Filing AOS without birth certificate?

[Alhamdulillah 0]

He thought he brought it but now that we're ready to file we can't find it anywhere. He'll have to have his brother get it, have it translated and mail it over which will probably take at least a month.

Techinically, his visa/I-94 doesn't expire until 7/5/07 so we could possibly wait but I'm afraid they will raise the fees before we get it in and then we'll be short so I was thinking maybe we could just send it all in and when they notice the birth certificate is missing then they'll condition us for it but at least it will be filed... will it work or will they return or deny it? The form says the application is not considered complete if it's not signed or if the correct fee does not accompany it but it doesn't mention if other forms are missing.

Has anyone tried this?

[fozzie 41]

He thought he brought it but now that we're ready to file we can't find it anywhere. He'll have to have his brother get it, have it translated and mail it over which will probably take at least a month.

Techinically, his visa/I-94 doesn't expire until 7/5/07 so we could possibly wait but I'm afraid they will raise the fees before we get it in and then we'll be short so I was thinking maybe we could just send it all in and when they notice the birth certificate is missing then they'll condition us for it but at least it will be filed... will it work or will they return or deny it? The form says the application is not considered complete if it's not signed or if the correct fee does not accompany it but it doesn't mention if other forms are missing.

Has anyone tried this?

I wouldn't risk it. If you are married within the 90 days of the k1 visa there is no rush to file AOS.

[Alhamdulillah 0]

I wouldn't risk it. If you are married within the 90 days of the k1 visa there is no rush to file AOS.

What I'm afraid of is this fee increase that was discussed in another section... apparently the fee is going to jump from $395 (with bio) to $975 and I don't really want to risk that change taking effect before I file and then I wouldn't be able to afford to file it at all.

[cellarlily 0]

Yes, well if you file your AOS without your birth certificate, they could outright deny you and all that money will be wasted anyway. At the very least they'll send you an RFE, but they have every right to deny your petition because you've left out a vital part of the application.

Get married (if you haven't already) and get a new copy of your birth certificate ASAP. File your AOS only when you've found it (or have found a copy...shouldn't you have a copy of all the things you sent for your K-1?)

[FrogPondering 0]

Hi,

I overlooked that I need a b-certificate for the AOS and I end up asking my relatives to have it translated for me. Then I had it scanned and e-mailed as an attachment (both the b-certificate and the translation). I just printed it off my e-mail after that. Another thing your brother could do is fax you the document.

You file with a copy of the b-certificate anyway. And then you will have enough time to receive the originals via snail mail and have them ready in case you need them (you'll probably need them if you have to go to an interview)

)

By the way - Since I don't have a fax machine available ... I found that the local grocery store has a public fax and they charge 1$ a page.

[Alhamdulillah 0]

Yes, well if you file your AOS without your birth certificate, they could outright deny you and all that money will be wasted anyway. At the very least they'll send you an RFE, but they have every right to deny your petition because you've left out a vital part of the application.

Get married (if you haven't already) and get a new copy of your birth certificate ASAP. File your AOS only when you've found it (or have found a copy...shouldn't you have a copy of all the things you sent for your K-1?)

We are already married and they didn't ask me for a copy of his birth certificate when I filed for the K-1.... it's something he will have to have his brother get from his country and have translated into English before mailing it over here.

Hi,

I overlooked that I need a b-certificate for the AOS and I end up asking my relatives to have it translated for me. Then I had it scanned and e-mailed as an attachment (both the b-certificate and the translation). I just printed it off my e-mail after that. Another thing your brother could do is fax you the document.

You file with a copy of the b-certificate anyway. And then you will have enough time to receive the originals via snail mail and have them ready in case you need them (you'll probably need them if you have to go to an interview)

)

By the way - Since I don't have a fax machine available ... I found that the local grocery store has a public fax and they charge 1$ a page.

Ah!!! this is a perfect idea! I didn't think of this at all!! I'm going to tell my husband to do this! Thanks!

[Killer_Clown_2009 0]

Do you know if he ever gave his copy of a birth certificate to any organization or company in the past? Maybe they could send you a copy of the copy.

[bora bora 1]

You can also fax at Kinko's, Staples, your job (?)...

Good luck.

[Alhamdulillah 0]

Just to update... I came home to tell hubby about the great idea we came up with only to hear him tell me that he already told his brother to do that this morning

I just know he read it here first but he swears he didn't LOL

Thanks everyone for the help and keep us in your prayers/thoughts