Secondary Evidence Instead of Foreign Birth Certificate

[Onelife786 54]

Marriage based green card

 

Received RFE, requesting Birth Certificate

 

I was born in Pakistan, but I am British citizen. For some reason I do no have my birth certificate

 

Q: Can I submit a secondary/alternative evidence i.e. Pakistani Government ID or Passport instead?

 

Many thanks

________________________

Sent packet:

09/24/2021 - FedEx overnight service $104
10/02/2021 - Money has gone from the account (sent two CITIBANK cheques (not money order nor credit card))
10/04/2021 - Four letters received. Acknowledgment/receipts for I-130, I-485, I-765, and I-131
10/08/2021 - Online USCIS website status checked by entering receipt number (Biometrics Appointment was Scheduled on 2nd Oct
10/09/2021: Received 2 letters, biometrics, and ONLINE ACCESS CODE for I-130 petition together (biometrics appointment is on 27th Oct. was scheduled on 2nd Oct.) waiting for online access code for rest of the petitions
10/12/2021: Received physical letter in the post that has ONLINE ACCESS CODE for all other petitions i.e. I-485, I-765 and I-131
10/27/2021 - Biometrics done status changed to Actively Reviewing 
01/25/2022 - E-mail notification for Initial evidence for your form I-485

01/28/2022 - Scanned RFE available in USCIS my account (Requesting birth certificate)

 

Case background: Applied as spouse to USC, no dependents, no kids, first marriage ever, married since 5 years, we lived 5 years in the UK, a British citizen.

 

(Self-made application - no lawyers/solicitors were used)

[Timona 4,207]

Get it from Pakistan or ask the Pakistani Consulate in London to assist.

My Nepali friend got a correspondence from the Nepali Consulate regarding his awkward birth certificate. USCIS accepted it. 

Unfortunately, there will be no shortcuts.

[powerpuff 6,700]

~ Moved from AOS K1/K3 visas to AOS work/student/tourist visas - OP is not a K1 applicant ~
 

47 minutes ago, Onelife786 said:

Q: Can I submit a secondary/alternative evidence i.e. Pakistani Government ID or Passport instead?

No, you can’t. You’re gonna have to get a hold of your birth certificate. 

[Wuozopo 4,293]

56 minutes ago, Onelife786 said:

I was born in Pakistan, but I am British citizen. For some reason I do no have my birth certificate

 

Q: Can I submit a secondary/alternative evidence i.e. Pakistani Government ID or Passport instead?

Did you follow their instruction?

Go to https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Find your country then scroll down to see how to get a birth certificate. 

The London embassy website says

If your birth certificate is unavailable you should obtain a certified statement from the appropriate government authority stating the reason why the record is not available. With the certified statement you must obtain secondary evidence. For example:

• An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parent’s names, and the mother’s maiden name.
• An adoption decree for an adopted child; or
• A baptismal certificate that contains the date and place of birth and both parent’s names providing the baptism took place shortly after birth.

 

 

 

[Timona 4,207]

2 minutes ago, Wuozopo said:

Did you follow their instruction?

Go to https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html

Find your country then scroll down to see how to get a birth certificate. 

The London embassy website says

If your birth certificate is unavailable you should obtain a certified statement from the appropriate government authority stating the reason why the record is not available. With the certified statement you must obtain secondary evidence. For example:

• An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parent’s names, and the mother’s maiden name.
• An adoption decree for an adopted child; or
• A baptismal certificate that contains the date and place of birth and both parent’s names providing the baptism took place shortly after birth.

 

This is exactly what I told him.

Our OP here was looking to us his "British citizenship" card.

 

One was born somewhere. Regardless of how many citizenships they have acquired in life, when you are asked for a BC, it is common sense that it is from where you were born, not from any of the areas you have acquired citizenship. 

[Wuozopo 4,293]

13 minutes ago, Timona said:

 

This is exactly what I told him.

Our OP here was looking to us his "British citizenship" card.

 

One was born somewhere. Regardless of how many citizenships they have acquired in life, when you are asked for a BC, it is common sense that it is from where you were born, not from any of the areas you have acquired citizenship. 

The OP’s post does not say he wants to use his British citizenship.
 

1 hour ago, Onelife786 said:

Q: Can I submit a secondary/alternative evidence i.e. Pakistani Government ID or Passport instead?

I would say only if those documents contain both parent names as well as his birth information.

Edited January 29, 2022 by Wuozopo

[Timona 4,207]

3 minutes ago, Wuozopo said:

The OP’s post does not say he wants to use his British citizenship.
 

I would say only if those documents contain both parent names as well as his birth information.

 

😪

[Onelife786 54]

I am using british citizenship and not Pakistani.

 

I do not have any ties in Pakistan.

 

When I applied for british citizenship, british consulate gives you option to provide secondary/alternative evidence option such as Pakistani ID which shows proof of place of birth.

 

My british Naturalization certifiacate also has place of birth. My british passport also has place of birth mentioned.

 

Our marriage is 6 years old. We have an approved K1 fiance petition in 2015 (same partner). We just never pursued GC route, and lived in the UK

 

What I do not understand is why they need this, They never asked for this during K1 petition, I submitted Pakistani passport copy during K1 finace petion in 2015

 

British citizenship gives us secondary evidence options i.e. Pakistani passport which states place of birth.

My british passport also have place of birth 

 

Not sure why you need this

 

So there is no way any secondary document can be used?

[Bajinga 136]

you are going to need the birth certificate or

a letter from the Pakistan consulate or a relevant authority of where you were born explaining why the birth certificate is non existent/not available plus the acceptable secondary evidences

 

[Timona 4,207]

1 hour ago, Onelife786 said:

I am using british citizenship and not Pakistani.

 

I do not have any ties in Pakistan.

 

When I applied for british citizenship, british consulate gives you option to provide secondary/alternative evidence option such as Pakistani ID which shows proof of place of birth.

 

My british Naturalization certifiacate also has place of birth. My british passport also has place of birth mentioned.

 

Our marriage is 6 years old. We have an approved K1 fiance petition in 2015 (same partner). We just never pursued GC route, and lived in the UK

 

What I do not understand is why they need this, They never asked for this during K1 petition, I submitted Pakistani passport copy during K1 finace petion in 2015

 

British citizenship gives us secondary evidence options i.e. Pakistani passport which states place of birth.

My british passport also have place of birth 

 

Not sure why you need this

 

So there is no way any secondary document can be used?

 

Unfortunately, you will have to abide by US rules. You will have to do as they ask or risk not immigrating. 

I am not sure, but that K-1 is dead and furthermore, you are married. So the correct application is IR-1.

And your profile says you applied for AOS...AOS applies if you are in US, which you are not. 

[Onelife786 54]

4 minutes ago, Timona said:

 

Unfortunately, you will have to abide by US rules. You will have to do as they ask or risk not immigrating. 

I am not sure, but that K-1 is dead and furthermore, you are married. So the correct application is IR-1.

And your profile says you applied for AOS...AOS applies if you are in US, which you are not. 

I am in the US. It is a inside application

[Timona 4,207]

1 minute ago, Onelife786 said:

I am in the US. It is a inside application

 

Aaaaa much clear now. I thought you were in Britain.

Contact your Pakistani Consulate. They will give you a certified document. Problem solved. Do not stress yourself, trying to go head and toes with USCIS.

 

[Onelife786 54]

1 minute ago, Timona said:

 

Aaaaa much clear now. I thought you were in Britain.

Contact your Pakistani Consulate. They will give you a certified document. Problem solved. Do not stress yourself, trying to go head and toes with USCIS.

 

ok

 

Many thanks for kind advice

[Wuozopo 4,293]

1 hour ago, Onelife786 said:

What I do not understand is why they need this, They never asked for this during K1 petition, I submitted Pakistani passport copy during K1 finace petion in 2015

The K1 petition does not require your birth certificate, nor does the I-130 petition. Did you make it to the K1 visa interview? I can assure you that your birth certificate was a requirement at a K1 interview.  It is also required for the I-485 adjustment of status form you are now filing. 

 

1 hour ago, Onelife786 said:

When I applied for british citizenship, british consulate gives you option to provide secondary/alternative evidence option such as Pakistani ID which shows proof of place of birth.

That was the British government. You are now dealing with the US government. Different rules. Different immigration laws.

 

44 minutes ago, Timona said:

So there is no way any secondary document can be used?

Yes, secondary evidence examples are given by the embassy

“If your birth certificate is unavailable you should obtain a certified statement from the appropriate government authority stating the reason why the record is not available. With the certified statement you must obtain secondary evidence. For example:

• An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parent’s names, and the mother’s maiden name.
• An adoption decree for an adopted child; or
• A baptismal certificate that contains the date and place of birth and both parent’s names providing the baptism took place shortly after birth.”

And in the I-485 instructions

“When your birth certificate is not available or does not exist, you must submit other acceptable evidence relating to the facts of your birth, such as church or school records, hospital or medical records, personal affidavits, or similar evidence.”

 

And in your RFE

 

[powerpuff 6,700]

Just a note on the availability of birth certificates. From USCIS Policy Manual on Birth Certificates:

 

”Officers should check the Department of State's Country Reciprocity Schedule to determine availability of birth certificates as well as acceptable secondary evidence of birth for specific countries.”

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-4

 

USCIS officers will go by the Reciprocity Schedule and if it says “Available” in the birth certificate section, they will be expecting it from you. And if you go to the Pakistan section there, it does say that birth certificates are available. So I’m afraid your reason for not having it won’t fly with USCIS. That’s just my take of this. “Not Available” for a country is very rare. One of these is Somalia which is expected as it’s a failed state amidst a civil war with an almost non functioning government. Hence on its reciprocity schedule it states that birth certificates are unavailable and they outline what is acceptable secondary evidence. This is not the case for Pakistan.

 

To add, birth certificates are absolutely required for the K1 interview (not the petition stage).

Edited January 29, 2022 by powerpuff