RFE - Birth certificate?

[criticalchris 13]

Hey,

My fiancee received an RFE for our K-1 application, as follows:

'A review of your petition indicates that it is incomplete. Read and comply with the following directions. The USCIS does not require original documents; please submit copies of the documents requested.

Please respond to the following:

BIRTH CERTIFICATE: As proof of US citizenship, please submit a copy of the birth certificate ( long form) showing both parents' full names, child's complete name, date, place if birth, hospital, and ATTENDANT AT BIRTH issued by civil authorities for petitioner, R---------.

The decision of whether to approve or deny the petition will be based upon the type(s) of evidence submitted and its credibility.'

The problem is, my fiancee is American through her parents (she was born Canadian) and gained US citizenship through her parents when they naturalised. She doesn't have a certificate of citizenship/naturalisation. But they're not even asking for that, they're asking for a birth certificate - and hers is Canadian.

She has a US Passport, which is what we used as evidence of citizenship in the application - she photocopied it and was fairly sure she hadn't made any mistakes.

The question is, why are they just asking for a birth certificate if there's the possiblity the applicant (like my fiancee) wasn't born American? What are we supposed to send in this situation?

Edited June 20, 2013 by criticalchris

[aws&ndd 103]

So for evidence of citizenship, your fiancee submitted all pages of her passport? You did not include the birth certificate correct? The passport pages should have been sufficient evidence of her proof of citizenship. Did she submit ALL pages (even the blank ones) ?

They are asking for proof of US citizenship, which for some reason they don't have or the evidence they have isn't complete. Suggest re-sending ALL pages of the passport instead of the birth certificate, and maybe explain that you are using the passport as proof of citizenship in lieu of the birth certificate.

For the I-129F petition, EITHER form of proof of citizenship is acceptable.

[criticalchris 13]

That's what I thought, it's just strange as I've seen a more generic response from the USCIS for citizenship and it too mentions all the forms of proof, rather than birth certificate. It's odd they singled that out...

My fiancee is sure she sent a complete photocopy. The only issues we could think they might have had is if perhaps they attempted to use the wrong passport (she attached incomplete photocopies of another passport she renewed this year for the travel stamps as proof of relationship) or if somehow her forgetting to photocopy the back blue page of her passport would mean they would not accept it - but it seems unlikely.

[Nich-Nick 3,354]

That's what I thought, it's just strange as I've seen a more generic response from the USCIS for citizenship and it too mentions all the forms of proof, rather than birth certificate. It's odd they singled that out...

My fiancee is sure she sent a complete photocopy. The only issues we could think they might have had is if perhaps they attempted to use the wrong passport (she attached incomplete photocopies of another passport she renewed this year for the travel stamps as proof of relationship) or if somehow her forgetting to photocopy the back blue page of her passport would mean they would not accept it - but it seems unlikely.

Why don't you write a cover letter explaining the birth in Canada, the parent naturalization, etc to clear things up with them in case they don't get it. Then say she is again submitting a photocopy of her US passport to serve as proof of her US citizenship, as well as her birth certificate which does not prove American citizenship, but was requested in the RFE. Maybe that will connect the dots for them.