i-485 requires a birth certificate but can't get it

[Hide 0]

I am a US citizen who is applying i-485 for my wife. She may have a hard time getting a birth certificate from her country. Is birth certificate critical for this application? It is listed under Initial Evidence as a required documents, but I am sure there are some people who does not have this.

Does anyone know if USCIS will still accept and process the application missing the birth certificate?

[Deputy Purple 1,294]

Original birth certificates are required for all applicants, without it there is nothing you can do.

How did she get this far in life without one?

[Pitaya 2,577]

I am a US citizen who is applying i-485 for my wife. She may have a hard time getting a birth certificate from her country. Is birth certificate critical for this application? It is listed under Initial Evidence as a required documents, but I am sure there are some people who does not have this.

Does anyone know if USCIS will still accept and process the application missing the birth certificate?

The phrase "required documents" says it all.

[Inky 1,111]

http://www.uscis.gov/files/form/i-485instr.pdf

Read the instructions page 3.

""Submit a copy of your foreign birth certificate or other record of your birth that meets the provisions of secondary evidence found in Title 8, Code of Federal Regulations CFR, 103.2 b2. ""

Not sure why no one wants to read the instructions but it tells you information in there that can help you usually lol. Now be sure to use that information to find out the rest of the information you need to look up to locate what is accepted in leu of a birth certificate.

[ceadsearc 516]

As mentioned, check the USCIS website as to what can be done if she does not have one. She will probably need to get a non-availability certificate or something similar from the town she was born in.

She cannot just not send anything. A birth certificate is a requirement. She will get an RFE for not sending the birth certificate, and if she doesn't respond with what they want, her case will be denied. Since you only get 87 days to respond to an RFE and it can take awhile to obtain a birth certificate or non-availability certificate from abroad, she should really obtain that first.

[Harpa Timsah 13,258]

Here is the website that details where she can get her BC or what documents will suffice in lieu of it (some countries don't have reliable documents). http://travel.state.gov/visa/fees/fees_3272.html

If she is from Taiwan, as your flag says, here is the info: http://travel.state.gov/visa/fees/fees_5455.html?cid=9776#docs

[minkthecat 6]

Be nice people.

The advice is good but there is no need to be condescending with it. USCIS has every possible form of proving who you are anyway, so whilst it seems obvious to us that you need everything on the list when we have access to all these things, it is understandable that those who don't, have questions like the one posted here. Show some compassion, this process is stressful enough.

[VanessaTony 3,567]

I am a US citizen who is applying i-485 for my wife. She may have a hard time getting a birth certificate from her country. Is birth certificate critical for this application? It is listed under Initial Evidence as a required documents, but I am sure there are some people who does not have this.

Does anyone know if USCIS will still accept and process the application missing the birth certificate?

What visa did she arrive on?

[Hide 0]

Everyone, thank you very much for answering my question. This was my first time posting a question and surprised to find so much support from you all.

My wife contacted her mom yesterday to see if she can get her birth certificate. We will see if she can get it for us.

To answer Venessa&Tony, she came in with B1/B2 and changed the status as F1 when she was accepted by a college here.

Again, thank you everyone.

[milimelo 4,562]

Moving to AOS from student, tourist, work visa.