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sapyns

RFE for Marriage Certificate

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After 21 months long wait, I (PR) received RFE for I-130 for my spouse. The RFE asks to send marriage certificate and its English translation (if applicable). I am sure I have already sent copies of both the certificates with the application. My questions:

1. Why does USCIS ask RFE for the documents already sent? (I was married out of US and have sent the copy of original marriage certificate in my native language and a copy of marriage certificate translated in English)
2. Are not those certificates enough? or should we register our marriage in the court here in US?
3. We do not have other marriage certificates except what we already sent to USCIS. Will USCIS accept those certificates if we sent again?
4. How to deal with this RFE?

We are confused with the RFE we received. Any suggestions/advice is highly appreciated.

With Thanks,
Sapyns

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I would definitely send copies again

originals are not required by uscis at any time for these two items

infopass if you need more follow up

send your rfe's with a delivery receipt



8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

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Was the translation notarized or did you send a notarized translator statement with it?

That could be the problem...


To see a more detailed journey schedule, please see the About Me page and my Timeline.

Our K1 Process

June 7, 2012 -- Sent I-129F to June 9, 2013 -- Religious & Civil Wedding Ceremony in CT

FROM I-129f NOA1 to VISA APPROVAL: Exactly 8 months! No RFEs

Our AOS Process

July 16, 2013 -- Mailed AOS, EAD, and AP Paperwork to December 21, 2013 -- Received GC Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 4 months 27 days! No Interview or RFEs.

Our ROC Process

September 21, 2015 -- Mailed ROC Paperwork to August 6, 2016 -- Received Card in the Mail!

FROM NOA1 to GREEN CARD in Hand: Exactly 10 months 10 days! No Interview or RFEs.

Our {His} N-400 Process

Eligible to Apply for Citizenship on September 14, 2016.

October 4, 2016 -- Mailed N-400 Paperwork.

November 8, 2016 -- Completed Biometrics.

May 6, 2017 -- Received Interview Letter in the Mail.

June 8, 2017 -- Interview Passed!

June 16, 2017 -- Oath Ceremony! He is a USC!!

FROM Application to CITIZENSHIP: Exactly 8 months 13 days! No RFEs.

== I am the Petitioner/Sponsor/Citizen Spouse ==

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Was the translation notarized or did you send a notarized translator statement with it?

That could be the problem...

It doesn't have to be notarized, but the translation has to be certified by the translator. But yes, that could be the problem. Was the translation certified?

More info here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCRD

"Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address"

It could be also that the USCIS lost the documents. It happens.

Edited by didopage

K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

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I would definitely send copies again

originals are not required by uscis at any time for these two items

infopass if you need more follow up

send your rfe's with a delivery receipt

Thank you for your advice

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Was the translation notarized or did you send a notarized translator statement with it?

That could be the problem...

mtcmk1, Thank you for your reply. I had English translation of the certificate from the government office.

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It doesn't have to be notarized, but the translation has to be certified by the translator. But yes, that could be the problem. Was the translation certified?

More info here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCRD

"Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address"

It could be also that the USCIS lost the documents. It happens.

didopage, Thank you for your response.

Yes, the certificate was translated in English and translation was certified by the translator with signature and office seal (stamp). The English translation was done by Registrar office, a government agency of the country. I don't think that should have been the problem. As you said, I could only think that the USCIS lost my certificates and have sent the rfe. I hope this is the case and nothing else.

- Sapyns

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Are you sure you sent the "correct" certificate? Some countries have many and USCIS is looking for a specific one from a certain place. You can google "DOS reciprocity by country" and look for what the marriage cert should be. It is possible, although extremely unlikely that they simply lost it. That doesn't usually happen.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Are you sure you sent the "correct" certificate? Some countries have many and USCIS is looking for a specific one from a certain place. You can google "DOS reciprocity by country" and look for what the marriage cert should be. It is possible, although extremely unlikely that they simply lost it. That doesn't usually happen.

Thank you Harpa for your reply. To my knowledge, Yes, I have sent the correct copies as per 'DOS reciprocity by country'. Even I am not 100 percent convinced that USCIS lost my documents. But, what else can I do now except to send those missing documents again and hope for the best.

- Sapyns

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Thank you all for your reply. As the marriage certificate was translated and issued by Registrar office (a government office), I sent a copy of English translation with copy of original marriage certificate. I mailed the copy of both documents yesterday as a response to RFE. I now realize that USCIS might be looking for original English translation, I am not sure though. If they are looking for original English translation, will they send second RFE asking for original translation or will they deny my application? I am really tensed now. Suggestions/advice warmly welcomed.

- Sapyns

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They want the original translation. They can deny you for improperly responding to a RFE, but hopefully they don't. That could have been the problem originally, that I was trying to vet, but what's done is done. That's why you should never send back what you sent before; obviously something was wrong with it.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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