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Mo007

EAD RFE Yellow Letter for Proof of Birth Certificate!

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Filed: Other Country: Australia
Timeline

Just got this yellow letter in the mail for my wife's EAD application, asking for he birth certificate.

1 problem.

Wife's place/country of birth is not able provide this document, there is no central government there (at this time).

What are other options to get around this RFE?

Thanks

My IR-1 Consular Proccess
11.05.2005: Interview Success at London, England.
03.02.2011: Naturalized Citizen.

Wife IR-1 Petition
09.01.2012: Met wife in Melbourne, Australia.
05.16.2013: Marriage Ceremony.
05.19.2013: I-130 Sent to Chicago Lockbox.
05.21.2013: I-130 Delivered at Chicago Lockbox. Routed to NBC.
05.24.2013: I-130 Fee Check Cashed.
05.28.2013: Notice of Action (NOA-1).

Adjustment of Status from B2 Vistior Visa

09.06.2013: I-485 sent with copy of I-130 and I-765.

09.07.2013: I-485 packet arrived Chicago Lockbox.

09.09.2013: I-485 packet accepted.

09.10.2013. I-485 and I-765 case numbers assigned, and check cashed.

09.10.2013: Notice of Action (NOA-1) for I-1485 arrived via email.

09.18.2013: Biometrics Fingerprints Appointment.

XX.XX.XXXX: Employment Authorization Card

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Filed: Other Country: Australia
Timeline
Thanks. But not sure if that topic/link itself lead to a solution to the issue.

Will a notary of an affidavit work?

My IR-1 Consular Proccess
11.05.2005: Interview Success at London, England.
03.02.2011: Naturalized Citizen.

Wife IR-1 Petition
09.01.2012: Met wife in Melbourne, Australia.
05.16.2013: Marriage Ceremony.
05.19.2013: I-130 Sent to Chicago Lockbox.
05.21.2013: I-130 Delivered at Chicago Lockbox. Routed to NBC.
05.24.2013: I-130 Fee Check Cashed.
05.28.2013: Notice of Action (NOA-1).

Adjustment of Status from B2 Vistior Visa

09.06.2013: I-485 sent with copy of I-130 and I-765.

09.07.2013: I-485 packet arrived Chicago Lockbox.

09.09.2013: I-485 packet accepted.

09.10.2013. I-485 and I-765 case numbers assigned, and check cashed.

09.10.2013: Notice of Action (NOA-1) for I-1485 arrived via email.

09.18.2013: Biometrics Fingerprints Appointment.

XX.XX.XXXX: Employment Authorization Card

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Filed: Other Country: Australia
Timeline

I was posting that thread for ideas that might be relevant/helpful to your cause :)

Any advise is always greatly appreciated. :)

My IR-1 Consular Proccess
11.05.2005: Interview Success at London, England.
03.02.2011: Naturalized Citizen.

Wife IR-1 Petition
09.01.2012: Met wife in Melbourne, Australia.
05.16.2013: Marriage Ceremony.
05.19.2013: I-130 Sent to Chicago Lockbox.
05.21.2013: I-130 Delivered at Chicago Lockbox. Routed to NBC.
05.24.2013: I-130 Fee Check Cashed.
05.28.2013: Notice of Action (NOA-1).

Adjustment of Status from B2 Vistior Visa

09.06.2013: I-485 sent with copy of I-130 and I-765.

09.07.2013: I-485 packet arrived Chicago Lockbox.

09.09.2013: I-485 packet accepted.

09.10.2013. I-485 and I-765 case numbers assigned, and check cashed.

09.10.2013: Notice of Action (NOA-1) for I-1485 arrived via email.

09.18.2013: Biometrics Fingerprints Appointment.

XX.XX.XXXX: Employment Authorization Card

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What country?

Did you try to send any explanation or did you just ignore the requirement?

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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Filed: Other Country: Australia
Timeline

What country?

Did you try to send any explanation or did you just ignore the requirement?

Country = Somalia.

We just got the yellow letter today, asking to submit the birth certificate.

So an explanation can suffice?

My IR-1 Consular Proccess
11.05.2005: Interview Success at London, England.
03.02.2011: Naturalized Citizen.

Wife IR-1 Petition
09.01.2012: Met wife in Melbourne, Australia.
05.16.2013: Marriage Ceremony.
05.19.2013: I-130 Sent to Chicago Lockbox.
05.21.2013: I-130 Delivered at Chicago Lockbox. Routed to NBC.
05.24.2013: I-130 Fee Check Cashed.
05.28.2013: Notice of Action (NOA-1).

Adjustment of Status from B2 Vistior Visa

09.06.2013: I-485 sent with copy of I-130 and I-765.

09.07.2013: I-485 packet arrived Chicago Lockbox.

09.09.2013: I-485 packet accepted.

09.10.2013. I-485 and I-765 case numbers assigned, and check cashed.

09.10.2013: Notice of Action (NOA-1) for I-1485 arrived via email.

09.18.2013: Biometrics Fingerprints Appointment.

XX.XX.XXXX: Employment Authorization Card

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No, an explanation won't suffice, I am just wondering why you didn't think a lack of BC wouldn't be a problem. Did you mention that Somalia was the birth country or just note mention it at all?

Lots of effort to go fast fast might trip you up. Hopefully not.

DOS says nothing is available from Somalia. http://travel.state.gov/visa/fees/fees_5455.html?cid=9738#docs

I believe that you can write up an attestation of birth written by witnesses to the birth (mother, father, etc) but I might ask a lawyer or at least make infopass to get the details.

How did your wife get Australian citizenship? Is there any record of her being Somali in any refugee documents or the like? Maybe that could help in filling in he gaps too.

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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Share on other sites

You could try sending in a letter of explanation, possibly mention the information in http://www.refworld.org/docid/3ae6a6a218.html although there is no guarentee it will satisfy the RFE.

Is your wife in contact with her parents or any relatives that would have been present at her birth? If so could they could write a letter attesting her birth and have it notarized as a sworn statement.

Is your wife an Australian Citizen, how did she end up there? Perhaps there is some paper trail there that could provide something helpful.

Edited by jerni

AOS: Applied 9/16/13 - Approved 1/18/14 (122 days)

6/28/2013 - DOMA struck down!
7/21/2013 - Married
9/16/2013 - AOS package mailed (I-130/I-485/I-765)
9/24/2013 -(day 06)Texts/Emails received
9/24/2013 -(day 06)Check cashed
9/27/2013 -(day 09)Hardcopy NOAs received in mail (x3)
9/30/2013 -(day 12)Biometrics Appointment Notice I-797c
10/04/2013 -Successful biometrics walk-in
11/19/2013 -(day 62)Online status changed to Testing & Interview
11/21/2013 -(day 64)EAD approval/card production ordered (2 emails)
11/29/2013 -(day 72)EAD arrived
12/16/2013 -(day 89)Hard-copy of interview notice arrived
01/16/2014 -(day120)AOS Interview - Approved!!
01/18/2014 -(day122)Email stating I-485 card production ordered (8:15am)
01/22/2014 -(day126)Emails stating I-130/I-485 approval notices sent
01/27/2014 -(day131)Green Card arrived along with hard copies of I-130 and I-485 approval notices

ROC:

10/19/2015 - I-751 package mailed

10/21/2015 - Package received by USCIS

10/22/2015 - NOA (received in the mail 10/26/2015 check cashed 10/27/2015)

11/07/2015 - Received Biometrics appointment notice (dated 10/31/2015)

11/18/2015 - Biometrics appointment

08/31/2016 - Online status changed to new card ordered

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Filed: Other Country: Australia
Timeline

No, an explanation won't suffice, I am just wondering why you didn't think a lack of BC wouldn't be a problem. Did you mention that Somalia was the birth country or just note mention it at all?

Lots of effort to go fast fast might trip you up. Hopefully not.

DOS says nothing is available from Somalia. http://travel.state.gov/visa/fees/fees_5455.html?cid=9738#docs

I believe that you can write up an attestation of birth written by witnesses to the birth (mother, father, etc) but I might ask a lawyer or at least make infopass to get the details.

How did your wife get Australian citizenship? Is there any record of her being Somali in any refugee documents or the like? Maybe that could help in filling in he gaps too.

Wife got Australian citizenship because that's where her parents immigrated to when she was at the age of 5. Her father passed away not long after, and her mom is still in Australia and doesn't have any documents to proof my wife's birth certificate.

Infopass might be the best option at this point.

My IR-1 Consular Proccess
11.05.2005: Interview Success at London, England.
03.02.2011: Naturalized Citizen.

Wife IR-1 Petition
09.01.2012: Met wife in Melbourne, Australia.
05.16.2013: Marriage Ceremony.
05.19.2013: I-130 Sent to Chicago Lockbox.
05.21.2013: I-130 Delivered at Chicago Lockbox. Routed to NBC.
05.24.2013: I-130 Fee Check Cashed.
05.28.2013: Notice of Action (NOA-1).

Adjustment of Status from B2 Vistior Visa

09.06.2013: I-485 sent with copy of I-130 and I-765.

09.07.2013: I-485 packet arrived Chicago Lockbox.

09.09.2013: I-485 packet accepted.

09.10.2013. I-485 and I-765 case numbers assigned, and check cashed.

09.10.2013: Notice of Action (NOA-1) for I-1485 arrived via email.

09.18.2013: Biometrics Fingerprints Appointment.

XX.XX.XXXX: Employment Authorization Card

Link to comment
Share on other sites

Filed: Other Country: Australia
Timeline

You could try sending in a letter of explanation, possibly mention the information in http://www.refworld.org/docid/3ae6a6a218.html although there is no guarentee it will satisfy the RFE.

Is your wife in contact with her parents or any relatives that would have been present at her birth? If so could they could write a letter attesting her birth and have it notarized as a sworn statement.

Is your wife an Australian Citizen, how did she end up there? Perhaps there is some paper trail there that could provide something helpful.

Wife has an aunt in the US that could attest for her place of birth. There is also an uncle of hers that can do the same if the aunt is not enough.

She ended up in Australia because there was a civil war in Somalia, so her parents filed for asylum to Australia. She got Australian citizenship through naturalization.

Edited by Mo007

My IR-1 Consular Proccess
11.05.2005: Interview Success at London, England.
03.02.2011: Naturalized Citizen.

Wife IR-1 Petition
09.01.2012: Met wife in Melbourne, Australia.
05.16.2013: Marriage Ceremony.
05.19.2013: I-130 Sent to Chicago Lockbox.
05.21.2013: I-130 Delivered at Chicago Lockbox. Routed to NBC.
05.24.2013: I-130 Fee Check Cashed.
05.28.2013: Notice of Action (NOA-1).

Adjustment of Status from B2 Vistior Visa

09.06.2013: I-485 sent with copy of I-130 and I-765.

09.07.2013: I-485 packet arrived Chicago Lockbox.

09.09.2013: I-485 packet accepted.

09.10.2013. I-485 and I-765 case numbers assigned, and check cashed.

09.10.2013: Notice of Action (NOA-1) for I-1485 arrived via email.

09.18.2013: Biometrics Fingerprints Appointment.

XX.XX.XXXX: Employment Authorization Card

Link to comment
Share on other sites

What did you do in the initial package, to address this issue?

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

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

Link to comment
Share on other sites

Filed: Other Country: Australia
Timeline

What did you do in the initial package, to address this issue?

To be honest, I think that's where we failed to address this - which lead to the RFE.

My IR-1 Consular Proccess
11.05.2005: Interview Success at London, England.
03.02.2011: Naturalized Citizen.

Wife IR-1 Petition
09.01.2012: Met wife in Melbourne, Australia.
05.16.2013: Marriage Ceremony.
05.19.2013: I-130 Sent to Chicago Lockbox.
05.21.2013: I-130 Delivered at Chicago Lockbox. Routed to NBC.
05.24.2013: I-130 Fee Check Cashed.
05.28.2013: Notice of Action (NOA-1).

Adjustment of Status from B2 Vistior Visa

09.06.2013: I-485 sent with copy of I-130 and I-765.

09.07.2013: I-485 packet arrived Chicago Lockbox.

09.09.2013: I-485 packet accepted.

09.10.2013. I-485 and I-765 case numbers assigned, and check cashed.

09.10.2013: Notice of Action (NOA-1) for I-1485 arrived via email.

09.18.2013: Biometrics Fingerprints Appointment.

XX.XX.XXXX: Employment Authorization Card

Link to comment
Share on other sites

To be honest, I think that's where we failed to address this - which lead to the RFE.

So nothing? Did you mention she was born in Somalia at all? if you had done that, then you could know if that would be good enough.

So now you can try affidavits from the mom and aunt, but one of your chances to see if it works is already used up. For that reason, I would contact an attorney or make infopass, or both. Good luck.

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

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

Link to comment
Share on other sites

Filed: Other Country: Australia
Timeline

So nothing? Did you mention she was born in Somalia at all? if you had done that, then you could know if that would be good enough.

So now you can try affidavits from the mom and aunt, but one of your chances to see if it works is already used up. For that reason, I would contact an attorney or make infopass, or both. Good luck.

We did note in the forms that my wife was born in Somalia. I guess that was not enough.

We will work on the infopass.

My IR-1 Consular Proccess
11.05.2005: Interview Success at London, England.
03.02.2011: Naturalized Citizen.

Wife IR-1 Petition
09.01.2012: Met wife in Melbourne, Australia.
05.16.2013: Marriage Ceremony.
05.19.2013: I-130 Sent to Chicago Lockbox.
05.21.2013: I-130 Delivered at Chicago Lockbox. Routed to NBC.
05.24.2013: I-130 Fee Check Cashed.
05.28.2013: Notice of Action (NOA-1).

Adjustment of Status from B2 Vistior Visa

09.06.2013: I-485 sent with copy of I-130 and I-765.

09.07.2013: I-485 packet arrived Chicago Lockbox.

09.09.2013: I-485 packet accepted.

09.10.2013. I-485 and I-765 case numbers assigned, and check cashed.

09.10.2013: Notice of Action (NOA-1) for I-1485 arrived via email.

09.18.2013: Biometrics Fingerprints Appointment.

XX.XX.XXXX: Employment Authorization Card

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Share on other sites

 
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