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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > The Foreign Embassy and Consulate General Discussion

Sacha
I started out terribly with forgetting my interview letter, luckily my brother and fiance managed to work together to get the letter scanned and emailed to me.

Getting to and waiting for the interview was the easy part. There were two stages to the interview, the first was the checking of all documents to ensure that they were all present. This was done by one Consular. She went through all me details and was happy with my paperwork including the Affidavit in place of my Birth Certificate, which I had stated that I was born at home and was never registered.

Then I waited for the second part of the interview where another Consulor asked questions about my fiance and I. Everything went well and he ticked, clicked and nodded with everything. Until he presented my Affidavit asking why I do not have a birth certificate, to which I explained (as above). He noticed that the Affidavit was notorised in Vietnam which I had told him truthfully that my mother is on holiday there. He then asked me to tell her to contact the birth registry office in Vietnam to get proof that I was not registered!

I thought to myself, wtf?! I said to him, why would you need this? I do not understand. On the IV15 form it says that an affidavit was good enough if I do not have a birth certifiate. He said, he still needs to be sure that I do not have a BC. I asked him what happens if the staff at the Registry office is uncooperative and refuses to do the confirmation letter??

He simply said, try your best. Then added, I will contact the US Embassy in Vietnam for advise.

I mean, wtf?? Is he a moron??? How can I request something that I do not have/own?

On the IV15 Instructions leaflet, it states the following:

BIRTH CERTFICATES: A person born in India or Pakistan must present the registration certificate of the birth was registered. If it was not registered, either in the locality, or, if a Christian, in church, sworn affidavits may be submitted. Such an affidavit must be executed by the mother before an official authorized to take oaths (i.e. a migistrate, commissioner of oaths, justice of the peace or the like). If the mother is deceased the father may swear to the affadavit. The affidavit should indicate: 1) the applicant's birth was not registered; 2) the full maiden name of the mother of the applicant; 3) the full name of the father of the applicant; 4) the date of the applicant's birth; 5) the place of the applicant's birth. If neither parent is alive, the next closest relative, who was old enough and of such relationship as to have personal knowledge of the birth at the time and place it occurred, may execute the affidavit.

Do you think I should email the Consular, re-iterating the above and request that they re-look into my case? Or should I just grind it and ask my mother to contact the Registry office for a confirmation letter?

My fiance is coming over on 24th December and leaves 6th January 07. I was really hoping to go back with him and prepare for our wedding on 10th February.

I'm so stressed out.

Thanks
Sacha
Bruce n Jen
Talk about idiotic bureaucracy! Governmental bodies sure do make more out of a birth certificate than it warrants.
isleta521
So sorry to hear. To me it sounds like your close. Dont know what to tell you. You mentioned that the adjudicator was going to seek advice from the US Embassy there so perhaps he will see the light of day. ITMT try to get something from the registry office stating there is no BC in your name listed asap.

Good luck.
Sacha
I have just typed this emailed up, do you think I should send?

Dear Whom It May Concern,

I attended my K1-Visa interview and was extremely frustrated with the recent request for "Proof of non-existence of birth certifcate".

As I have mentioned to the Case Worker, I was born at home in Vietname and my mother had never registered my birth. And therefore she had written the Affidavit to confirm this.

I have epxlained to the Case Worker that the IV15 Instructions leaflet states the following:

BIRTH CERTFICATES: A person born in India or Pakistan must present the registration certificate of the birth was registered. If it was not registered, either in the locality, or, if a Christian, in church, sworn affidavits may be submitted. Such an affidavit must be executed by the mother before an official authorized to take oaths (i.e. a migistrate, commissioner of oaths, justice of the peace or the like). If the mother is deceased the father may swear to the affadavit. The affidavit should indicate: 1) the applicant's birth was not registered; 2) the full maiden name of the mother of the applicant; 3) the full name of the father of the applicant; 4) the date of the applicant's birth; 5) the place of the applicant's birth. If neither parent is alive, the next closest relative, who was old enough and of such relationship as to have personal knowledge of the birth at the time and place it occurred, may execute the affidavit.

I have followed your instruction and I do not understand why you are asking me to provide proof that I do not have a birth certificate. If this was crucial then WHY did you not ask for this piece of evidence BEFORE my interview so that I may have collected it before attending the interview.

I am very upset and frustrated that my fiance and I have applied for this visa since the first week of March 2006 and to date it is still NOT satisfied.

My flight has been scheduled for 6th January 2007 when fiance will leave England to go back home and I have planned to go with him. My wedding date is set for 10th February 2007 and now this might not happen!!!

I appreciate and understand the need for thoroughness in your reviews but it is very frustrating and above all very concerning that you are requesting information that you should have informed me of before attending the interview! Not only is this time consuming but also costly as I would have to pay for the translation. I fail to see why you would need this piece of evidence?!

I implore that you re-look into your decision as I have already asked the Consular (who had requested this piece of evidence) that in the situation where the staff at the Vietnamese Birth Registry Office is unco-operative and refuses to write a statement, what would I do? He simply asked me to "Try my very best!". That is not very comforting and neither is it constructive.

I fear that if I present this piece of evidence, what other pieces of evidence you require from me? The process has already taken ridiculously long and I am beginning to believe that the system is penalising people who are genuinely walking on the right side of the law.

Please can you contact me on the outcome of my case. My fiance and I have been apart for over nine months. I don't think anyone should be apart from their love ones for longer than an hour, I hope you would agree.

I would truly appreciate any assitance you can provide for me.


Thank you

******* (Beneficiary)
Sacha
Dear Whom It May Concern,

I attended my K1-Visa interview and was extremely frustrated with the recent request for "Proof of non-existence of birth certifcate".

As I have mentioned to the Case Worker, I was born at home in Vietname and my mother had never registered my birth. And therefore she had written the Affidavit to confirm this.

I have epxlained to the Case Worker that the IV15 Instructions leaflet states the following:

BIRTH CERTFICATES: A person born in India or Pakistan must present the registration certificate of the birth was registered. If it was not registered, either in the locality, or, if a Christian, in church, sworn affidavits may be submitted. Such an affidavit must be executed by the mother before an official authorized to take oaths (i.e. a migistrate, commissioner of oaths, justice of the peace or the like). If the mother is deceased the father may swear to the affadavit. The affidavit should indicate: 1) the applicant's birth was not registered; 2) the full maiden name of the mother of the applicant; 3) the full name of the father of the applicant; 4) the date of the applicant's birth; 5) the place of the applicant's birth. If neither parent is alive, the next closest relative, who was old enough and of such relationship as to have personal knowledge of the birth at the time and place it occurred, may execute the affidavit.

I have followed your instruction and I do not understand why you are asking me to provide proof that I do not have a birth certificate. If this was crucial then WHY was it not in the Instructions leaflet? WHY does it say in the IV15 Instructions that the Affidavit was good enough? WHY did you not ask for this piece of evidence BEFORE my interview so that I may have collected it before attending the interview.

I am very upset and frustrated that my fiance and I have applied for this visa since the first week of March 2006 and to date it is still NOT satisfied.

My flight has been scheduled for 6th January 2007 when fiance will leave England to go back home and I have planned to go with him. My wedding date is set for 10th February 2007 and now this might not happen!!!

I appreciate and understand the need for thoroughness in your reviews but it is very frustrating and above all very concerning that you are requesting information that you should have informed me of before attending the interview! Not only is this time consuming but also costly as I would have to pay for the translation. I fail to see why you would need this piece of evidence?!

I implore that you re-look into your decision as I have already asked the Consular (who had requested this piece of evidence) that in the situation where the staff at the Vietnamese Birth Registry Office is unco-operative and refuses to write a statement, what would I do? He simply asked me to "Try my very best!". That is not very comforting and neither is it constructive.

I fear that if I present this piece of evidence, what other pieces of evidence you require from me? The process has already taken ridiculously long and I am beginning to believe that the system is penalising people who are genuinely walking on the right side of the law.

Please can you contact me on the outcome of my case. My fiance and I have been apart for over nine months. I don't think anyone should be apart from their love ones for longer than an hour, I hope you would agree.

I would truly appreciate any assitance you can provide for me.

isleta521
Sacha,

First I understand your frustration and resentment. When Val had her interview it was cancled because of STUPIDITY partly because of USCIS and the NVC, and MOSTLY because of our Imm. Lawyer (a very long story) We were very upset, had tickets in hand and had a lot to lose but we kept our cool. In the end it was the consulates office that finally helped us and gave us a chance - even expedited our Visa so we could be on our flight on time.

I think it is a good idea to write a letter. But now you are rightly very upset. Respectfully I would tone it down somewhat, and you are also repeating yourself. I would remove the lines "I fail to see . . . " and "I fear . . ." among others IMO. Others may have better advice.

d
Sacha
Thank you. I will keep that in mind.
isleta521
Another thing Sacha,

Call the airline and see if you can reschedule your tickets to a later date and what is the latest you can reschedule. Perhaps there is no penalty to reschedule or just minor penalty. Have all of your options in hand for piece of mind. Good luck.
d
JanaknJanet
QUOTE(Sacha @ Dec 7 2006, 10:20 AM) *
I have epxlained to the Case Worker that the IV15 Instructions leaflet states the following:

BIRTH CERTFICATES: A person born in India or Pakistan must present the registration certificate of the birth was registered. If it was not registered, either in the locality, or, if a Christian, in church, sworn affidavits may be submitted[color="#FF0000"][/color]. Such an affidavit must be executed by the mother before an official authorized to take oaths (i.e. a migistrate, commissioner of oaths, justice of the peace or the like). If the mother is deceased the father may swear to the affadavit.


Sacha...
I dont know if this is a factor.. but it is showing one possible difference.. On the Instructions.. It specifies two Countries.. Pakistan and India... you were born in Vietnam... Is there any regulations that is for your country of birth?
It seems to me you are looking at directions for persons of a different country to provide proof of birth in countries where many times there is not a record of birth.
I am not meaning to say different countries different rules.. but .. from what I have learned here.. is.. every embassy has different requirements.. and thus .. Apples vs Oranges.. never are the same.. ..
I hope that your snag is simply a snag..
Sacha
QUOTE(JanaknJanet @ Dec 7 2006, 07:16 PM) *
QUOTE(Sacha @ Dec 7 2006, 10:20 AM) *
I have epxlained to the Case Worker that the IV15 Instructions leaflet states the following:

BIRTH CERTFICATES: A person born in India or Pakistan must present the registration certificate of the birth was registered. If it was not registered, either in the locality, or, if a Christian, in church, sworn affidavits may be submitted[color="#FF0000"][/color]. Such an affidavit must be executed by the mother before an official authorized to take oaths (i.e. a migistrate, commissioner of oaths, justice of the peace or the like). If the mother is deceased the father may swear to the affadavit.


Sacha...
I dont know if this is a factor.. but it is showing one possible difference.. On the Instructions.. It specifies two Countries.. Pakistan and India... you were born in Vietnam... Is there any regulations that is for your country of birth?
It seems to me you are looking at directions for persons of a different country to provide proof of birth in countries where many times there is not a record of birth.
I am not meaning to say different countries different rules.. but .. from what I have learned here.. is.. every embassy has different requirements.. and thus .. Apples vs Oranges.. never are the same.. ..
I hope that your snag is simply a snag..


Hi,

India and Pakistan were used as examples, I checked this with the Cosulate via email already. They even said, it's fine to get my dad to do the Affidavit.


Can anyone tell me, that when they request for more info. Would I need to be re-interviewed or do they review the info. then decline or approve the application? How do they inform you of this?
Sacha
QUOTE(isleta521 @ Dec 7 2006, 07:00 PM) *
Another thing Sacha,

Call the airline and see if you can reschedule your tickets to a later date and what is the latest you can reschedule. Perhaps there is no penalty to reschedule or just minor penalty. Have all of your options in hand for piece of mind. Good luck.
d

Hi isleta521,

Thank you for your reminders. I am much calmer now and am thinking straigher. Thanks for reminding me to keep my cool.
munchkins
So sorry to hear all this Sacha, I hope that things get sorted out really quickly for you both good.gif
declee
Don't send the letter.

You were not asked to present something that doesn't exist. The consular officer is asking for documentation that shows no record of birth. That isn't quite the same thing.

In effect, he would like to see a notorized letter explaining that "we do not have any record of birth for xxxx."
Jersey Girl
Sacha, with all due respect, I suggest you direct your energies into providing exactly what they they ask for. Forget the letter. Forget about India and Pakistan. Just concentrate on whatever documents are required at this stage, whether it's an interview letter or affidavit that there is no birth cert. This is an exercise where you need to follow instructions precisely regardless of what you may think. Best of luck.
TracyTN
This thread is over a month old.

Do we know what sasha did and/or if she received the visa?
Perseverance
Sacha,

My Finance does not have a birth certificate either and both his parents are deceased. He got an affidavit from the Lagos High Court stating who he is where he comes from his age all the important information. It also has the seal of the High Court on it. When we had our interview, birth certificate was not an issue. (We had other holds ups just not that) I dont know if that helps you, but it seems like a simular situation. Good Luck!!

Heather
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