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Anyone had experience trying to get a birth certificate for a French spouse to emigrate when the spouse, though French, was not born in France? My spouse is a French national born in a French colony (Algeria) during the time it was a colony of France. Both of his parents were French. One was born in France and the other, like him, was born to French colonists living in Algeria.  He returned to France with his family when he was a child, after the Algerian war ended in 1962 and the French colonists were told to leave. He has lived in France for the rest of his life. He has always gotten copies of his birth certificate from the Ministere des Affaires Etrangeres ( Ministry of Foreign Affairs) in Nantes, France. For the approval of the I-130 we provided 3 different versions of his birth certificate from this issuing authority--Ministere des Affaires Etrangeres. One is handwritten, one is a typed version of the handwritten version, and a third version, looking more modern, has a lot of boxes that are filled with typed information but does not include the birthplace of his parents. Our lawyer submitted this last one. Our I-130 was approved using this birth certificate, but now the NVC says it is "from the wrong issuing authority". They say: 

For French nationals born in a French colony, birth certificates may be obtained from the Direction des Archives de France, Section Outre-Mer, 5 Bd. Barthou, BP 1056, 44035 Cedex Nantes

And they say that the Ministere des Affaires Etrangeres (at another address but also in Nantes) is only appropriate as  an issuing authority for birth certificates for French nationals born in a foreign country.

We have written to the Archives address but have had no response. We think it's possible the NVC doesn't understand his situation. Our lawyer phoned but they only tell her the certificate must have a stamp showing the certificate is issued by the Archives de France. There is no phone number for the Archives nor can we find anyone in the French consulate able to tell us if the Archives even issues birth certificates and in what cases. So we continue to wait , wondering if we'll get any response at all.  We've waited six years, until retirement, to at last be together and we're  feeling trapped.

 

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Filed: Citizen (apr) Country: Ecuador
Timeline

Country-specific thread is moved from General Immigration Discussion to the Europe & Eurasia regional forum.  Title edited to specify France.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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  • TBoneTX changed the title to NVC says wrong issuing authority (in France) for birth certifcate
 
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