RFE - Birth Certificate

[Skyler 0]

Hi y'all.

So, we submitted my husband's AOS documents and we recently received an RFE stating that his birth certificate is a "Delayed Registration" and that we need secondary evidence created before he was 14 years old proving his birth date and place, which we don't have (nor do relatives in El Salvador). In the event that there is no secondary evidence available, it requests a sworn affidavit from two people who witnessed the event (I'm assuming his mom and his brother would be fine). But anyone know how to do a sworn affidavit?

It says "Affidavits shall be in the form of written statements sworn to or affirmed by at least two persons who were living at the time of the event and have first-hand knowledge of the event. Each affidavit must contain the following information regarding the person making the affidavit: Name, address, birth place, relationship to the applicant, and full information concerning the event, which includes how this knowledge was obtained."

We can have his mom and brother who were there at his birth do affidavits, in El Salvador, but I am confused by some of the language. What do we do to have them "sworn or affirmed by"? A notary? And it says "each affidavit shall be sworn and affirmed by at least two persons..." Does that mean, one affidavit sworn by two people, or two separate affidavits?

Any experience with this?

Thanks in advance for your reply.

[Bobby+Umit 161]

Basically - get it notarized by their version of a notary public.

Perhaps a lawyer or in city hall?

Two people to witness it when it's signed - and you would have two seperate affidavits.

(your mom/lawyer can witness your uncle's, and visa versa)

[payxibka 10,045]

it could be two identical affidavits signed and notarized individually or could be a single affidavit with dual sworn signatures...

[eric_and_teresa 10]

Skyler,

I suggest you contact a Notario in El Savador, are his mom and brother in El Salvador now? The notario can do the sworn statement (declaracion jurada), and then you can just hire a translator or maybe the same Notario's office can do translation as well.

Talk to the Notario in El Salvador, he/she will now exactly what document he needs to do and with which formalities. IMO, if the people who are declaring that they witnessed the birth are in El Salvador, the document needs to be done in El Salvador, not here in the U.S. Sworn and affirmed are just the legal terms, they will swear and affirm that they witnessed the birth.

Good luck and keep us posted!

[Dakine 26]

Best to have one of the affidavits from the midwife if there was one.

Baptismal Certificate, Copy of the page and cover in the baptismal book also. School records and annuals will help also.

[Skyler 0]

Hi Teresa!!!

I abandoned Visa Journey once Julio made it here but now I'm back now that we need help, hahaha. Typical, right?

Thanks for the suggestion. In El Salvador, they will probably know what the letter needs to say. We realized that his brother was only 16 when Julio was born but luckily the doctor that delivered him is still the family doctor down there so we will try to get a letter from her as well.

Thanks for the advice everyone.

How is everything Teresa? How are you liking the States and married life so far?

[Jaqui 0]

My cousin received this same RFE and he was able to get a copy of his baptism certificate from the church and that was sufficient. Just an idea. HTH.