No birth certificate ??- need some ideas

[toldsom 0]

Hi All,

With regards to myprevious post, if anyone has any feedback for us that would be much appreciated.

[FrogPondering 0]

Hi toldsom,

It's not that we don't care, we probably don't know what to advise you

I read your post last night and I wanted to reply but I didn't wanted to give you wrong information

Anyway - I didn't have my birth certificate with me when I was preparing the AOS application, so I called the 1-800 USCIS number to ask what they mean by secondary evidence. The rep. who I talked to tried to be helpful and read what they mean by secondary evidence. You could find the info. on the USCIS web site - the instruction on the AOS application refer to Title 8, CFR 103.2 (b )(2)

Hey, I'll post that because my laptop crashes and I'll loose all I typed if it does, but I'll get more info and write another post

[FrogPondering 0]

Copy and paste from http://www.uscis.gov/propub/ProPubVAP.jsp?...2617c4f22087e76

Title 8, CFR 103.2 (b ) (2 ) (i) and (ii) says:

" (2) Submitting secondary evidence and affidavits .

(i) General . The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.

(ii) Demonstrating that a record is not available . 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. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement. "

And to be certain that you have the correct papers - InfoPass would allow you to schedule an appointment with an immigration official. Could be a long drive depending on where you live, but if you send the paperwork and they are not happy with any initial evidence you'll receive a note asking for more papers.

Good luck with that.

I feel terrible your wife had to go through all that when she was a kid, but I am happy that all is over.

(F) (F) (F) (F) (F) (F) (F) (F) (F)

[Jessi+Rich 0]

More info here:

http://ecfr.gpoaccess.gov/cgi/t/text/text-....1.2&idno=8

(2) Submitting secondary evidence and affidavits —(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.

(ii) Demonstrating that a record is not available. 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. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.

Best luck

Jess

oops, too late

[toldsom 0]

Thanx guys for your help, we will take these into consideration and will update every1 on the progress.