K1-AOS-RFE-problem in calling USCIS

[leapoffaith 0]

Hi All

I have got two RFEs (together) against my AOS application. It has been mentioned in the RFE to contact 1-800-375-5283 for further assistance etc.

I tried sooooo many times but dont seem to get the option to talk to a real person - only voice automation there ?

Anybody knows how to get hold of somebody on that number ?

thanks

[John24689 0]

Someone has posted to call the 800# and then take options 1, 2, then 3.

When I call, I select the option of not knowing the case number and go from one option to another and finally get to talk to someone. It can be very frustrating.

Try again and good luck.

[Otto 83]

Perhaps we can help. What did the RFE(s) say exactly?

[leapoffaith 0]

RFE # 1 : its about my wife (sponsor) annual income. Its well above poverty line but they did not understand that. She is a native american but she lived in India for a couple of years, so she does not pay tax here ( I dont understand it v well) The RFE asks about pay stubs for six months and letter from the employer. We have that.

RFE # 2 : its about my birth certificate. here the problem lies. I provided my school leaving cert. with DOB and my fathers sworn statement in the court of first class magistrate. But, the RFE needs :

The RFE just states to check page 3 of I-485 pertaining to birth certificate which finally led to me to this resource :

(2) Submitting secondary evidence and affidavits —(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.

(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.

This is a big problem. Long back, people did not keep immaculate records and all my life my school cert. was good for any DOB reference.

Yesterday, I tried so many times to call and today my wife did but we are not getting anywhere. Wanted to ask them if we could provide any further sworn statements that no record exist or something like that Its been two weeks now

[Bobby+Umit 161]

The first one, it appears they want current information, so provide what they requested.

The second one RFI, you only supplied one affidavit (your fathers), the instructions say two or more.

So you will need a second affidavit from someone that has direct personal knowledge of the event and circumstances (like your mom or doctor that delivered you)

Edited March 19, 2009 by Bobby_Umit

[BobGie 0]

Hi All

I have got two RFEs (together) against my AOS application. It has been mentioned in the RFE to contact 1-800-375-5283 for further assistance etc.

I tried sooooo many times but dont seem to get the option to talk to a real person - only voice automation there ?

Anybody knows how to get hold of somebody on that number ?

thanks

Hi, try this option... press 1 then press 8. This is about inquiry or you want to ask information about a case that has been filed. This will direct you to a real person. I called yesterday and spoke to a USCIS customer service.

Have a good day.

[leapoffaith 0]

Someone has posted to call the 800# and then take options 1, 2, then 3.

When I call, I select the option of not knowing the case number and go from one option to another and finally get to talk to someone. It can be very frustrating.

Try again and good luck.

My wife called and it did work but with no real info. The clerk did not know anything so no help.

hey Bobby_Umit

Do you think I need to provide JUST ONE MORE sworn statement detailing my DOB ?

Then I dont need that statement about unavailability of the birth document from any govt. authority ?

That would be nice.

[Bobby+Umit 161]

Someone has posted to call the 800# and then take options 1, 2, then 3.

When I call, I select the option of not knowing the case number and go from one option to another and finally get to talk to someone. It can be very frustrating.

Try again and good luck.

My wife called and it did work but with no real info. The clerk did not know anything so no help.

hey Bobby_Umit

Do you think I need to provide JUST ONE MORE sworn statement detailing my DOB ?

Then I dont need that statement about unavailability of the birth document from any govt. authority ?

That would be nice.

The guidance you posted says

If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances

That is the way I read it. I do remember coming across a case similar to this, can't remember where though.

You will also have to show why you can't get the required document. (usually a statement from a government agency saying why will suffice)

[leapoffaith 0]

This is real crazy. In my country, passport is considered to be the ultimate documentary evidence. And they have all my details.

well, thats the way it has to be though.

[Lonelysoul80 2]

Hmmm i know what needs to be done for the birthcirtificate if you are from India

Ask one of your parent to walk into the Corporation office in your city

They will have to fill out a lengthy form, your parent will have to pay the form fees and write a detailed letter on wht they are requesting in the state language [ they will be guys outside the office who will do this for 50 - 100 rupees]

Submit the form and after 15 days collect the birth cirtificate [ if u pay the official or the guys outside they will do it quicker am told]

The city will have records of your birth [ my mom is 57 and she thought it wasnt recorded but she applied for one along with mine which had my name spelt wrong and she got one]

I hope this helps, i know its time consuming but you have the legal document.

[leapoffaith 0]

I know that route and you are right. But, its awfully time consuming and I already wasted time by not doing it.

thanks for the input.