Birth certificate mandatory? (split)

[lovinglive 24]

3 hours ago, Timona said:

Yes BC is mandatory for you, no exception. 

I am facing a similar I-485 application for my fiancee.  When is the birth certificate mandatory and when is it not?

 

Are there any restrictions on the type of translation that is needed?

[Timona 4,207]

29 minutes ago, lovinglive said:

I am facing a similar I-485 application for my fiancee.  When is the birth certificate mandatory and when is it not?

 

Are there any restrictions on the type of translation that is needed?

 

Always mandatory 

[Chancy 6,241]

25 minutes ago, lovinglive said:

When is the birth certificate mandatory and when is it not?

 

Only refugees, asylees, and elderly applicants whose countries did not maintain records at the time of their birth are exempted from the requirement for birth certificate.  All other AOS applicants must submit a birth certificate.

 

[Verrou 1,962]

38 minutes ago, lovinglive said:

I am facing a similar I-485 application for my fiancee.  When is the birth certificate mandatory and when is it not?

 

Are there any restrictions on the type of translation that is needed?

definitely mandatory. what kind of restriction? 

if the birth certificate is not in english, u have to provide both in native language + translation in english

[lovinglive 24]

1 hour ago, Misscloud said:

definitely mandatory. what kind of restriction? 

if the birth certificate is not in english, u have to provide both in native language + translation in english

Thank you for all your help.  So I am wondering, does the translation have to be from a specific type of translation agency?  I have seen some translations before referred to as "official", although I don't really know what that means.

 

Is any translation agency sufficient, or could we even do our own?

[Verrou 1,962]

57 minutes ago, lovinglive said:

Thank you for all your help.  So I am wondering, does the translation have to be from a specific type of translation agency?  I have seen some translations before referred to as "official", although I don't really know what that means.

 

Is any translation agency sufficient, or could we even do our own?

no...there's no specific translation agency

u can do it urself if u want but u have to write a letter to state that u are fluent in both language to do the translation

[Ontarkie 14,227]

~~Hijack post and related replies split off to their own thread. Please do not post questions for your own case in other member's threads.~~

[lovinglive 24]

7 hours ago, Misscloud said:

no...there's no specific translation agency

u can do it urself if u want but u have to write a letter to state that u are fluent in both language to do the translation

Thanks Miss Cloud.

[lovinglive 24]

We now have another problem related to the birth certificate.  There is some incorrect information on the birth certificate.  It's not related to my wife, it's related to her parents.  One of the names is wrong and the DOBs are wrong.

 

It may take a long time to get a corrected birth certificate.  Will USCIS care about this?  Is there any way to resolve the problem by, for example, a sworn statement about the correct info?

[Redro 4,611]

On 6/25/2022 at 6:45 AM, lovinglive said:

We now have another problem related to the birth certificate.  There is some incorrect information on the birth certificate.  It's not related to my wife, it's related to her parents.  One of the names is wrong and the DOBs are wrong.

 

It may take a long time to get a corrected birth certificate.  Will USCIS care about this?  Is there any way to resolve the problem by, for example, a sworn statement about the correct info?

From my understanding: If you send in a birth certificate that is rejected USCIS will send an RFE for the correct birth certificate. I believe they'll give you 60 days or so to submit the requested document. 

If your re-submission is rejected you will have to file another AOS package. 

USCIS also has a list on their website of evidence you can submit if a birth certificate is unavailable. But, you do have a birth certificate so the alternative evidence isn't really relevant to your case. Get the birth certificate corrected and send it in when they request the RFE. 

 

As always, if you tell us the birth country of your wife a member on this forum might be able to tell you how to expedite the process to obtain a corrected birth certificate. 

 

[lovinglive 24]

13 hours ago, ROK2USA said:

From my understanding: If you send in a birth certificate that is rejected USCIS will send an RFE for the correct birth certificate. I believe they'll give you 60 days or so to submit the requested document. 

If your re-submission is rejected you will have to file another AOS package. 

USCIS also has a list on their website of evidence you can submit if a birth certificate is unavailable. But, you do have a birth certificate so the alternative evidence isn't really relevant to your case. Get the birth certificate corrected and send it in when they request the RFE. 

 

As always, if you tell us the birth country of your wife a member on this forum might be able to tell you how to expedite the process to obtain a corrected birth certificate. 

 

Thanks for your reply.  I panicked when I realized what happened with the birth certificate.  I now think that USCIS may just totally ignore it because the actual purpose of the birth certificate is to establish the applicant's nationality and it's not related to their parent's information.

 

But an RFE would be OK assuming we can get a correction in time.  We are starting the process of getting a correction.

 

I also saw the info about when a BC is not available and also looked up the State Department website that they refer to.  But agree that it's not relevant in this case since my spouse has a birth certificate.

 

As always, if you tell us the birth country of your wife a member on this forum might be able to tell you how to expedite the process to obtain a corrected birth certificate. 

 

Between my spouse and I, we are well positioned to get a replacement, and there are other country-specific sources to find out. 

 

Thanks for answering as you were the only one that responded!

Edited June 26, 2022 by lovinglive

[Redro 4,611]

4 minutes ago, lovinglive said:

Thanks for your reply.  I panicked when I realized what happened with the birth certificate.  I now think that USCIS may just totally ignore it because the actual purpose of the birth certificate is to establish the applicant's nationality and it's not related to their parent's information.- If you partner ever wants to sponsor her parents the birth certificate information DOES matter... and of course the form she fills out detailing her parents information should match the BC... if they don't questions will be raised about your partner's identity. You should get that information squared away. I personally would not file the AOS until you have corrected the BC.... I'm fairly risk averse though... so my advice would be for your partner to return to her home country and have you go through consular processing as the BC is only needed at NVC stage not immediately... But of course you have the right to apply for adjustment as that suits your family situation. 

 

But an RFE would be OK assuming we can get a correction in time.  We are starting the process of getting a correction.

 

I also saw the info about when a BC is not available and also looked up the State Department website that they refer to.  But agree that it's not relevant in this case since my spouse has a birth certificate.

 

As always, if you tell us the birth country of your wife a member on this forum might be able to tell you how to expedite the process to obtain a corrected birth certificate. 

 

Between my spouse and I, we are well positioned to get a replacement, and there are other country-specific sources to find out.  

Thanks for answering as you were the only one that responded!

 

Edited June 26, 2022 by ROK2USA

[lovinglive 24]

3 minutes ago, ROK2USA said:

 

Hi, thanks, that's a good analysis.   From my view the most important thing is that you are honest on the forms.  So when filling out the forms we will use the correct info according to parents' national IDs, passports, etc. 

 

Then I will attach a letter or note explaining why the info on the BC is incorrect.

 

In the meantime we are trying to get a correction.  I'm not sure how much experience you have with foreign governments, but in many countries there are issues with corruption, administrative delays, bureaucracy, and just being arbitrary and making up rules on the spot.

 

Due to these things, it's difficult to predict what may happen when we try to get a corrected version of the birth certificate. 

[Redro 4,611]

Just now, lovinglive said:

Hi, thanks, that's a good analysis.   From my view the most important thing is that you are honest on the forms.  So when filling out the forms we will use the correct info according to parents' national IDs, passports, etc. 

 

Then I will attach a letter or note explaining why the info on the BC is incorrect.

 

In the meantime we are trying to get a correction.  I'm not sure how much experience you have with foreign governments, but in many countries there are issues with corruption, administrative delays, bureaucracy, and just being arbitrary and making up rules on the spot.

 

Due to these things, it's difficult to predict what may happen when we try to get a corrected version of the birth certificate. 

Getting a new passport from my government took 8+ months... some of my compatriots waited over a year...

Birth certificate also took about 10 months... I would never attempt an adjustment... even during the pandemic when our borders closed. 😅 

[lovinglive 24]

1 hour ago, ROK2USA said:

Getting a new passport from my government took 8+ months... some of my compatriots waited over a year...

Birth certificate also took about 10 months... I would never attempt an adjustment... even during the pandemic when our borders closed. 😅 

It took 8 months and 10 months from the US government - or is this Korea?

 

Anyway, I am still optimistic that this birth certificate can be corrected quickly.