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Yasi&Marti

Missing birth certificate for adjustment of status - now what?

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Has anyone here applied for AOS without a birth certificate? We just got married and have all the other papers ready to go, but we can't get the required birth certificate (my husband didn't make a copy of the birth certificate that he submitted for the K-1 - so yes, they have it already but this doesn't seem to matter). Here's what makes this even more tricky:

*He's Cuban and their "consulate" in Washington is useless - they don't return phone calls or emails.

*Also, he doesn't have any family members in Cuba anymore who can retrieve the document for him.

*We went to our USCIS office this morning and they basically said too bad, he should have made a copy; submit the papers and see what happens (thanks, jerks).

I realize his being from Cuba further complicates the situation, but any advice would be appreciated. Especially if you or someone you know has been through this. I would love to know the outcome, or if there any workarounds.

Thanks!

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It's a required document; you need it.

http://travel.state.gov/content/visas/english/fees/reciprocity-by-country/CU.html#birth-1

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Probably, if you can't get it.

If you file without it then you'll be RFE'd for it, and if you fail to respond to the RFE with it then the I-485 would be denied, and deportation would follow.

Perhaps a certified letter to the Cuban Interests Section in DC? They seem to be the only ones that can help you obtain it.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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you might have to make a trip to the consulate here in DC or see if you can hire someone to get it for you. I know there are lawyers in Cuba that might be able to order it for him and send it? I'm not sure all I know is the consulate here in DC does not answer phones or emails. Maybe you could try calling one of those agency's that works with them like Marazul. They always seem to get a hold of people there.

Did you not make a copy of the entire packet you sent for the original submission?


2nd go round

1st K-1 Denied

Subitted Feb 2-6-15

NOA1 - 2-18-15

NOA2 - 8-18-15

Interview 11-25-15 - Denied

And Here we go again -

New K1 submitted - 1-9-16

NOA1 - 1-12-16 (according to USCIS)

Text received 1-15-16

hardcopy - not received yet as of 1-26-16

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*** Thread moved from K-1 Process forum to the AOS/Family-Based main forum -- OP is past the K-1 stage. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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I really feel for you! May be cause I am in the same boat!

The thing I don't understand, one can be born any where and still be OK yet they ask for it? What? They need a document that proves that you are talking to them? Coz evidence of the birth certificate can not be a cause to stop anything?

Just ask for a passport and that's it! It's a proof of citizenship hence the laws of that country will apply. Which is very fine!

Now, I can't get married coz of it!!!

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I really feel for you! May be cause I am in the same boat!

The thing I don't understand, one can be born any where and still be OK yet they ask for it? What? They need a document that proves that you are talking to them? Coz evidence of the birth certificate can not be a cause to stop anything?

Just ask for a passport and that's it! It's a proof of citizenship hence the laws of that country will apply. Which is very fine!

Now, I can't get married coz of it!!!

Not to sound condescending, but the birth certificate should be the first thing one packs before leaving to a foreign country for the rest of their life.

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the i-485 instructions say to "submit a copy of your foreign birth certificate or other record of your birth that meets the provisions of secondary evidence found in Title 8, Code of Federal Regulations (CFR), 103.2 (b)(2)". Have you researched that federal code 103.2 (b)(2) to see what it says? It might be worth looking into.

My husband is also from Cuba. I read through the AOS documents prior to his arrival to the US and realized that he would need to bring some documents with him for the application. I'm glad I did - because I'm not sure he would have thought about this on his own. I hope you guys are able to figure something out!


K1 Visa

Texas Service Center

12.23.2013 I-129F Sent

01.02.2014 I-129F NOA1

07.07.2014 I-129F NOA2

09.24.2014 Interview

11.13.2014 Visa Issued

11.20.2014 POE Miami, Florida

11.23.2014 Civil Ceremony

AOS

01.12.2015 AOS package sent

01.16.2015 NOA1 (I-485, I-765, I-131)

02.06.2015 Case status change - RFE (I-485)

02.12.2015 Biometrics Appt

02.12.2015 Received I-485 RFE letter and sent requested info back to NBC

02.18.2015 Case status change - I-485 RFE information received by NBC

03.09.2015 EAD/AP Approved

03.16.2015 EAD/AP Card mailed

03.18.2015 EAD/AP Card Received

06.15.2015 I-485 Interview Waiver Letter received (dated 6.11.2015)

08.28.2015 I-485 Approved - Card in Production email received

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Here is the way you can communicate with Cuban Interest Section in DC. There are list of agents that can help you communicate with the consulate depends on which state you live. The consulat is not taking money directly since they have problem with bank because of the US embargo, but that will change soon. It took me months to figure all out because I needed to legalize some documents that I'm going to use in Cuba. Here is the link, click the state you live in and it will give you list of agents ( http://www.cubadiplomatica.cu/sicw/ES/ServiciosConsulares.aspx).I sent emails to the interest section so many times I got no respond or phone respond. My husband went to the ministry of foreign affair in Cuba and told our situation and they gave him the consulate email and finally the consulate responded back my husbands email. He is the one who gave us the link to use. The consulate email address is (consul5@sicuw.org) and his name (Hector Herrera Dominguez). Good luck!

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you might have to make a trip to the consulate here in DC or see if you can hire someone to get it for you. I know there are lawyers in Cuba that might be able to order it for him and send it? I'm not sure all I know is the consulate here in DC does not answer phones or emails. Maybe you could try calling one of those agency's that works with them like Marazul. They always seem to get a hold of people there.

Did you not make a copy of the entire packet you sent for the original submission?

I made a copy of everything I sent in, but he didn't make a copy of the sutff he submitted (it's not quite so easy to make copies there, and he just wasn't thinking, I guess). Anyway, thanks, everybody, for the helpful suggestions.

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Here is the way you can communicate with Cuban Interest Section in DC. There are list of agents that can help you communicate with the consulate depends on which state you live. The consulat is not taking money directly since they have problem with bank because of the US embargo, but that will change soon. It took me months to figure all out because I needed to legalize some documents that I'm going to use in Cuba. Here is the link, click the state you live in and it will give you list of agents ( http://www.cubadiplomatica.cu/sicw/ES/ServiciosConsulares.aspx).I sent emails to the interest section so many times I got no respond or phone respond. My husband went to the ministry of foreign affair in Cuba and told our situation and they gave him the consulate email and finally the consulate responded back my husbands email. He is the one who gave us the link to use. The consulate email address is (consul5@sicuw.org) and his name (Hector Herrera Dominguez). Good luck!

Thank you SO much! This is incredibly helpful and is really the first glimmer of hope I've seen lately.

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Thank you SO much! This is incredibly helpful and is really the first glimmer of hope I've seen lately.

Is your husband from Havana? I will be going there soon for my husband's interview, let me know if I can help you with anything while I'm in Havana.

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