RFE; Birth Cert missing. Gov't statement letter got RFE

[ding 1]

I filed an I-485 Adjustment of Status. We filed an official government document affirming her birth record and included a certified translation.

My wife, her mom, and the village chief went to the Amphur (County seat) and got a sworn government document.

Her mom brought her housebook (official family tree record). The Thai official gave a certificate of evidence affirming her birth record details as fact.

What should I do? This is all she has.

The RFE basically says; Applicants who cannot obtain a birth record should request a certified statement from the appropriate government authority stating the reason why the birth record is not available. Applicants may then submit this certified statement along with secondary evidence of their birth.

So should I have the Thai official state how the original was lost by her mom, and why they have no copy on file?

[Bobby+Umit 161]

I filed an I-485 Adjustment of Status. We filed an official government document affirming her birth record and included a certified translation.

My wife, her mom, and the village chief went to the Amphur (County seat) and got a sworn government document.

Her mom brought her housebook (official family tree record). The Thai official gave a certificate of evidence affirming her birth record details as fact.

What should I do? This is all she has.

The RFE basically says; Applicants who cannot obtain a birth record should request a certified statement from the appropriate government authority stating the reason why the birth record is not available. Applicants may then submit this certified statement along with secondary evidence of their birth.

So should I have the Thai official state how the original was lost by her mom, and why they have no copy on file?

You can, then also submit secondary evidence of birth.

[ding 1]

Here's the exact text from the RFE:

"...If the birth certificate is not available, per title 8 Code of Federal Regulations, Section 103.2(B)(2)(ii), you 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." If your birth certificate is not available, please submit acceptable secondary evidence including but not limited to church or school records listing your parents names and your date of birth, hospital records of your birth, etc."

>Emphasis mine.

> I couldn't find the birth records section in the State Dept's 'Foreign Affairs Manual'.

> I-485 instructions, pg 3, "2. Birth Certificate" was not telling me much.

You can, then also submit secondary evidence of birth.

She just found a school record showing her birthdate and both parents names. Thanks Bobby Umit.

Edited April 28, 2009 by ding

[daboyz 36]

Here's the exact text from the RFE:

"...If the birth certificate is not available, per title 8 Code of Federal Regulations, Section 103.2(B)(2)(ii), you 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." If your birth certificate is not available, please submit acceptable secondary evidence including but not limited to church or school records listing your parents names and your date of birth, hospital records of your birth, etc."

>Emphasis mine.

> I couldn't find the birth records section in the State Dept's 'Foreign Affairs Manual'.

> I-485 instructions, pg 3, "2. Birth Certificate" was not telling me much.

You can, then also submit secondary evidence of birth.

She just found a school record showing her birthdate and both parents names. Thanks Bobby Umit.

http://www.visajourney.com/forums/index.ph...t&p=2879850

[ding 1]

Thanks for the help folks ...and I cited that Dept. of State statement in my cover letter daboyz. Thanks.

UPDATE:

Infopass Officer didn't see why we got an RFE. The Congressman's liaison said the same - but said to give any evidence we could.

The Thai Amphur (county seat) official didn't care what the US government needed. They said we were given the only doc that they give. End of story, not helpful.

Everybody spells English words different there and Certified Translations contain mispellings.

New this year; Thai ID cards are in English. The wife's mom and sisters have the same family name spelled 4 different ways on theirs.

My wife's brother and dad are deceased and the Amphur requires a male to accompany a female to a meeting with an official. So my wife's mom had to drag the village headman to the Amphur 4 times trying to get them to provide a statement that the USCIS wanted to see. No go. But this drug the whole thing out to the last few days before deciding to send the following:

School record, with mom and das's name and wife's date of birth on it and certified translation.

3 personal letters of reference, with Thai ID card and cert. translations.

Housebook, Tabien Bahn referencing my wife's birth. Certified translation and the page in Thai referring to her.

Wife's Thai ID card copy and cert. translation.

ORIGINAL of the RFE

Cover page with explanation

Edited July 6, 2009 by ding