Birth Certificate?? What do we do?

[Gperry 0]

Thanks in advance. Advice needed fast!

This is going to be a tough thing for us to get past in a short amount of time. Visa expired 11/15/2010 so we are walking a tight rope.

I noticed the requirements for the I-485 says Birth Certificate. I thought you could use passport instead? What a frustrating new hurdle.

I think the best we are able to do is maybe a digital or xerox copy. Does that work for this!?!

The only other thing I think is if the embassy of El Salvador can issue one of these? Is it possible to get something like this fast and over nighted?

HELP!! Thank you so much for your time and help.

Best,

JG

[Pegworth 2]

I got a form I-72 after my AOS interview which is the form they use for a RFE I think.

I only had a short form birth certificate which most Canadian do.

So 2 weeks after the interview I received the I-72 requesting I provide a long form birth certificate which I was able to get from Canada in only 3 days.

They only gave me 14 days to send it and they received it with in a week.

So I do believe you will need a long form BC and send them a photo copy but make sure they may want the original.

[Gperry 0]

I got a form I-72 after my AOS interview which is the form they use for a RFE I think.

I only had a short form birth certificate which most Canadian do.

So 2 weeks after the interview I received the I-72 requesting I provide a long form birth certificate which I was able to get from Canada in only 3 days.

They only gave me 14 days to send it and they received it with in a week.

So I do believe you will need a long form BC and send them a photo copy but make sure they may want the original.

First of all thank you for your response..

So you're saying that we can submit the application without the birth certificate or even just a copy and then they will issue a request for it and we will have about 14 days to fulfill the requirement? If you can clarify... is something that you can bring the original to show during your interview? Or they actually still requested one sent to them?

This isn't going to be easy.. since we can't exactly fly to El Salvador and jump on a horse and travel to a remote village for an original / certified copy. Pooooh!! I can't believe a birth certificate is going to hold this up.

[Pegworth 2]

Sorry another note. I got mine from Vital Statistics in Winnipeg Manitoba Canada.

I think it's vital Statistics Manitoba which is provincial so I don't know if they issue a BC in El Salvador on a state or provincial level where they may keep the record of the birth.

I was able to have my mother go there in person in Winnipeg which made getting it much quicker.

[Pegworth 2]

I submitted my I-485 with just photo copy of the short form BC after the meeting they sent a letter asking for a long form and I had new one issued and sent them that so you may need it later any way. If you have a family member that can obtain a new one for you I guess that would easiest at least it was for me. In Canada they allow parents,siblings and legal guardians to get a BC for someone.

[Barbara J 115]

First of all thank you for your response..

So you're saying that we can submit the application without the birth certificate or even just a copy and then they will issue a request for it and we will have about 14 days to fulfill the requirement? If you can clarify... is something that you can bring the original to show during your interview? Or they actually still requested one sent to them?

This isn't going to be easy.. since we can't exactly fly to El Salvador and jump on a horse and travel to a remote village for an original / certified copy. Pooooh!! I can't believe a birth certificate is going to hold this up.

You will need a copy of BC for I-485

[Brandi n Michael 8]

You will only need a copy of the birth certificate for the application I-485. Make sure it is the long version.

Brandi

[JimVaPhuong 4,863]

Thanks in advance. Advice needed fast!

This is going to be a tough thing for us to get past in a short amount of time. Visa expired 11/15/2010 so we are walking a tight rope.

I noticed the requirements for the I-485 says Birth Certificate. I thought you could use passport instead? What a frustrating new hurdle.

I think the best we are able to do is maybe a digital or xerox copy. Does that work for this!?!

The only other thing I think is if the embassy of El Salvador can issue one of these? Is it possible to get something like this fast and over nighted?

HELP!! Thank you so much for your time and help.

Best,

JG

You can send a digitally or photostatically (e.g., Xerox) produced copy with the petition package. They may ask to see the original at the interview.

I don't know the specifics of getting a BC in El Salvador. If a family member can get it for you and send it by express private courier (e.g., Fedex or DHL) that would be best. You will also need a translation of the BC, and the translator must certify the translation.

Don't worry about the visa expiration date. She's adjusting as an immediate relative of a US citizen, which means her status at the time the AOS petition is accepted is irrelevant in 95% of the cases (VWP excepted).

For the Canucks - Most countries don't have two types of birth certificates - long and short form. Most have only one. Also, in some countries, there are no original birth records stored anywhere. In those countries, a birth certificate is prepared on request by a local official authorized to do so from whatever records can be cobbled together. Those records often have to be produced by the person requesting the birth certificate. In other words, it isn't always possible to send a request to some agency in the foreign country for a birth certificate because they may not have a record they can produce a birth certificate from. Sometimes it requires a personal appearance by the person requesting the certificate or a member of their family.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as your profile states you are adjusting from a J1 visa and the prior forum is for K1, K2, K3 & K4 **

[Gperry 0]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as your profile states you are adjusting from a J1 visa and the prior forum is for K1, K2, K3 & K4 **

Actually we are getting married and then adjusting as a spouse. We had to get rid of the 2 year requirement on the J-1 Visa so we can marry and adjust as spouses. Would still consider adjustment from J-1 at that point? I'm looking at where I'm going... not where I'm coming from. :) As, I-485 is for spouse no?

JG

Edited October 26, 2010 by john+noemy

[Harpa Timsah 13,258]

The forums are confusing... there is one for people adjusting FROM K visas and people adjusting FROM other visas. If you are adjusting FROM a student visa based on a marriage, the forum Vanessa moved it to is correct (which you are). Most people in the adjusting FROM student, work, tourist visa are doing so based on marriage (ie concurrent filers), although I agree that people adjusting based on work should have a separate forum.

Remember, you are filing a CONCURRENT I-130/I-485 petition. I-130 is for spouse (or relative) and I-485 is the adjust status part. People adjusting based on work also file a 485.

[VanessaTony 3,567]

The forums are confusing... there is one for people adjusting FROM K visas and people adjusting FROM other visas. If you are adjusting FROM a student visa based on a marriage, the forum Vanessa moved it to is correct (which you are). Most people in the adjusting FROM student, work, tourist visa are doing so based on marriage (ie concurrent filers), although I agree that people adjusting based on work should have a separate forum.

Remember, you are filing a CONCURRENT I-130/I-485 petition. I-130 is for spouse (or relative) and I-485 is the adjust status part. People adjusting based on work also file a 485.

Exactly.

[icee 0]

Actually we are getting married and then adjusting as a spouse. We had to get rid of the 2 year requirement on the J-1 Visa so we can marry and adjust as spouses. Would still consider adjustment from J-1 at that point? I'm looking at where I'm going... not where I'm coming from. :) As, I-485 is for spouse no?

JG

hi, how did you get rid of 2 year requirement? isn't it the kind of requirement when you (student visa holder) had to go home and apply the knowledge you got from the States back at home for 2 years and then you can travel back to the states? maybe I don't know something...

I think the copy of your bc is what they require and they might ask for the originals later, but this gives you time to get your original bc mailed to you from your country; so in any case you need the originals of your bc, just not at this instance. make sure you have all the documents you need for all those 3 forms. it takes at least a month to gather all the docs requested.. make a check list.

[Gperry 0]

hi, how did you get rid of 2 year requirement? isn't it the kind of requirement when you (student visa holder) had to go home and apply the knowledge you got from the States back at home for 2 years and then you can travel back to the states? maybe I don't know something...

I think the copy of your bc is what they require and they might ask for the originals later, but this gives you time to get your original bc mailed to you from your country; so in any case you need the originals of your bc, just not at this instance. make sure you have all the documents you need for all those 3 forms. it takes at least a month to gather all the docs requested.. make a check list.

They decided that the 2 year HRR did not apply. We did this by putting together a package based off a No Objection Statement that we obtained from her embassy. The idea of the J-1 Visa is for the individual to return to their home country and share what they learned. She also is in the process of earning an education/admin degree which did fit on the skills list. I'm not sure of their interpretation of that.

I believe we put together a good packet, had some luck, and stayed firm and consistent with contacting her embassy. Our letter said that she wasn't aware of the 2 year HRR and that she would have chosen another Visa if she knew this. We also stated that we were confused why she was subject to this requirement since it wasn't marked on her fellow au pairs papers.

We requested a No Objection Statement from her home government so that she simply had the option to pursue further options that might include attending University in the US. It is true that she will attend college, but I also figured the US government is going to be motivated by an individual that is spending money in the US economy to go to school. Since El Salvador has close ties to the US and even uses US currency we made sure to include that her family was dependent on the money she was earning and sending back to help them. (I felt this would motivate her embassy and it's also true. Since the El Salvador economy is very dependent on workers here sending back large sums of dollars it only made sense). I'm not sure how we got around the skills list. Other than the fact that she has not completed her studies. So to be honest how can it be a skill if you've never used it? They also said it didn't apply because the program she was part of did not pay $ for her to be here. We provided letters from her host family saying how happy they were with her and that she had done a good job. We also provided a copy of her school grades.

I'll provide an example letter below. Please edit this as appropriate and change verbiage.

[Gperry 0]

hi, how did you get rid of 2 year requirement? isn't it the kind of requirement when you (student visa holder) had to go home and apply the knowledge you got from the States back at home for 2 years and then you can travel back to the states? maybe I don't know something...

I think the copy of your bc is what they require and they might ask for the originals later, but this gives you time to get your original bc mailed to you from your country; so in any case you need the originals of your bc, just not at this instance. make sure you have all the documents you need for all those 3 forms. it takes at least a month to gather all the docs requested.. make a check list.

Wanted to respond to my last response. The letter doesn't make mention of school as I stated. When you call your country embassy for no objection statement there is usually an operator and then someone else you will talk to. That person is an intermediary and you will not talk to the ambassador. That person will usually ask why and tell you what they want you to provide. We mentioned school on the phone to that person and school was indeed typed in the DS-3035 J-1 Visa petition to the United States. Our statement or request to the US was much shorter, but simply stated that she wasn't aware of the 2 year home requirement and requests that it is waived so that she can pursue other opportunities such as attending University. It also made mention that she had obtained the appropriate prerequisites from her country and awaited a favorable decision.

It might sound silly, but I've always written letters in a we, our fashion. I've also mentioned the outcome I wanted such as favorable or quickly. You might pick up on that some in the letter below. I want the person on the other end of that letter to feel like they are on my team or that I'm on theirs. I worried about writing these letters and corresponding this way, but I've done it my entire life. I guess I really do feel like whoever is rubber stamping these papers is part of that voyage and hope they will take pride in my happy life. I will think favorably on them for my life.. so, right or wrong it's my approach.

SEE LETTER BELOW:

YOUR NAME

Street Address

City, State Zip

FULL DATE

Mr. NAME, Ambassador

Embassy Street Address

Washington, DC ZIP

RE: Request for No Objection Statement

Dear Mr. Ambassador name,

I am writing to request your assistance to waive the 2 year home resident requirement of my J-1 Visa found in

section 212(e). I am in the process of completing my DS-3035 application with the US government and require a 'No

Objection Statement' letter from the embassy of (COUNTRY) in Washington D.C. to be submitted directly to the US

Waiver Review division.

It is my understanding that this is our only recourse to waive the two-year Home Residency Requirement (HRR)

found in Section 212(e) of the Immigration and Nationality Act.

I sincerely appreciate your service as I was not aware of this restriction on my J-1 visa when I decided to become an

Au pair. I would like this waiver so that I may pursue future opportunities to change my visa status. At first I

wondered if there could be a mistake as it is not present on my friends J-1 Visas. I'm currently sending much needed

money home to help my family and also paying for the DS-3035 application. I appreciate your time, help, and prompt

response.

Attached to this request I am sending multiple documents; including: Copy of Passport, J1 Visa, DS-2019 form,

student college transcripts, and a letter from my host family that I have been an Au Pair for during my J-1 Visa.

Most Sincerely,

YOUR NAME