Missing birth certificate for adjustment of status - now what?

[Yasi&Marti 1]

Has anyone here applied for AOS without a birth certificate? We just got married and have all the other papers ready to go, but we can't get the required birth certificate (my husband didn't make a copy of the birth certificate that he submitted for the K-1 - so yes, they have it already but this doesn't seem to matter). Here's what makes this even more tricky:

*He's Cuban and their "consulate" in Washington is useless - they don't return phone calls or emails.

*Also, he doesn't have any family members in Cuba anymore who can retrieve the document for him.

*We went to our USCIS office this morning and they basically said too bad, he should have made a copy; submit the papers and see what happens (thanks, jerks).

I realize his being from Cuba further complicates the situation, but any advice would be appreciated. Especially if you or someone you know has been through this. I would love to know the outcome, or if there any workarounds.

Thanks!

[Hypnos 6,576]

It's a required document; you need it.

http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/CU.html#birth-1

Edited April 28, 2015 by Hypnos

[Yasi&Marti 1]

It's a required document; you need it.

http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/CU.html#birth-1

I know, but we don't have it and we can't get it. So now what? Game over?

[Hypnos 6,576]

Probably, if you can't get it.

If you file without it then you'll be RFE'd for it, and if you fail to respond to the RFE with it then the I-485 would be denied, and deportation would follow.

Perhaps a certified letter to the Cuban Interests Section in DC? They seem to be the only ones that can help you obtain it.

Edited April 28, 2015 by Hypnos

[Transborderwife 4,666]

Try this site: http://cubacityhall.com

[pepper44 18]

you might have to make a trip to the consulate here in DC or see if you can hire someone to get it for you. I know there are lawyers in Cuba that might be able to order it for him and send it? I'm not sure all I know is the consulate here in DC does not answer phones or emails. Maybe you could try calling one of those agency's that works with them like Marazul. They always seem to get a hold of people there.

Did you not make a copy of the entire packet you sent for the original submission?

[TBoneTX 45,299]

*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- OP is past the K-1 stage. ***

[Zanby 1]

I really feel for you! May be cause I am in the same boat!

The thing I don't understand, one can be born any where and still be OK yet they ask for it? What? They need a document that proves that you are talking to them? Coz evidence of the birth certificate can not be a cause to stop anything?

Just ask for a passport and that's it! It's a proof of citizenship hence the laws of that country will apply. Which is very fine!

Now, I can't get married coz of it!!!

[Mike-eeh and Odie 193]

I really feel for you! May be cause I am in the same boat!

The thing I don't understand, one can be born any where and still be OK yet they ask for it? What? They need a document that proves that you are talking to them? Coz evidence of the birth certificate can not be a cause to stop anything?

Just ask for a passport and that's it! It's a proof of citizenship hence the laws of that country will apply. Which is very fine!

Now, I can't get married coz of it!!!

Not to sound condescending, but the birth certificate should be the first thing one packs before leaving to a foreign country for the rest of their life.

[Zanby 1]

Do you know that I have been a US citizen for 32 years now and I never needed it until now?

[lorella 65]

the i-485 instructions say to "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 (b)(2)". Have you researched that federal code 103.2 (b)(2) to see what it says? It might be worth looking into.

My husband is also from Cuba. I read through the AOS documents prior to his arrival to the US and realized that he would need to bring some documents with him for the application. I'm glad I did - because I'm not sure he would have thought about this on his own. I hope you guys are able to figure something out!

[Peace&Love 26]

Here is the way you can communicate with Cuban Interest Section in DC. There are list of agents that can help you communicate with the consulate depends on which state you live. The consulat is not taking money directly since they have problem with bank because of the US embargo, but that will change soon. It took me months to figure all out because I needed to legalize some documents that I'm going to use in Cuba. Here is the link, click the state you live in and it will give you list of agents ( http://www.cubadiplomatica.cu/sicw/ES/ServiciosConsulares.aspx).I sent emails to the interest section so many times I got no respond or phone respond. My husband went to the ministry of foreign affair in Cuba and told our situation and they gave him the consulate email and finally the consulate responded back my husbands email. He is the one who gave us the link to use. The consulate email address is (consul5@sicuw.org) and his name (Hector Herrera Dominguez). Good luck!

[Yasi&Marti 1]

you might have to make a trip to the consulate here in DC or see if you can hire someone to get it for you. I know there are lawyers in Cuba that might be able to order it for him and send it? I'm not sure all I know is the consulate here in DC does not answer phones or emails. Maybe you could try calling one of those agency's that works with them like Marazul. They always seem to get a hold of people there.

Did you not make a copy of the entire packet you sent for the original submission?

I made a copy of everything I sent in, but he didn't make a copy of the sutff he submitted (it's not quite so easy to make copies there, and he just wasn't thinking, I guess). Anyway, thanks, everybody, for the helpful suggestions.

[Yasi&Marti 1]

Here is the way you can communicate with Cuban Interest Section in DC. There are list of agents that can help you communicate with the consulate depends on which state you live. The consulat is not taking money directly since they have problem with bank because of the US embargo, but that will change soon. It took me months to figure all out because I needed to legalize some documents that I'm going to use in Cuba. Here is the link, click the state you live in and it will give you list of agents ( http://www.cubadiplomatica.cu/sicw/ES/ServiciosConsulares.aspx).I sent emails to the interest section so many times I got no respond or phone respond. My husband went to the ministry of foreign affair in Cuba and told our situation and they gave him the consulate email and finally the consulate responded back my husbands email. He is the one who gave us the link to use. The consulate email address is (consul5@sicuw.org) and his name (Hector Herrera Dominguez). Good luck!

Thank you SO much! This is incredibly helpful and is really the first glimmer of hope I've seen lately.

[Peace&Love 26]

Thank you SO much! This is incredibly helpful and is really the first glimmer of hope I've seen lately.

Is your husband from Havana? I will be going there soon for my husband's interview, let me know if I can help you with anything while I'm in Havana.