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montgomery

Filing for AOS without birth certificate

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Here is the back story.......Wife came here on a K1 visa from Peru. She had a birth certificate, original and copies. My wife gave the original to the folks at the embassy in Peru that interviewed her because they requested a copy of it and the copies she had were eaten by her pet kitten. She was left with no birth certificate or copy. She made no effort to get a new birth certificate while in Peru. She kept this information from me until now because she did not want to upset me. Foolish and irresponsible on her part, but enough about that.

 

I am now ready to send off the AOS application, but come to find out the birth certificate is missing. The medical  part of the application is set to expire in about a month so I am in a bit of a hurry to get the application on it's way.

 

We have a friend in Peru that is willing to go to the municipal in the town where she was born to get her birth certificate then scan and e-mail it to us, then mail us the original, but there is no guarantee they will give it to him. Worst case scenario is that they don't. She is not in the Peruvian "Reniec" system (vending machines that dispense birth certificates, marriage licenses etc.).

 

In the event that they do not give out friend the birth certificate, what is my best plan of action here considering that I need / want to get the application out the door no later than 4 weeks from now?

 

Affidaivits plus an explanation instead of a birth certificate?

 

Thank you and good day :)

Edited by montgomery

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8 minutes ago, montgomery said:

Here is the back story.......Wife came here on a K1 visa from Peru. She had a birth certificate, original and copies. My wife gave the original to the folks at the embassy in Peru that interviewed her because they requested a copy of it and the copies she had were eaten by her pet kitten. She was left with no birth certificate or copy. She made no effort to get a new birth certificate while in Peru. She kept this information from me until now because she did not want to upset me. Foolish and irresponsible on her part, but enough about that.

 

I am now ready to send off the AOS application, but come to find out the birth certificate is missing. The medical  part of the application is set to expire in about a month so I am in a bit of a hurry to get the application on it's way.

 

We have a friend in Peru that is willing to go to the municipal in the town where she was born to get her birth certificate then scan and e-mail it to us, then mail us the original, but there is no guarantee they will give it to him. Worst case scenario is that they don't. She is not in the Peruvian "Reniec" system (vending machines that dispense birth certificates, marriage licenses etc.).

 

In the event that they do not give out friend the birth certificate, what is my best plan of action here considering that I need / want to get the application out the door no later than 4 weeks from now?

 

Affidaivits plus an explanation instead of a birth certificate?

 

Thank you and good day :)

In any case, I think you will be given an RFE asking for the birth certificate. You can include an affidavit of loss and an explanation of what happened but I think that would not be enough for USCIS. Because if you were able to produce one for the K1 application, you should be able to have one for the AOS application.

 

If the medical report is expiring soon, it would be best to include a form I-693 (which is signed by a civil surgeon). The medical report should still be valid I think by the time of interview and I don't think you will be able to have the interview within a month of submission.

 

If I were you, I would wait for the birth certificate from the municipal office. Is there no online service where you can request for the birth certificate and have it mailed in your US address?

Edited by audacieux89

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She will absolutely need her birth certificate. Hopefully it's a part of the package she dropped off at the POE, however, they will likely request another one. They will either issue an RFE where they ask you to send it in to complete the case, or they will ask you to bring it to the interview. 

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When I say affidavit I am referring to family that have first hand knowledge of her birth and them signing a notarized form. It was my understanding that this in some cases can be a suitable substitute for a birth certificate.

 

I 693 is said and done.

 

The vaccinations given to her at her medical appointment in peru before her K1 interview are set to expire soon and I don't want to have to pay to do all of THAT over again. This is what I am referring to when I say the medical is set to expire.

Edited by montgomery

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6 minutes ago, audacieux89 said:

The medical report should still be valid I think by the time of interview and I don't think you will be able to have the interview within a month of submission.

A K1 medical from overseas is valid until a decision is made on the i485 as long as it is submitted for the AOS within a year of being performed.

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7 minutes ago, montgomery said:

The vaccinations given to her at her medical appointment in peru before her K1 interview are set to expire soon and I don't want to have to pay to do all of THAT over again. This is what I am referring to when I say the medical is set to expire.

Did she have her medical almost a year ago?

 

7 minutes ago, Suss&Camm said:

A K1 medical from overseas is valid until a decision is made on the i485 as long as it is submitted for the AOS within a year of being performed.

So if OP submits AOS application before medical expires, and without birth certificate then would that be better than waiting to have the birth certificate on hand? Because I am almost 100% that OP will receive RFE for not including the birth certificate in the application.

 

@montgomery can try considering these options.

Edited by audacieux89

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Just now, audacieux89 said:

Did she have her medical almost a year ago?

Yes, almost a year ago.

 

If I send the aos after the 1 year mark, I have to pay for all of the vaccinations to be done again.....spendy. Trying to avoid that.

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1 minute ago, audacieux89 said:

Did she have her medical almost a year ago?

 

So if OP submits AOS application before medical expires, and without birth certificate then would that be better than waiting to have the birth certificate on hand? Because I am almost 100% that OP will receive RFE for not including the birth certificate in the application.

Yes, it might be, and yes they will definitely get an rfe for the bc.

 

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Just now, montgomery said:

Yes, almost a year ago.

 

If I send the aos after the 1 year mark, I have to pay for all of the vaccinations to be done again.....spendy. Trying to avoid that.

Yes the medical report will be expired after the 1 year mark and will need to have it done all over again to include in the AOS application. 

 

I believe if applicant has vaccination record of all the shots she already has, maybe the civil surgeon will consider that and not have everything done again? Try looking at previous posts with a similar case to yours. :)

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1 minute ago, montgomery said:

Yes, almost a year ago.

 

If I send the aos after the 1 year mark, I have to pay for all of the vaccinations to be done again.....spendy. Trying to avoid that.

Vaccinations don't need to be redone unlessit's one that's up for a booster. You still have the evidence of the vaccines being done.  You'd need the new medical, including the transcription of the vaccines onto it.

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21 hours ago, montgomery said:

Here is the back story.......Wife came here on a K1 visa from Peru. She had a birth certificate, original and copies. My wife gave the original to the folks at the embassy in Peru that interviewed her because they requested a copy of it and the copies she had were eaten by her pet kitten. She was left with no birth certificate or copy. She made no effort to get a new birth certificate while in Peru. She kept this information from me until now because she did not want to upset me. Foolish and irresponsible on her part, but enough about that.

 

I am now ready to send off the AOS application, but come to find out the birth certificate is missing. The medical  part of the application is set to expire in about a month so I am in a bit of a hurry to get the application on it's way.

 

We have a friend in Peru that is willing to go to the municipal in the town where she was born to get her birth certificate then scan and e-mail it to us, then mail us the original, but there is no guarantee they will give it to him. Worst case scenario is that they don't. She is not in the Peruvian "Reniec" system (vending machines that dispense birth certificates, marriage licenses etc.).

 

In the event that they do not give out friend the birth certificate, what is my best plan of action here considering that I need / want to get the application out the door no later than 4 weeks from now?

 

Affidaivits plus an explanation instead of a birth certificate?

 

Thank you and good day :)

the other option would be to hire a lawyer in Peru that can obtain the birth certificate in your wife's name.

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