I 485 Denied!!!

[ramana 0]

I dont know if i should cry, or pack up my stuff and leave. I got a letter saying my I485 was denied because i was not able to provide them with my birth certificate. They said it shows on their system i am able to get it from my birth country in Africa, mind you i have been living in Canada since the age of 12. I had my baptism, but my luggage was stolen at the airport. I am out of luck, i dont have the energy to continue with this whole process. i feel like going back to canada and just continue with my life. I had a better life than what i am experiencing down here. My husband is telling me to appeal, but i dont know anymore.....

[little immigrant 800]

And there is no way to contact your home town in Africa to get your birth certificate? I was able to order mine online. Don't give up.

[LADYDARE 28]

Don't give up..go to your African consulate in the states and get an age declaration.

[Harsh_77 716]

Its not your 485 that got rejected, they just dont have any document showing your birth.

Why not check your consulate here from your birth country and they might be able to provide you either birth certificate or a equivalent document.

If you are CA citizen then atleast consulate in CA should be able to help u.

[Moomin 292]

I don't know if this will help but if you cannot obtain your birth certificate from overseas there may be a way out of it: http://travel.state.gov/visa/immigrants/info/info_3195.html#certificates under "Unobtainable birth certificates"

Did you get an RFE before the denial?

Edited May 27, 2011 by moomin

[Harpa Timsah 13,258]

Did you receive an RFE and fail to respond?

[Otto 83]

ramana - obviously a stressful time but some more details about your current status and sequence of events would help folks better understand and perhaps advise on a solution(s).

**Topic seems AOS/Family-based related (rather than K-1 Proc./Procedures); moving thread to a more appropriate forum.

[ramana 0]

Well, I did get REF and i did send affidavit from my parent, they both live in Canada. Because that was one of the instruction when i got the REF if i didn’t have my birth certificate for me to send an affidavit from both parents.. I can get my birth certificate from Africa, but i have to be there in person. I dont have any family in Africa, i guess i can try from the embassy here or in Canada. I'm a Canadian citizen, so i dont know why its such a big deal for them to have that. I mean i regret the decision to move down here to start with. I appreciate all of your inputs, thank you so much for your encouragement. But its hard to see the light, when everything around you is dark. At least that is what it feels like right now....

[Inky 1,110]

If you leave the USA you wont be able to enter and AOS after.

I would start by trying to solve this while staying inside the US.

But if you are truly unhappy in the US could the two of you move back to Canada together and start his process?

[freetv 7]

I think if you are that serious about leaving (and he could have a good life there) maybe it is the way to go... but for sure you should calm down and think about it. Way back when I was doing K1 the nvc sent our packet to the wrong country and ignored all of our emails/phone calls... we just took a deep breath and contacted our congressman and it was quickly fixed (3 days vs the 8+ weeks we were told it could take to reach the right consulate and the possibility that they wouldn't even accept it!). Just relax and decide if you want to stay in the u.s., if you do decide to stay contact your home country's consulate/his congressman and see what you can work out. Goodluck

[Shorah 2]

Well, I did get REF and i did send affidavit from my parent, they both live in Canada. Because that was one of the instruction when i got the REF if i didn’t have my birth certificate for me to send an affidavit from both parents.. I can get my birth certificate from Africa, but i have to be there in person. I dont have any family in Africa, i guess i can try from the embassy here or in Canada. I'm a Canadian citizen, so i dont know why its such a big deal for them to have that. I mean i regret the decision to move down here to start with. I appreciate all of your inputs, thank you so much for your encouragement. But its hard to see the light, when everything around you is dark. At least that is what it feels like right now....

I know how you're feeling, I'm feeling the same way. Have you been there very long? I've been here about 2 weeks and I'm a mess so far. I don't really want to live here either and think about going back to Canada all the time. But I do love my fiance and I don't really want to lose him so I'm still here.

But I feel like ####### I'm not going to lie.

Don't give up on the birth certificate thing. If you really want to leave and decide to do it then don't do it because of some technicality, do it because you choose to.

[RICARDO4EVA2 194]

yep see if the African consulate here can help if not you have two choice if USCIS wont budge. 1/ move to Canada and petition him there b/c your identity must be proven. 2/Move back to Canada and go apply in person to your home country and start the process over . You may want to check if the birth records is with the Canadian Immigration System where a copy could be obtained.

Edited May 28, 2011 by RICARDO4EVA2

[Cookie123 3]

I know how you're feeling, I'm feeling the same way. Have you been there very long? I've been here about 2 weeks and I'm a mess so far. I don't really want to live here either and think about going back to Canada all the time. But I do love my fiance and I don't really want to lose him so I'm still here.

But I feel like ####### I'm not going to lie.

Don't give up on the birth certificate thing. If you really want to leave and decide to do it then don't do it because of some technicality, do it because you choose to.

Just wondering why you are feeling like ####### and why you don't want to live here? I have gone through the process as well and I too experienced difficult times but it does get better as you go along. If you need to chat let me know maybe I could help. Take care.

[Shorah 2]

Just wondering why you are feeling like ####### and why you don't want to live here? I have gone through the process as well and I too experienced difficult times but it does get better as you go along. If you need to chat let me know maybe I could help. Take care.

Just missing my life back in Canada. My family, my friends, my job etc. We wanted to do immigration the other way, with him coming to Canada since I had things set up better up there than he has down here. But he has 2 kids from a previous marriage down here who are still pretty young so we kind of had to come here. We're hoping that once they're older and not needing us so much we can maybe make the move up there.

Its my turn to sacrifice but we will have to share some of that or I will lose my mind.

I guess the fact that the decision was kind of made for us is making it harder.

I'm trying to embrace my life here so I don't feel so bad but its tough.

Thanks for the concern =)