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Filed: K-1 Visa Country: Congo
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I am very confused I hope someone can help me here!!! I filed for AOS for my wife and daugther after they joined me on a K1 and K2 visas. I just received a letter for the Green Card interview but some of the items they are asking me to bring to the interview are a little be confusing. They are asking my wife and I to bring our birth certificates.

I lost the folder that had my wife's birth certificate when I moved her to the US from Canada a couple of months ago. I never tried to replace it because the USCIS already has a copy of it. As far as me I am a US Citizen thru naturalization I thought I didn't need a birth cerfiticate for my wife AOS interview but apparently the USCIS wants me to bring my birth certificates as well.

The interview is scheduled for May 3rd. Our problem is we are from a part of Africa where getting a birth certificate is hard and can take a couple of months.

My question is should I go to the interview with a copy of my wife's certificate or does she need the original. I did bring the original at the K1 interview.

Second why does the USCIS need my birth certificate. I am mean I am a US citizen and I am not the one applying for the AOS. I went thru my AOS process a few years ago they didn't even ask me for my birth certificate then. Do I really need to bring my birth certificate as a petitioner?

Any help will be greatly appreciated. Thanks

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Filed: Citizen (apr) Country: Canada
Timeline

Long story short, they need the USC's paperwork because need to prove to USCIS you are entitled to petition for your wife's AOS; which is to prove your status in the U.S. And your identity. Everything listed on the interview letter is mandatory. The officer who will conduct the interview needs to confirm his copies match your original documents. That includes both birth certificate, which are listed as mandatory documents and not a part of the "unless already provided" section. What was done for your K1 is done. Now you are dealing with a new office for a new petition.

You should make an Infopass appointment and ask them about providing the birth certificates. Depending on what they say, you might have to reschedule your interview, which means both your wife and daughter's immigration benefits will be on hold. And anyways, you need a copy of original birth certificates for your records, so why not order them already?

May I add your letter clearly states (third line, in bold and underlined characters) : "failure to bring the below listed items will result in the denial of your application." Now personally, that is something I wouldn't chance.


US citizen since April 2016

ROC completed April 2014

AOS from K1 completed February 2012

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Filed: Citizen (apr) Country: Australia
Timeline

Take your passport, that will suffice. Her birth cert on the other hand MIGHT be required. Go to the interview and see what happens. They may issue you with an RFE (they won't deny you if you don't have it there with you) and you'll have time to provide it. Or they'll just let it go because she has other ID documents.

That letter is stock standard. K1's are different to people adjusting from visitor visas for example and she's provided all that info already for the K1 so she might be okay without it. Again you'd be RFE'd, not denied on the spot.

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Filed: Citizen (apr) Country: Australia
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So why did they need my birth certificate? Would my naturalization certificate be enough or do I need to bring the actual birth certificate too?

Again, it's a stock standard letter. Your letter isn't special. That letter is what they send to everyone. Bring your naturalisation certificate, birth certificate or passport. Anything that proves your citizenship status/identity.

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