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So I got an RFE yesterday, stating that I did not submit a birth certificate but instead submitted an extract attesting to the facts of the applicant's birth which is considered secondary evidence. In Switzerland we do not have this old piece of paper that we carry around with us that is a birth certificate, instead you go to the city administration and get a record of your birth if you need to.

The letter also reminded me that all foreign language documents have to be translated to English, but what I submitted already had English as one of the languages on it because it follows a European Standard (ICCS http://en.wikipedia.org/wiki/International...n_Civil_Status). I would assume that this should be enough?

My document looks exactly like this example I found on the internet: http://mumin.ch/example.pdf

I did not have this document appostilled. Am I right to assume that they want an apostille for that document? The translation is already there, and that is all that you get as far as birth certificate goes in Switzerland. My parents don't remember ever having a birth certificate for me.

Should I explain that in a letter when sending it all in? How else would I prove that this is all that I can offer?

Any advice appreciated :)

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Filed: Citizen (apr) Country: Germany
Timeline

Is it like the German international birth certificate? Mine was accepted without any hassle. Make an infopass appointment and bring another copy of the thing and show it, ask them exactly what they want then..

Edit: The German version isn't much different. They should accept your document. Go make an infopass to clear the confusion and send in the thing again.

Edited by Anna C.

AOS

8-4-2006 Date of NOA's

1-4-2007 Green Card in mail

Removal of conditions

9-29-2008 I-751 delivered to CSC

12-29-2008 Green Card ordered :)

Citizenship

10-15-2011 Package sent to NSC

10-17-2011 NOA Priority Date

11-25-2011 Biometrics done

11-29-2011 In line for interview scheduling... woohoo!

12-20-2011 Interview scheduled ...received letter 3 days later

01-24-2012 Interview & Oath

Done!

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So I got an RFE yesterday, stating that I did not submit a birth certificate but instead submitted an extract attesting to the facts of the applicant's birth which is considered secondary evidence. In Switzerland we do not have this old piece of paper that we carry around with us that is a birth certificate, instead you go to the city administration and get a record of your birth if you need to.

The letter also reminded me that all foreign language documents have to be translated to English, but what I submitted already had English as one of the languages on it because it follows a European Standard (ICCS http://en.wikipedia.org/wiki/International...n_Civil_Status). I would assume that this should be enough?

My document looks exactly like this example I found on the internet: http://mumin.ch/example.pdf

I did not have this document appostilled. Am I right to assume that they want an apostille for that document? The translation is already there, and that is all that you get as far as birth certificate goes in Switzerland. My parents don't remember ever having a birth certificate for me.

Should I explain that in a letter when sending it all in? How else would I prove that this is all that I can offer?

Any advice appreciated :)

Normally, you need two documents supporting your birth - not just one, if your using them instead of birth certificate. How many did you submit initially?

Doing the apostille is probably a good idea.

Unobtainable birth certificates

Please obtain a certified statement from the appropriate government authority stating the reason the applicant’s birth record is not available. With the certified statement the applicant must submit secondary evidence. For example:

A baptismal certificate that contains the date and place of birth, as well as both parents names (providing the baptism took place shortly after birth)

An adoption decree for an adopted child

An affidavit from a close relative, preferably the applicant’s mother, stating the date and place of birth, both parents names, and the mother’s maiden name.

Note: An affidavit must be executed before an official authorized to take oaths or affirmations. More specific information is available from the NVC.

Source: State.gov Documents

Edited by Bobby_Umit

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Oh - and your documents meet the criteria for translation - that reminder is just that, a reminder :energy:

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Thanks for the advice so far.

Bobby, the document I have IS my birth certificate. It is not secondary evidence. I think the letter they sent out is a form letter that they send out when it comes to a birth certificate RFE and it just covers it all. I kind of have the feeling that they simply lost my birth certificate.

I'll get a new birth certificate and get an apostille for it and make an info pass and then send it all in again.

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Filed: K-1 Visa Country: Germany
Timeline

Hi Manuela,

we sent in the international birth certificate for my husband and his kids. They were accepted without problems.

Yours looks similar to that the only difference is the title.

I don't think that is the reason for the RFE. I think they lost it.

Just send in a new copy!! Doesn't have to be an original. I doubt you need an apostille.

Sib

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  • 1 month later...

Some closure for this thread for those that are interested, I sent in a copy of an updated (date was from April 09) birth certificate with an apostille (just to be really sure), highlighted the English lines on the copy and mentioned that I'm changing my name to my husband's in case they were wondering why the birth certificate is not in the name they mentioned in the RFE letter and also supplied them with another copy of my marriage certificate. It was received on May 9th.

Whatever they were looking for, they seem to have found it and I got an email that a notice to welcome the new permanent resident was sent in the mail yesterday! :thumbs:

Thanks for the advice everyone!

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To kind of add to the thread...

We got an RFE during AOS for translated birth certificate too. In our initial package we included Karin's international birth certificate and still got an RFE (for translation no less).

We simply responded to the RFE with yet another copy of the (same) international birth certificate only this time I included a short memo reminding them that the document ins translated into MANY languages (including English).

PR/Green Card received not long afterward. Am not sure what the moral of the story is but apparently it's not uncommon to get an RFE for this.

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