WTF? Wakass RFE finally arrives

[Alex+R 0]

This is weird because I thought only the petitioner needed to provide a birth certificate.

Yeah! I sure as helllll did too!!!!

Oh...I just read Joey's response. How are you teeth, btw?

Yeah, but Joey guessed wrong. We did not send any birth certificate at all. Not in Porguese or translated. Their decision that they needed Rey's birth certificate was totally random. Probably because he's male and got a latino last name, IMO.

My mouth hurts and the little disolvable stitches are irritating, but I think I'll make it. I have enjoyed a lot of mashed potatoes and bananas today (separately, of course).

[aussiewench 9]

The requirements only request a BC of the petitioner when it is being used to show US citizenship. It is not a requirement of the beneficiary. However, like with anything, an adjudicator can and will request anything deemed necessary in adjudicating the petition. Just as an adjudicator can send a request for an original of a document, when only a photocopy is submitted (being the requirement).

[Alex+R 0]

The requirements only request a BC of the petitioner when it is being used to show US citizenship. It is not a requirement of the beneficiary. However, like with anything, an adjudicator can and will request anything deemed necessary in adjudicating the petition. Just as an adjudicator can send a request for an original of a document, when only a photocopy is submitted (being the requirement).

Sigh. Well, as usual, what you say makes sense. Do you know why it might be that he'd need that?

[Captain Ewok 1,857]

How often have people had this requested? I would be ok with adding a line to the guide such as:

14. (Optional -- not required by USCIS guidelines) A copy of the foreign fiance(e)'s Birth Certifacte (front and back). There have been a few rare cases where this was requested to be sent in as part of approving the I-129F.

I do not want to add extra things -- saying optional will result in most people adding this to be safe and since this is not required per any published documents I am hesitant.

[aussiewench 9]

The requirements only request a BC of the petitioner when it is being used to show US citizenship. It is not a requirement of the beneficiary. However, like with anything, an adjudicator can and will request anything deemed necessary in adjudicating the petition. Just as an adjudicator can send a request for an original of a document, when only a photocopy is submitted (being the requirement).

Sigh. Well, as usual, what you say makes sense. Do you know why it might be that he'd need that?

It would only be a guess, and I dont like guessing. It could just be that particular adjudicator for no reason other then to verify the beneficiary's details.

[William33 110]

How often have people had this requested? I would be ok with adding a line to the guide such as:

14. (Optional -- not required by USCIS guidelines) A copy of the foreign fiance(e)'s Birth Certifacte (front and back). There have been a few rare cases where this was requested to be sent in as part of approving the I-129F.

I do not want to add extra things however as saying optional will mean to 99% of people that they need to add this for sure! Since this is not required per any published documents than I am hesitant.

Due diligence on the part of the petitioner. With that addition, they have been advised of the "possibility" of this occurring. From there, it is their choice. I like it.

[sarah and hicham 3]

Wow this is so weird! I never thought they would ask for the foreign birth certificate. Good luck Alex, and sorry this happened, but luckily it's a pretty easy one I hope. Also, on the USCIS website under general tips on assembling packet they show you how to type up the translator's certification page and it's easy peasy.

good luck,

Sarah

[Alex+R 0]

Wow this is so weird! I never thought they would ask for the foreign birth certificate. Good luck Alex, and sorry this happened, but luckily it's a pretty easy one I hope. Also, on the USCIS website under general tips on assembling packet they show you how to type up the translator's certification page and it's easy peasy.

good luck,

Sarah

Yeah, now I wonder what format to do the translation in. Just line in Portuguese, line in English, etc?

[Jenn! 918]

Wow this is so weird! I never thought they would ask for the foreign birth certificate. Good luck Alex, and sorry this happened, but luckily it's a pretty easy one I hope. Also, on the USCIS website under general tips on assembling packet they show you how to type up the translator's certification page and it's easy peasy.

good luck,

Sarah

Yeah, now I wonder what format to do the translation in. Just line in Portuguese, line in English, etc?

My husband's translated birth certificate looks very similar to his original in terms of the layout. It's entirely in English. We submitted both together and it's easy to tell which lines match up.

[Alex+R 0]

Wow this is so weird! I never thought they would ask for the foreign birth certificate. Good luck Alex, and sorry this happened, but luckily it's a pretty easy one I hope. Also, on the USCIS website under general tips on assembling packet they show you how to type up the translator's certification page and it's easy peasy.

good luck,

Sarah

Yeah, now I wonder what format to do the translation in. Just line in Portuguese, line in English, etc?

My husband's translated birth certificate looks very similar to his original in terms of the layout. It's entirely in English. We submitted both together and it's easy to tell which lines match up.

Ooh thanks! Rey and I will be doing that together tomorrow!

[Asha+Joy=Love 0]

The requirements only request a BC of the petitioner when it is being used to show US citizenship. It is not a requirement of the beneficiary. However, like with anything, an adjudicator can and will request anything deemed necessary in adjudicating the petition. Just as an adjudicator can send a request for an original of a document, when only a photocopy is submitted (being the requirement).

How often have people had this requested? I would be ok with adding a line to the guide such as:

14. (Optional -- not required by USCIS guidelines) A copy of the foreign fiance(e)'s Birth Certifacte (front and back). There have been a few rare cases where this was requested to be sent in as part of approving the I-129F.

I do not want to add extra things -- saying optional will result in most people adding this to be safe and since this is not required per any published documents I am hesitant.

hum... I can see the hesitancy... as aussiewench says, they *can ask for anything they deem necessary*. If it is a rare thing and not a regular occurrence there's not much excuse for the mini freak-out It may be more practical to add it to a list of RFE's received by members than the main guide.

[Captain Ewok 1,857]

The requirements only request a BC of the petitioner when it is being used to show US citizenship. It is not a requirement of the beneficiary. However, like with anything, an adjudicator can and will request anything deemed necessary in adjudicating the petition. Just as an adjudicator can send a request for an original of a document, when only a photocopy is submitted (being the requirement).

How often have people had this requested? I would be ok with adding a line to the guide such as:

14. (Optional -- not required by USCIS guidelines) A copy of the foreign fiance(e)'s Birth Certifacte (front and back). There have been a few rare cases where this was requested to be sent in as part of approving the I-129F.

I do not want to add extra things -- saying optional will result in most people adding this to be safe and since this is not required per any published documents I am hesitant.

hum... I can see the hesitancy... as aussiewench says, they *can ask for anything they deem necessary*. If it is a rare thing and not a regular occurrence there's not much excuse for the mini freak-out It may be more practical to add it to a list of RFE's received by members than the main guide.

Good point.

[William33 110]

The requirements only request a BC of the petitioner when it is being used to show US citizenship. It is not a requirement of the beneficiary. However, like with anything, an adjudicator can and will request anything deemed necessary in adjudicating the petition. Just as an adjudicator can send a request for an original of a document, when only a photocopy is submitted (being the requirement).

How often have people had this requested? I would be ok with adding a line to the guide such as:

14. (Optional -- not required by USCIS guidelines) A copy of the foreign fiance(e)'s Birth Certifacte (front and back). There have been a few rare cases where this was requested to be sent in as part of approving the I-129F.

I do not want to add extra things -- saying optional will result in most people adding this to be safe and since this is not required per any published documents I am hesitant.

hum... I can see the hesitancy... as aussiewench says, they *can ask for anything they deem necessary*. If it is a rare thing and not a regular occurrence there's not much excuse for the mini freak-out It may be more practical to add it to a list of RFE's received by members than the main guide.

Good point.

A good point, but consider this: How many posts are in the RFE list?

With all of the repetitive questions, one must surmise that 99% of new members do not read that thread.

A possible solution, consolidate the RFE possibilities in a spreadsheet, for easy reference. Who is up to the task?

[pj1959us 0]

How often have people had this requested? I would be ok with adding a line to the guide such as:

14. (Optional -- not required by USCIS guidelines) A copy of the foreign fiance(e)'s Birth Certifacte (front and back). There have been a few rare cases where this was requested to be sent in as part of approving the I-129F.

I do not want to add extra things -- saying optional will result in most people adding this to be safe and since this is not required per any published documents I am hesitant.

Having been around VJ a while, I can say an RFE for the beneficiary's birth certificate has occurred off and on, but it is infrequent. When we submitted the K-1, I submitted David's birth certificate (with both his parents' names) mainly because he has a rather common name. When a name check is done it can easily trigger such an RFE if a match occurs, and if the BC is available it can be verified at the time rather than risking an RFE.

I don't think it would be a bad idea to list this *option* in the guides (as well as noting it must be translated if not in English as any other non-English documents). Although infrequent, I have seen it happen often enough that if the information is there the parties involved can determine if they want to submit the beneficiary's BC up front or not. It certainly can't hurt, and may avoid further delays.

[SirLancelot 1]

The requirements only request a BC of the petitioner when it is being used to show US citizenship. It is not a requirement of the beneficiary. However, like with anything, an adjudicator can and will request anything deemed necessary in adjudicating the petition. Just as an adjudicator can send a request for an original of a document, when only a photocopy is submitted (being the requirement).

Sigh. Well, as usual, what you say makes sense. Do you know why it might be that he'd need that?

It would only be a guess, and I dont like guessing. It could just be that particular adjudicator for no reason other then to verify the beneficiary's details.

As aussiewench says, I don't like guessing either, but this is a very interesting RFE. I suspect the adjudicator is trying to ascertain the actual age of your beneficiary. I'm thinking something you filled out on your forms may have given mixed signals as to the actual age of your beneficiary and the adjudicator wants first hard, original confirmation of his/her age. Thus the requrest for a BC.

I personally recommend that you send a notarized copy of the BC. If the adjudicator is actually looking for proof of his/her real age, I don't think a scanned copy would suffice. It would be too easy to doctor. But that's just my 2 cents. You can send normal copies now and if they reject those, you can send notarized copies later. Perhaps they will accept just regular copies or scans.

Again as aussiewench has stated, this is NOT a requirement for all applications for the I-129F petition. This is simply ONE adjudicator looking for further evidence to decide to approve or deny this specific petition. NO ONE should take this to mean everyone should be sending in a copy of the beneficiaries BC. This RFE is VERY case specific.