RFE for Intending Immigrant's Birth Certificate

[hamigirl710 112]

I am being proactive and my hubby is getting his BC translated and in the mail to me tomorrow. The only issue is that his BC has a 3 month expiration date so I am hoping if I need it I will be asked within that time frame

[pushbrk 12,876]

I am being proactive and my hubby is getting his BC translated and in the mail to me tomorrow. The only issue is that his BC has a 3 month expiration date so I am hoping if I need it I will be asked within that time frame

The US Government is not concerned with expiration dates on a BC. They know the information does not change with time. For some crazy reason, Ghana is an exception to that. Makes no sense.

Edited November 22, 2012 by pushbrk

[hikergirl 277]

Okay, so the exact wording is as follows:

Notice of Intent to Deny

The record shows that you failed to provide items required by the applicable regulations and/or the form's instructions and consequently, have not established the beneficiary's eligibility for the benefit sought. Please comply with the following:

- Submit the birth certificate of <beneficiary's name>. The birth certificate must be issued by the appropriate civil authority showing timely registration, date and place of birth, and parents' names.

Now I'm wondering if they want the original or if the copy hubby sent is going to be good enough. I feel sick to my stomach all over again. Are all RFE's called Notice of Intent to Deny or is this worse?

I'm tempted to Priority Post hubby my original and make him hand carry it to Charleston - with an infopass appointment of course.

[ndu26 114]

Really. You have seen NBC begin to APPROVE petitions? Do you have an example to point me to?

O yes there have been about 5 approvals by NBC that I have reasd so far since they began the transfer, with the most recent being someone who filed in early october.

My point is that it is local field offices approving these petitions, not NVC. When trying to help people, it is critical you get your facts straight.

Nope the few approvals I read came straight from NBC as per their posts.

[Ryan H 3,812]

Are all RFE's called Notice of Intent to Deny or is this worse?

The phrase "Notice of Intent to Deny" is usually worse than an RFE. A simple RFE is written out in long form, "Request for Evidence" on the notice.

[N-o-l-a 7,167]

Okay, so the exact wording is as follows:

Now I'm wondering if they want the original or if the copy hubby sent is going to be good enough. I feel sick to my stomach all over again. Are all RFE's called Notice of Intent to Deny or is this worse?

I'm tempted to Priority Post hubby my original and make him hand carry it to Charleston - with an infopass appointment of course.

I'd call and speak to the tier 2 person. That is really bizarre and I'd want to reassurance that it is just an error and someone in the field office wasn't used to sending out RFEs *which they shouldn't have done for this anyway*.

[pushbrk 12,876]

O yes there have been about 5 approvals by NBC that I have reasd so far since they began the transfer, with the most recent being someone who filed in early october.

Nope the few approvals I read came straight from NBC as per their posts.

The notices are mailed from NBC, but many are still adjudicated and approved at a local office. For example, if you adjust status and have an interview at a local office, your "notices" are still likely to come from NBC.

[hikergirl 277]

Okay, hubby talked to a supervisor at USCIS and they verified that unless specifically asking for an original the copy will be sufficient. As long as it is legible.

Hopefully the supervisor will question as to why the Field Office is issuing a NOID for a document that is no longer required by the forms instructions.

I just don't want anymore hiccups in our cases. <crossing fingers and toes>

[hamigirl710 112]

Okay, so the exact wording is as follows:

Now I'm wondering if they want the original or if the copy hubby sent is going to be good enough. I feel sick to my stomach all over again. Are all RFE's called Notice of Intent to Deny or is this worse?

I'm tempted to Priority Post hubby my original and make him hand carry it to Charleston - with an infopass appointment of course.

How can they even do an intent to deny when the brith certificate for the beneficary is not even required at this stage? This is weird

[hikergirl 277]

How can they even do an intent to deny when the brith certificate for the beneficary is not even required at this stage? This is weird

I think they are just using an old manual since they don't normally adjudicate I-130s at the Field Offices.

Rather than argue with them and cause delays we just sent them what they were asking for.

Seemed the safest route and that way they hopefully won't get annoyed and pick apart everything.

[hamigirl710 112]

I think they are just using an old manual since they don't normally adjudicate I-130s at the Field Offices.

Rather than argue with them and cause delays we just sent them what they were asking for.

Seemed the safest route and that way they hopefully won't get annoyed and pick apart everything.

Yeah and I probably would do the same thing Just frustrating thats all!!!

[hikergirl 277]

Still nothing. This process is so incredibly nerve-wracking.

I have asked hubby to call USCIS and talk to an ISO. Apparently last time he didn't, but the lady he talked to went and asked questions... I was asking him to ask what our recourse is at this point. Since we shouldn't have even received an RFE let alone a NOID for missing initial documentation (since my BC not required at this point).

They've had a copy of my birth certificate for 4 weeks now.

*Update* The ISO said for him to make an InfoPass appointment so he's done that.

Hopefully we'll get an approval in the next 10 days so he doesn't have to take a day off of work to go to Charleston. (Fingers crossed)