IR2 visa for my adopted daughter got an RFE! How to respond?

[ZRomper 42]

So my I-130 for my adopted daughter finally got a reply from the National Benefits Center. I got an RFE asking for additional evidence for my child. I came to Belarus from United States in 2013 to live while helping my parents there. I married and adopted my wife’s daughter. I’ve been her dad for the past 8.5 years. She’s 15 now. I sent in all the required information to USCIS that was asked of me.

We left Belarus for Poland when Russia began the conflict with Ukraine. We cannot come back for the documents because of possible political prosecution of me and my wife. My father has the power of attorney in my name to get documents for me in Belarus.

 

In the RFE, I’m requested to send in her original birth certificate which was issued upon her birth before she got her new birth certificate after her adoption by me in 2015. So basically the birth certificate with her original birth parents’ names.
Unfortunately, in Belarus, they take away the original birth certificate upon adoption and replace it with a secondary birth certificate in my name and my wife’s. We do have a photocopy of the original birth certificate, but we're afraid to send it as evidence because it might be requested at the interview at NVC. So we'd rather go with getting an official letter from BY govt. Or would NVC accept such a copy?!

In this case, the RFE states I can submit:

Quote

 

If the beneficiary's original birth certificate is not available, you must submit:

1. An original written statement on government letterhead that establishes that the beneficiary's birth certificate is not available from the relevant government or other authority. The statement must indicate the reason the beneficiary's birth certificate does not exist, and indicate whether similar records for the time and place are available. See Title 8 Code of Federal Regulations, section 103.2(b)(2)(ii); and

2. Acceptable secondary evidence, such as church or school records listing the beneficiary's birth parents' names and the date of birth, hospital records of the adopted child’s birth, etc.

 

 

I can get an official document for the 1^st request. However for the 2^nd one asking for secondary evidence, we might have issues finding a church record or schools records with both of her birth parents’ names. It would usually just be my wife’s name and daughter’s. She divorced 1.5 years after marriage and the father signed away his parental rights. We have a medical record book with both her birth parents names, but the whole book is handwritten with a bunch of ink stamps (this was typical in Soviet countries and still is). Does this count? Same goes for her baptismal records. It has a signature, name and stamp of the priest.

 

Another item the RFE requests which has us worried is the they commonly ask for all sorts of affidavits. Could someone with experience or knowledge clarify what these can look like? From what I understand, I don’t need to have the notary public notarize these. Here’s an example of such a request from the letter:

An affidavit detailing the exact dates and locations where you physically resided under the same roof with the adopted child outside the U.S. before or after the adoption, together with corresponding evidence.

 

Can this be hand written or types? Do I just sign my name, address, etc.?

 

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Another interesting item in the RFE is that it mentions a bedsheet-long list of requests for evidence in case of the I-130 application going through as “Evidence that the child meets the definition of an Adopted Child under 101(b)(1)(E)”. However at the end of the letter they say the following:

Quote

Evidence of Stepfamily Relationship - It appears that your child may also qualify under the definition of a stepchild under INA 101(b)(1)(B). USCIS may approve the Form I-130 if the child meets either the definition of an adopted child or a stepchild. A stepparent-stepchild relationship depends on the marriage that created the family relationship. To demonstrate that you are the child’s stepparent, evidence you may submit includes: The child’s original birth certificate issued by the appropriate civil authority and showing that your spouse is the child’s biological parent.

So it seems like if we don’t satisfy their request for the child going through as adopter, they can “easily” qualify her as a stepchild with just her original birth certificate or letter required?!?!

 

 

Any useful information greatly appreciated!

Edited March 2, 2023 by ZRomper