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CBP kept my husband's birth certificate and now CIS has lost it!

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At the POE, the CBP officer told my then-fiance that it was standard practice for CBP to keep K-1 arrivals' birth certificates and forward them on to CIS. Now we have an RFE because his birth certificate is "missing".

My husband called the NBC and had an infopass appointment at our local office. In both cases, one agent said that CBP would never do that and then another confirmed that it is normal practice but they don't have his birth certificate.

We've already received and sent off a certified copy, but I'm curious whether others have had this experience? Why would anyone think that these two agencies are capable of coordinating such a critical document transfer?!

Thanks.

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I have never heard of them asking for BC at K1 arrival at POE.

I do know for sure they don't know immigration policy or customs, I flew into POE with my wife, they told us to go to our local Dallas Office and file for AOS in person there.

Edited by VOL

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2 government agencies actually working together? Wishful thinking!

CBP never sent, or lost, my wife's packet that was presented at POE, OR USCIS lost it. A mystery that CBP says was sent to USCIS and USCIS saying never received due to CBP never sending. I understand your frustration!

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I don't even know how a separate birth certificate is part of POE. You give them an envelope of files and a passport. They hand back the passport and send your envelope to USCIS. Where did the birth certificate come up? Did he have it with him in his carry-on? My husband had no birth certificate on him at POE.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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I entered through Philadelphia, and just handed him "the envelope" and my passport. He said "ahh, my second

one today, great!", did some stuff, put everything in a red folder, and sent me to Secondary to have it "done".

No questions about anything, let alone BC :)

(yes, I had my entire file, AND all originals, in my carry-on backpack, just in case)


SEP-1994 First met! 12-16-14 POE PHILADELPHIA

05-25-14 Engaged (what took us so looooong!!!?) 12-19-14 MARRIAGE (SIMPLE)

06-19-14 I-129F packet sent to Lewisville Lockbox (USPS overnight) 01-05-15 I-485 (AOS/EAD/AP) package mailed out

06-20-14 USPS messed up, and had to re-route! 01-12-15 NOA text/email received for AOS/EAD/AP

06-23-14 I-129F packet received at Lockbox 02-03-15 Biometrics (Indianapolis)

06-23-14 NOA1 Notice Date (routed to CSC, yay!) 04-07-15 EAD and AP approved, card ordered

06-25-14 NOA1 text/email received 04-14-15 EAD/AP Combo Card received by certified mail.

06-26-14 Check Cashed 06-15-15 Received letter about interview waiver. 6mo to go!

06-27-14 Alien Registration Number changed 08-06-15 Welcome Notice mailed, permanent status registered.

06-30-14 NOA1 hardcopy received 08-14-15 Green Card mailed to me.

09-24-14 NOA2 text/email received *APPROVED* 08-18-15 Green Card (which is green!) in hand!!

09-28-14 NOA2 hardcopy received

10-15-14 NVC received 05-17-17 Time to start ROC !

10-16-14 NVC case number assigned

10-21-14 NVC left (to Amsterdam Consulate)

10-23-14 Consulate Received

10-25-14 PACKET-3 Received (regular mail)

10-25-14 Online DS-160 submitted **** I am the Beneficiary (Fred) ****

10-27-14 Sent reply to Consulate (arrives 10-28)

10-29-14 Touched *** If you have questions about the K-1 journey coming

11-01-14 PACKET-4 Received (regular mail) *** from The Netherlands, send me a message !

11-26-14 MEDICAL *PASSED*

12-04-14 INTERVIEW *APPROVED*

12-06-14 Touched (Administrative Processing)

12-08-14 Touched (Ready)

12-09-14 Touched (Issued)

12-10-14 Received email that package was sent off

12-11-14 VISA IN HAND

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CBP took his entire envelope and seem to have lost the whole thing!

The only part that has been a problem is the birth certificate as we had many extra copies of the other documents.

There seems to be some misunderstanding here. Your timeline and post make it sound like CBP sent your husband's birth certificate all by itself off to USCIS. Your husband should have been given back his original birth certificate at his interview in London. The original would not even be in the white envelope. It would be in his possession. The CBP would send the entire envelope off to USCIS. That is the procedure.

When you filed AOS, one of the required documents is a photocopy of his birth certificate. The USCIS does not rummage through your old files to find a previously submitted birth certificate. AOS is a new process and they require a full set of documents, even if it is something you have used in a previous process. If you got a request for initial evidence for documents, it was likely because you were supposed to send them with the application and and didn't. There is a new G-325A for example, even though you did one for the petition. The old one wouldn't be sufficient anyway. Tax returns and employer letters are repeats. Do you think that is what happened? Did you forget to put a photocopy of the birth certificate in your AOS application?

There are times when CBP sends the envelope off to the National Records Center and when they go to fetch it, it isn't located. Likely misfiled or somebody not trying hard enough, or the contractors who received your AOS didn't order it. If it is indeed lost, then the consequence is your medical report is lost and you will have to have another full medical by a Civil Surgeon before you can be approved. There is no reason why they don't have his birth certificate unless you didn't put it in your AOS application. That has nothing to do with CBP.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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