change of status

[yapasdeprobleme 4]

Hi VJ folks, thanks for your continued support throughout this overcomplicated process!

My fiance entered the country in May, and the expiry date on his I94 is Aug 3. We will probably not get the marriage license in the mail in time to apply for change of status before the 3 AUG date, but I have read that as long as we're married before that date, it doesn't matter.

We're marrying on Monday, and I will start the change of status paperwork on Tuesday. We have a problem with the birth certificate though. When he applied for the K1 in Dakar, he had a photocopy of the birth certificate, but the lady took it as well as the original. He's from Guinea, and the thing is hard to get a replacement of, and then there's the problem of mailing it, as they don't have a post office!!

How essential do you think a birth certificate is? They have a copy of it (AND the original) on file, in Dakar, I guess(?) and he obviously needed it to get the original visa - I'm not sure what else we can do...

any other dos and donts i should know, moving forward to the next step?

[Dave&Roza 748]

The birth certificate is listed as #2 in the required document section and without a copy the application will be considered incomplete and returned to you. Unless you can meet the requirements of 8 CFR 103.2(B)(2): which states:

"Submitting secondary evidence and affidavits?(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence."

So either you have to come up with another copy of the birth certificate or secondary evidence or affidavits to over come the lack of secondary evidence. You basically have until about two years after geting married to file AOS and there is debate about that as well. I would make certain you file ASAP, but get copies of the birth certificate. You never have to give up an original of any document during this process unless specificaslly asked to do so. Always supply copies and have the origianl to show them, and try topget them to take the copy only. Originals are sometimes very hard to get and I would guard them with my life before giving them up.

Good luck and hope all things go well.

Dave

[Gary and Alla 3,694]

Hi VJ folks, thanks for your continued support throughout this overcomplicated process!

My fiance entered the country in May, and the expiry date on his I94 is Aug 3. We will probably not get the marriage license in the mail in time to apply for change of status before the 3 AUG date, but I have read that as long as we're married before that date, it doesn't matter.

We're marrying on Monday, and I will start the change of status paperwork on Tuesday. We have a problem with the birth certificate though. When he applied for the K1 in Dakar, he had a photocopy of the birth certificate, but the lady took it as well as the original. He's from Guinea, and the thing is hard to get a replacement of, and then there's the problem of mailing it, as they don't have a post office!!

How essential do you think a birth certificate is? They have a copy of it (AND the original) on file, in Dakar, I guess(?) and he obviously needed it to get the original visa - I'm not sure what else we can do...

any other dos and donts i should know, moving forward to the next step?

As long as you marry before the expiration of the I-94 you are good. The K-1 visa does not expire unless you do not enter the US. When you enter the US the visa is cancelled and you get the I-94. Get married before the expiration date on the I-94. There is no particular deadline to file for AOS. I advise you get everything you need before you send it, start working on getting it now.

Yes, a birth certificate is required. Since you did not make multiple copies of the original (always make LOTS of copies of everything) send for a new one. Whatever it takes. Maybe someone there can get one for you? A relative or something? You can take a risk and send the AOS without it and hope you get one before the RFE comes, but if you do not have it to respond to the RFE they will deny your application and you start (and pay) over again.

[Gary and Alla 3,694]

You can also try calling the visa section in Dakar and ask them to send back the original. They are supposed to keep the copy and return the original.

Advice to others...DO NOT Leave the interview area without verifying you have ALL the original documents you gave them!

Edited July 24, 2011 by Gary and Alla

[yapasdeprobleme 4]

You can also try calling the visa section in Dakar and ask them to send back the original. They are supposed to keep the copy and return the original.

Advice to others...DO NOT Leave the interview area without verifying you have ALL the original documents you gave them!

No kidding - The problem with calling Dakar is that you can only do it by buying a weird phone card at some hotel in Dakar and using that to call them. It's such a scam. I can try emailing them, though.

OK its good to know we have a little time. The Visa in the passport expires in November, but the I 94 expires next week. We got married yesterday, and I'll hope to get some sort of birth certificate by November!

SIGH. Always something...

[milimelo 4,486]

Moving to AOS from family based visa.

[yapasdeprobleme 4]

"Submitting secondary evidence and affidavits?(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence."

OK Opinion needed - He just showed me copies of two other documents that he DOES have: it's his police record and his "Certificate of Nationality"... Any idea if that would suffice as secondary evidence?