Request for Initial Evidence - could this be more unclear?

[Noshadow 1]

Hi guys.

My now-wife came over in November on a K-1 Fiance(e) Visa. We were married Dec. 23 of 2016. We've now filed for Adjustment of Status, but we've been slapped with a Request for Initial Evidence. The lack of clarity on this form is driving me bonkers, and I've already been disconnected from the USCIS phone line twice for inexplicable reasons. (That's our tax dollars hard at work...)

 

I'll get to the text of the RFE in just a moment. First, I'll tell you that I did NOT include the NOA2 in our Adjustment of Status application packet; I lost the document in a move. However, after visiting the local USCIS office, I was told that this is not a problem; that the K-1 Visa is of itself evidence that it was granted (and of course we included a scan of it in the AoS packet). This was clearly noted in the cover letter, and supporting evidence such as scans of the K-1 and the case number were included.

NOW, on to the RFE. Here's what it says:

"Request for Initial Evidence (I-485)

 

This office is unable to complete the processing of your Application. . . . [blah blah blah]

 

[X] You have submitted secondary evidence and/or a birth affidavit as proof of the applicant's birth record. However, the evidence you have submitted is insufficient.

 

Examples of acceptable secondary evidence may include, but is not limited to, church or school records listing your parents' names and your date of birth, hospital records of your birth, or other official records indicating a country and record of birth.

 

In addition to a birth affidavit or secondary evidence, Title 8 . . . states,

'Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. . .'"

 

OKAY...

 

...But we included my wife's original, Peruvian birth certificate in the packet. This is the part that freaks me out a little: We included precisely the most primary initial evidence for birth and country of residence, her freaking birth certificate! This is listed in the instructions for the AoS as the preferable piece of evidence. So... #######? I'm worried that this RFE may be asking for evidence of eligibility status (even though it patently doesn't say that), because (1) requesting evidence other than her birth certificate seems ridiculous and (2) they are talking about secondary evidence (see above), but the form is a request for initial evidence!

 

Can anybody shed light on this situation? I don't want to get it wrong, and USCIS is giving me that US-government-level-service I've come to expect from bureaucracy...

[Scandi 4,024]

Did you also include a notarized translation of the birth certificate?

[p-ana 933]

1 minute ago, Scandi said:

Did you also include a notarized translation of the birth certificate?

Doesn't have to be notarized. The person translating it needs to include a statement certifying they're fluent in both languages though

[Noshadow 1]

49 minutes ago, Scandi said:

Did you also include a notarized translation of the birth certificate?

It was the original, funny enough. (My wife chose to include the original, rather than a copy, without my knowledge...) Notarization only applies to copies, doesn't it? That was my understanding. See attached file:

[p-ana 933]

Was this the same birth certificate your wife presented at her k1 interview? If so, should've been enough. Maybe they lost it? I'd send a copy of both docs again, with a cover letter listing both and maybe a statement telling them this is the official birth certificate from Peru. 

[Thalia.Fanchiang 0]

I just got the exact same RFE, what happened? what you send?.

Im from Mexico and I send the same birth certificade I used for my K1 visa and a traslation.

 

my Mom will go to the Births and deaths office on monday to ask for a letter  from the secretary that state that the birth certificade is official.

also she will scan my babtipse certificade.

 

what a mess. I seriously dont undestand.

 

 

 

[Noshadow 1]

Hi Thalia,

 

Here's an update:

 

In the case of Peruvian birth certificates, we found that there had to be an extra stamp which qualified the birth certificate for "external use." This seems really strange, because like you said it's the same birth cert that we used for her K-1 and it was approved... but whatever. I strongly recommend that you NOT simply get a "letter that states that the birth certificate is official." We had to pay for a whole new one: New certificate, new translation, and then the stamp for "external use."

 

I called USCIS and after 3 calls and 5 hours on hold, finally got hold of an officer. He was very nice, but extremely unhelpful, as he only said "Call the Peruvian government and ask what you should send." (The "Peruvian government"?!!? Yeah I just have that right here on my speed dial...) My advice: Don't call USCIS. They're kind, but very useless.

 

We WILL be including as much secondary evidence as we can, just to be safe. This would include baptismal certificates ONLY if you were baptized within 2 months of birth (in our case, she wasn't). Anyway, we're going to put together the hospital records, a copy of her voter card, and a couple of affidavits if we can.* Best of luck!

 

 

[Apfel 46]

Similar thing happened to us, we included my husband's foreign record of birth and its the exact document the RFIE link asks for. We just re-sent it with a printout of the travel.state.gov link to the reciprocity schedule and it was fine. Waste of money and time though!

[Thalia.Fanchiang 0]

Got it! we will get the apostille instead th letter. my mom will go to do all the paperwork for that on momday. thanks Noshadow. and let us know how everything worked, best of lucks!