Good news and bad news....

[BK21 1]

Folks I did not get any NOA2 yet but I got an RFE for my two children.That's the bad news but the good news is that they are working on my case...so cheer up October filers.

Since my wife had the two child births at home we never bothered to register the births. So we recently got their birth certificates and now the USCIS wants secondary evidence to prove that I am the father of my two children. Out of the list of all acceptable documents I think I can get the mid-wife's certificate, our priest's certificate, school records, photographs and copies of their passport's pages. Also affidavits from relatives etc.

Do you think this is enough? Do we need to send anything else? I am even ready to for any DNA testing. Do I need to tell this to them? Although its a little scary but I am finally happy that something is happening.

I am thinking of planning a trip to India soon to personally gather all this"secondary evidence" and also bringing back the PCC to get ready for the next stage. You think I am missing something Please advise me.

By the way I heard no request for anything for my wife so I am assuming all is good there. After I send my RFE's in I get all 3 approvals together, right?

[BK21 1]

Anyone with any suggestions or ideas out there? I am trying not to freak out.

[DanTes 21]

Anyone with any suggestions or ideas out there? I am trying not to freak out.

Since you are planning a trip to India, apply for Consular Report of Birth Abroad (CRBA) for your children at the American Citizen Services section of the U.S. Embassy.. They will be issued U.S. Passports, and will not have to obtain visas.

[BK21 1]

Since you are planning a trip to India, apply for Consular Report of Birth Abroad (CRBA) for your children at the American Citizen Services section of the U.S. Embassy.. They will be issued U.S. Passports, and will not have to obtain visas.

I don't think this would apply to me since both my children were born before my naturalization. Therefore they need to be issued a visa to come here.

[canadian_wife 1,795]

What exactly did the RFE ask for? Sadly, if you do not provide specifically what they ask for, it could delay your case.

your wife's case may be approved before your childrens (you are right, they do not qualify for citizenship) but you can slow your wife's case down at NVC

Good luck

[BK21 1]

Well to be exact it says that the petitioner has submitted a birth certificate that has a delayed registration of 15 years , the petitioner is required to submit secondary evidence to establish the claimed biological relationship.and then they list some examples of evidence like

• midwife/ doctor/ hospital certificates
• church/priest certificate
• documentation showing parent's and child's primary residence during child's childhood.
• school records showing both child and parent's name.
• old family photos taken with the person with whom the petitioner wants to establish relationship
• old correspondence
• Insurance policies etc.
• miscellaneous like ID's, census records, passports, income tax returns etc.

[canadian_wife 1,795]

Sounds like if you can producd some of what they are asking for, as it appears you can, then you should be fine

Good luck

[BK21 1]

Well to be exact it says that the petitioner has submitted a birth certificate of child that has a delayed registration of 15 years ,

the petitioner is required to submit secondary evidence to establish the claimed biological relationship.and then they list some examples of evidence like

midwife/ doctor/ hospital certificates

church/priest certificate

documentation showing parent's and child's primary residence during child's childhood

school records showing both child and parent's name.

old family photos taken with the person with whom the petitioner wants to establish relationship

old correspondence

Insurance policies etc

miscellaneous like ID's, census records, passports, income tax returns records of family events etc

Evidence submitted is not limited to these type of documents. The only persuasive documentation will be documentation that indicates child's parentage.

Evidence that originated back when the child was young will be more persuasive than evidence that was created as the result of this RFE.

If secondary evidence is not available then we need to submit evidence of non- existence. After this tertiary evidence like Affidavits in form of written statements

from at least 2 persons living at the time of the event with their names and relationship to petitioner and / or beneficiary can be submitted.

The petitioner also has the option of having a DNA test done by any AABB- accredited lab authorized by USCIS.

I have paraphrased most of the stuff in my RFE so hope everyone can understand. Has anyone been in a situation like this? Any advice would be greatly appreciated.

[pushbrk 12,248]

Folks I did not get any NOA2 yet but I got an RFE for my two children.That's the bad news but the good news is that they are working on my case...so cheer up October filers.

Since my wife had the two child births at home we never bothered to register the births. So we recently got their birth certificates and now the USCIS wants secondary evidence to prove that I am the father of my two children. Out of the list of all acceptable documents I think I can get the mid-wife's certificate, our priest's certificate, school records, photographs and copies of their passport's pages. Also affidavits from relatives etc.

Do you think this is enough? Do we need to send anything else? I am even ready to for any DNA testing. Do I need to tell this to them? Although its a little scary but I am finally happy that something is happening.

I am thinking of planning a trip to India soon to personally gather all this"secondary evidence" and also bringing back the PCC to get ready for the next stage. You think I am missing something Please advise me.

By the way I heard no request for anything for my wife so I am assuming all is good there. After I send my RFE's in I get all 3 approvals together, right?

If the what you can get is what they said they would accept then fine but do you really have time for trip to India? How much time did they give you to respond to the RFE? If you respond late, they'll deny the petitions.

[pushbrk 12,248]

I don't think this would apply to me since both my children were born before my naturalization. Therefore they need to be issued a visa to come here.

You did file a petition for each child, right?

[bubbleout 0]

Send them a affidavit from your two relatives certifying that those two are your children.

copy of "Rashan Card", it should have picture of you and your family.

School records.

Also your children do qualify for the U.S. Citizenship, even you became citizen after their birth.

You need to file N600 for your children if they are under the age of 18. Make a infopass appointment

with USCIS office and they will guide you. Your children should get U.S. Passports from Embassy.

[JNL 13]

Send them a affidavit from your two relatives certifying that those two are your children.

copy of "Rashan Card", it should have picture of you and your family.

School records.

Also your children do qualify for the U.S. Citizenship, even you became citizen after their birth.

You need to file N600 for your children if they are under the age of 18. Make a infopass appointment

with USCIS office and they will guide you. Your children should get U.S. Passports from Embassy.

I know someone will correct me if I am wrong, but the way I understood the derivative citizenship to children was that they had to be present in the US.

[BK21 1]

thank you everyone for all the replies. Yes pushbrk I did file separate petitions for the 2 children. One is 15 and the other one is 20 yrs old. So I am looking to file N600 for my younger one only after he arrives here, but I guess my 20 year old gets a green card right?

Yes I do have lots of pictures with my family from their childhood and recent years. I also have an old "Rashan card" ( a govt. issued id for low cost ration and fuel purchases) from their childhood address on it. I can provide some school records, copies of biographic information pages of the passports. Is this enough?

I want to make the trip to get affidavits from 2 relatives , the mid-wife and the "pundit"( priest who did the children religious ceremonies. I hope to expedite things by going there myself and collecting all evidence in person.

I have been given until March 10 to respond with the RFE evidence. I know I will cut it tight but I rather have a complete package to send so that more time is not wasted.

What do you guys think? Should I send just what I have or add all these affidavits too?

[Devraj 1]

I may be wrong - But, I think your children can apply for US Passport/ US Citizenship (N-600) at the same time you gained your US Citizenship as long as you children were under the age of 18 at that time. For example: You became citizen on hypothetically- 1/1/2011 (if your children were under the age of 18 on 1/12011, they can apply for US Passport/ US citizenship certificate).

PS - My father gained citizenship in the yeat when I was under 18. I was able to apply to US Passport and US Citizenship through my father. I was told by USCIS to fill up the passport application and bring related documents to local post office; instead of my own citienship certificate, I was told to take my father and his citizenship cetificate with me. I did that and recieved my passport. Never needed to apply for citizenship seperately.

Since your childeren are India, I do not know how this rule will apply. I suggest you talk to USCIS or an attorney to make sure if your kids actually need a visa or an american passport at this time.

Good luck.

Edited February 2, 2011 by Devraj