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StevenCarmen

RFE Birth Certificate - wording and strategy

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Hi all. After three successful applications for my wife and two step children, I'm now doing the fourth, for our daughter who is now over 21. I filed in December of 2013 but then got an RFE in October 2014. We were traveling so I didn't actually see it until recently. I have a few weeks to get this together.

The RFE says:

"Delayed Registration

...submitted a birth certificate that has a delayed registration of approximately four years. As such, you are required to submit secondary evidence to establish ...relationship between the beneficiary and your spouse, the beneficiary's biological mother. Examples may include but is not limited to the following"

- it lists possible evidences here - hospital, midwife, school records etc. then adds:

Any document of evidence that will help to establish the relationship in question should be submitted for consideration. However, the only persuasive evidence will be documentation that indicates the child's parentage."

"In addition, all secondary evidence must be contemporaneous with the event(s) in question. Evidence that originated back when the child was young will be deemed more persuasive than evidence that was created as a result of this ...RFE.

If none of the above secondary evidence is available, you must first establish that such evidence is not available by submitting evidence of non-existence. After doing so, tertiary evidence, such as affidavits, may be submitted.

It then goes on to describe requirements for submitting affidavits, the tertiary evidence.

Finally,as a seperate category (I assume it would be primary evidence) it suggests DNA tests., which it names as an option, voluntary, It mentions that the lab will send the kit to the consulate/embassy overseas.

I can attach the RFE if anybody really wants to see it. Let me know.

NOW. Though I've successfully dealt with immigration and it's various agencies for three successful family-based PR visas so far, I'm still a bit stumped about some issues on this RFE;

Part of the problem is that we don't have so much more to offer than the birth certificate. We have family photos over the last ten years, but only one or two faded polaroids before that with a brother or sister. Cameras were rare at that time and place. We have a few school report cards naming the beneficiary and signed by her mother on the back. I can submit scans of those with both sides and her passport signature beside it. We have one school record from 2000 showing the list of students incribed in the primary with parents by their names. Finally, I have a2005 document from "Opportunidades" which is a welfare type program that lists the members of Carmen's family.

My questions are:

1) How does this evidence sound?

2) the cover letter says that failing to submit ALL evidence requested at one time may result in denial.

So, I should be thorough. Yet, the DNA test is expensive and probably not necessary with a valid (but 4 year delayed) BC and some secondary evidence.

3) The wording of the caution before the "tertiary" evidence of Affidavits complicates. It indicates that I first need to prove that I can't get any secondary evidence before submitting Affidavits. Thisis not true, I have some secondary evidence, and then how do you prove I can't get more ? I suspect this wording is boilerplate for situations where affidavits are used in leu of Birth Certificates, but this is merely a delayed but existing and good, BC.

So, do I get affidavits and risk breaking this rule, or do I just submit the somewhat weak secondary evidence I have and hope it's enough to fill in the gap?

4) Do I go for the expensive and complicated DNA test now, or can I simply suggest that if the evidence submitted is insufficient, we will be glad to get the test.

In the end, all of this hassle is so my daughter gets in the....what is it - 45 years? - line for a visa. Of course the law could change, quotas could be increased or recovered.

Thanks for any help with my complicated post!

Steve

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