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IR2 - NVC Checklist - Custody & Birth Certificate *HELP*

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Filed: K-3 Visa Country: Thailand
Timeline

Hi VJ's,

I'm in need of help in regards to custody and birth certificate papers for my son who is 8 and from Thailand with a IR2 in process sitting at the NVC.

Basically I received a checklist back indicating the following missing or incomplete:

BIRTH CERTIFICATE - document you submitted is not an original or certified copy of an original issued by the appropriate government authority. The document must be an original or certified copy of the original, bearing the original seal or stamp from the issuing authority.

*** I submitted a certificate of birth which was certified as legitimate and stamped for approval by the Ministry of Foreign Affairs in Bangkok after I had it translated from Thai to English. This was the same document (thai version) that we submitted for our son's passport which we did not have any problems obtaining and this is the only birth certificate that we have that was given to my wife by the hospital the day my son was born.. This is the same document I submitted with the I-130 petition in which we didn't have any problems with..

I spoke with the NVC on the phone and they had mentioned that they were expecting a certificate from the amphur, but in talking with my wife she said this was issues from the amphur so I'm not sure where the problem is here. Could it be that the NVC is reading the form name of Thor. Ror. 1 and that is why they are saying its not a valid document because they are expecting to see Thor. Ror. 19 which would be a translated birth certificate document?

CUSTODY PAPERS - please submit appropriate custody documentation in support of petition for alien relative. The adoptive parent/petitioner must provide:

1. certified copy of adoption decree --

2. legal custody decree - if custody occurred before the adoption

3. statement showing dates and places where child resided with parents and if child was adoptd while age 16 or 17... ** blah blah he is only 8

In addition to the above, in cases of joint custody or remaining rights of a non-custodial parent, applicants must also submit a notarized statement from the non-custodial parent granting permission for the child to immigrate to the US.

*** I submitted my wifes registration of divorce paper which clearly states:

1. female divorcing party came alone to submit petition for registration of divorce

2. divorcing parties where married lived together for years, having one child born to be in the parental power of the female party

3. no property or debt

4. court issued order for male divorcing party to legally divorce from female as husband and wife AND THE DIVORCING FEMALE PARTY TO EXERCISE HER PARENTAL POWER OVER THE CHILD, THE MINOR CHILD SOLELY. THE COURTS VERDICT SHALL BE REGARDED AS THE INTENTION OF THE MALE PARTY AS WELL.

5. concerning surname of minor child, he shall use surname of female party

6. other matters have been agreed between themselves

*** The divorce document was approved by the court and also has the stamp from the ministry of foreign affairs with a date of 02/2009.

My question is should the birth certificate and divorce decree which specifically states the child to be in the parental power of the female party and her surname should be used not be enough evidence for custody?? The court faciliated the divorce while the father was in jail and he gave his rights away... The last time my wife saw her ex-husband he threatened to kill her and her son.

HELP, what do I do here???

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

I went through something similar. My wife doesn't have a birth certificate at all. She had to go to the Amphur with her mother, get an official document from them, and then a certified translation. Here is some info directly from the DOS website:

Birth Certificates

Available. The issuance of birth certificates in Thailand began in Bangkok in 1917. Records of birth are often lacking for people born in Bangkok before World War II and for those born in other areas of the country up until the 1970s. Birth Certificates are issued by "Amphur," (geographic subdivision roughly equivalent to a county in the U.S.) district authorities having jurisdiction over the place of birth. There may be a fee for this service.

A Thai citizen older than 15 and born in Thailand, whose birth was not registered, must present in its stead a household registration, together with a Thai national identity card ("bat prachachon"), and may also be required to submit additional proof of the claimed relationship.

Source: http://travel.state.gov/visa/fees/fees_4881.html?cid=3687


Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

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Filed: K-1 Visa Country: Thailand
Timeline

I don't know about the divorce decree, but they're requesting the document from the Amphur. If the birth was registered there you should have no problem getting the official document issued from the Amphur. I believe the Ministry of foreign affairs stamp is only certifying the translation of the hospital issued BC.


AOS Mailed 5-02-2010

NOA1 5-12-2010

Forward CSC 6-06-2010

Biometrics 6-16-2010

AOS Touch 7-10-2010

EAD Approve 7-21-2010

EAD Arrival 7-30-2010

Greencard Approve 9-08-2010

Greencard Arrives 9-15-2010

No Interview

ROC Mailed 6-12-2012

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Filed: IR-1/CR-1 Visa Country: Thailand
Timeline

Hi VJ's,

I'm in need of help in regards to custody and birth certificate papers for my son who is 8 and from Thailand with a IR2 in process sitting at the NVC.

Basically I received a checklist back indicating the following missing or incomplete:

BIRTH CERTIFICATE - document you submitted is not an original or certified copy of an original issued by the appropriate government authority. The document must be an original or certified copy of the original, bearing the original seal or stamp from the issuing authority.

*** I submitted a certificate of birth which was certified as legitimate and stamped for approval by the Ministry of Foreign Affairs in Bangkok after I had it translated from Thai to English. This was the same document (thai version) that we submitted for our son's passport which we did not have any problems obtaining and this is the only birth certificate that we have that was given to my wife by the hospital the day my son was born.. This is the same document I submitted with the I-130 petition in which we didn't have any problems with..

I just received an RFE for this exact thing. I sent in the official copy stamped and certified by the MInistry as well and they sent an RFE back for the original birth cert. You should have no problem obtaining this from the Amphur office. I sent back the original to the NVC and they received it on June 28 and am still waiting on case complete so can't tell you if it worked or not. Good luck.

*

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