problem with birth certificate

[leapoffaith 0]

Hi All

I have files for AOS on K1 visa. Got RFE for birth certificate proof. I had sent a copy of my class 10th certificate which has my DOB.

Secondly, a sworn copy of my birth certified by first class magistrate. I dont have a birth certificate from the municipality/hospital though.

The RFE just states to check page 3 of I-485 pertaining to birth certificate which finally led to me to this resource :

(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 USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.

What am I missing here ? Do I need to get a statement on letterhead from backhome that the birth record does not exist ? This would be too cumbersome

Any help or insight what I should do and easiest to do ?

[Bobby+Umit 161]

Hi All

I have files for AOS on K1 visa. Got RFE for birth certificate proof. I had sent a copy of my class 10th certificate which has my DOB.

Secondly, a sworn copy of my birth certified by first class magistrate. I dont have a birth certificate from the municipality/hospital though.

The RFE just states to check page 3 of I-485 pertaining to birth certificate which finally led to me to this resource :

(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 USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.

What am I missing here ? Do I need to get a statement on letterhead from backhome that the birth record does not exist ? This would be too cumbersome

Any help or insight what I should do and easiest to do ?

In a nut shell, yes. The way I read it, they want "two" sworn statements. You only provided one.