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Marc&Rosie

Answer this one if you can (merged)

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My wife applied for the I-130 for her daughter. Sent it in December 2011. Finally got something but unfortunately it's an RFE!! What it says is this...

"The petitioner is seeking to establish a qualifying relationship based on a PARENT/CHILD relationship. You submitted a delayed registered Notario Birth Certificate for the beneficiary, (her Chinese daughters name). The Notarial Birth Certificate was dated and issued on August 31, 2010 which is a delayed registration of (19) nineteen years.

As such, the evidence submitted is not sufficient to establish eligibility at this time. Therefore, the petitioner must submit the following:

X DELAY-REGISTERED CERTIFICATE: The Birth Certificate for the beneficiary, VANESSA VAREL-FRANCO appears to be a civilly registered birth document, which was registered ONE year or more after the birth event, the petitioner must submit secondary evidence to establish the claimed relationship."

WHAT??!! I have no idea who this Vanessa is!! I can't believe...after waiting all this time...that it looks like they screwed it up!! And why did they say Notario Birth Certificate and then Notarial Birth Certificate??

All that said, the birth certificate for my wife's daughter may have been a copy. But it was the official record that the Chinese local government in Chengdu had available.

Please tell me what I need to do now. We are bummed enough about this taking so long in the first place. Now this. I don't understand why this government is so bent on making it so hard for family to be together. All we want is for her daughter to come here.

Marc and Rosie

Edited by Marc&Rosie

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My wife applied for the I-130 for her daughter. Sent it in December 2011. Finally got something but unfortunately it's an RFE!! What it says is this...

"The petitioner is seeking to establish a qualifying relationship based on a PARENT/CHILD relationship. You submitted a delayed registered Notario Birth Certificate for the beneficiary, (her Chinese daughters name). The Notarial Birth Certificate was dated and issued on August 31, 2010 which is a delayed registration of (19) nineteen years.

As such, the evidence submitted is not sufficient to establish eligibility at this time. Therefore, the petitioner must submit the following:

X DELAY-REGISTERED CERTIFICATE: The Birth Certificate for the beneficiary, VANESSA VAREL-FRANCO appears to be a civilly registered birth document, which was registered ONE year or more after the birth event, the petitioner must submit secondary evidence to establish the claimed relationship."

WHAT??!! I have no idea who this Vanessa is!! I can't believe...after waiting all this time...that it looks like they screwed it up!! And why did they say Notario Birth Certificate and then Notarial Birth Certificate??

All that said, the birth certificate for my wife's daughter may have been a copy. But it was the official record that the Chinese local government in Chengdu had available.

Please tell me what I need to do now. We are bummed enough about this taking so long in the first place. Now this. I don't understand why this government is so bent on making it so hard for family to be together. All we want is for her daughter to come here.

Marc and Rosie

First, not cool to put someone's full name on a public forum. You redacted your daughter's name for privacy but didn't give the same consideration to someone else's child.

Mod please redact the name.

Second, the government is doing its job when it comes to late birth registration. Personally, I am aware of several people who used late birth registrations in Vietnam to claim someone else's child as their own to immigrate to the US. This type of fraud happens. A late birth registration can be a sign of this type of fraud.

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Sorry I wasn't thinking about the other name. If someone can take that off I'd appreciate it.

But my point on this post is that obviously they made a mistake. We have nothing to do with this other person. Never heard of them. The only papers we sent in were specifically for her daughter. If this other persons birth records were late birth records and they're basing this RFE on that then what can we do? They obviously got papers mixed up or something as we do not know who this person is.

What's strange is that above they list her daughter's name correctly. Then below they have this other persons name!!??

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you can call up uscis, get an ISO, and ask about this.

If a huge problem still,

then you need to write a longish monograph about how birth certificates are issued in China, on a whim, based on someone showing up with a hukuo book and paying the fee for a birth certificate, then getting the certificate translated into English.

seriously ? 2011? not 2012 on the I-130 submission year? That's a freakishly long time, really.

If really 2012 submission year, then ...

I have to think that this RFE came from a local office (Check the response address for submittal) that has no clue about what a white book , official, birth certificate looks like. If it's INDEED from a local office, I suggest to go in and bring the white book and a printout of the Guangzhou IV steps for getting a white book. Ask for the I-130 Adjudication Unit supervisor, as that's the only human that will handle this problem.

Edited by Darnell

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you can call up uscis, get an ISO, and ask about this.

If a huge problem still,

then you need to write a longish monograph about how birth certificates are issued in China, on a whim, based on someone showing up with a hukuo book and paying the fee for a birth certificate, then getting the certificate translated into English.

seriously ? 2011? not 2012 on the I-130 submission year? That's a freakishly long time, really.

If really 2012 submission year, then ...

I have to think that this RFE came from a local office (Check the response address for submittal) that has no clue about what a white book , official, birth certificate looks like. If it's INDEED from a local office, I suggest to go in and bring the white book and a printout of the Guangzhou IV steps for getting a white book. Ask for the I-130 Adjudication Unit supervisor, as that's the only human that will handle this problem.

Yes, 2011 is correct. It was 18 months before we heard anything. We called a number of times but they just kept saying that 130's were being processed and they were behind and we would be notified when our case was reviewed.

Says we have to send the birth certificate to the California Service Center. We live in Wisconsin.

We can call the USCIS and talk with an ISO but my wife is still in China and I have always been there when we talked to such people so I could help with the English.

But one of my most perplexing questions is WHY is this other person listed on this RFE?? Seems to me that if they screwed up (obviously they have screwed up) and are looking at this other persons birth certificate that this is why they are asking for more evidence. As I said, we have never heard of this person. I was in total disbelief to see a different name listed.

Thanks for the responses!

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it really sounds to me like the person doing the review was clueless for 'how to review' a white book of the birth certificate.

I say get this fixed by talking with an ISO or submit another copy of the white book with the monograph that I mentioned.

when talking to an ISO, is possible to learn that stuff got munged and the RFE was issued in error.

So, report back, after you talk with an ISO.

oh wait - can you even talk with an ISO? are you allowed to talk about the casefile with the USCIS? I'd say no, if you are NOT the petitioner. If you ARE the petitioner, all is ok .

after rereading your post, I've gleaned that your wife is the petitioner.

IMO - get a skype account IN USA, unlimited at 2.99/month, for calling INTO the USA,

then have your wife call you via skype , you set up a 3 way call/ convo with USCIS. When you get a CSR, ask for an ISO , claiming RFE mis-sent on the casefile to the CSR as 'the reason' for contacting the ISO.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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it really sounds to me like the person doing the review was clueless for 'how to review' a white book of the birth certificate.

I say get this fixed by talking with an ISO or submit another copy of the white book with the monograph that I mentioned.

when talking to an ISO, is possible to learn that stuff got munged and the RFE was issued in error.

So, report back, after you talk with an ISO.

oh wait - can you even talk with an ISO? are you allowed to talk about the casefile with the USCIS? I'd say no, if you are NOT the petitioner. If you ARE the petitioner, all is ok .

THANKS! I can't talk with USCIS about the file unless they can ask my wife if it's OK. So I'll have to wait. She'll freak out...I know. It has been a very difficult and stressful road for her coming to America and now her daughter. I still...do not understand why they make it so difficult for family to be together.

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skype telephone from china is cheap, and you can set up a 3 way call into USCIS .

without using a telephone, you could certainly prepare a monograph about what a white book really is.

in the end, your wife has to sign the letter, as she's the petitioner.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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THANKS! I can't talk with USCIS about the file unless they can ask my wife if it's OK. So I'll have to wait. She'll freak out...I know. It has been a very difficult and stressful road for her coming to America and now her daughter. I still...do not understand why they make it so difficult for family to be together.

Your frustrations with how difficult it is to navigate the family immigration system is understandable.

The reason it is difficult is that lots of people are willing to commit fraud to immigrate to the US. People will create fake, forged, bribed, etc. birth certificates to bring non-qualifying beneficiaries to the US. It is trying to keep out all the fraudsters that creates difficult hoops for the rest of us to jump through.

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skype telephone from china is cheap, and you can set up a 3 way call into USCIS .

without using a telephone, you could certainly prepare a monograph about what a white book really is.

in the end, your wife has to sign the letter, as she's the petitioner.

Thanks for the responses! I have a couple questions if I may. My wife just got back from southern China where her ability to connect for a call to USCIS was very limited. Now she's back in Chengdu so we can proceed. I have a couple questions though. Sorry.

1. Skype. Does she have to have Skype also or just me? Will QQ allow conference calls? I don't have Skype I have QQ. Had issues with Skype transferring files when she didn't have Skype there in China. So I got rid of it. Can get it back. We do have italkbb. Does anyone know if this allows conference calls? I'm not up on these types of things. Old school.

2. When I call USCIS will they connect us with an ISO right at that time?

3. DNA. I'm assuming a DNA test from China would not be accepted by USCIS? Says it must be done by only AABB accredited labs. Don't see China listed.

4. Will photos of my wife's daughter with her mother (my wife) when she was a baby and throughout her life be worth sending?

What is weird about all of this (other than them totally screwing up and listing the wrong person) is that she had a K2 which is specifically for the daughter of a GC holder. You would think they would have this on record. (Of course our attorney screwed up the K2 and this is why we're now having to go through all of this)

Thanks again for all your help! I just want to make this as simple as possible and any help would be greatly appreciated!

Rosie and Marc

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italkbb allows regular calls.

it's on YOU to initiate a conference call at YOUR telephone. Study how.

----

IMO, this RFE is specious, based on data munging. It's going to be on your wife to get it sorted. I've written all I know, earlier in your topic.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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We were sent an RFE for the I-130 my wife sent in for her daughter. But they made a mistake on the blue sheet and had someone else's name listed on it as the Beneficiary!! So we called an ISO and he told us specifically to just send the blue sheet back with a letter explaining that they made a mistake. He said he felt that no more evidence should be required and that they most likely sent the RFE because of problems with this other persons paperwork. He also said to NOT send anything else in, just the letter stating a mistake had been made. Now on the USCIS case status page it says this. We just saw this and of course we'll call but they aren't open now and I was just wondering if anyone had ever seen such a thing before?

  • At this time USCIS cannot provide you with information for your case. Please contact the NCSC 1 (800) 375-5283 for additional information.

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data renormalization, IMO.

although don't sweat it, do keep on top of it with the call center, an ISO, as well.

Yes, I know the wait times are abysmal for Monday morning calls, it sucks.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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