CBP kept my husband's birth certificate and now CIS has lost it!

[J+H 10]

At the POE, the CBP officer told my then-fiance that it was standard practice for CBP to keep K-1 arrivals' birth certificates and forward them on to CIS. Now we have an RFE because his birth certificate is "missing".

My husband called the NBC and had an infopass appointment at our local office. In both cases, one agent said that CBP would never do that and then another confirmed that it is normal practice but they don't have his birth certificate.

We've already received and sent off a certified copy, but I'm curious whether others have had this experience? Why would anyone think that these two agencies are capable of coordinating such a critical document transfer?!

Thanks.

[VOL 425]

I have never heard of them asking for BC at K1 arrival at POE.

I do know for sure they don't know immigration policy or customs, I flew into POE with my wife, they told us to go to our local Dallas Office and file for AOS in person there.

Edited April 13, 2015 by VOL

[Brian&Larissa 73]

2 government agencies actually working together? Wishful thinking!

CBP never sent, or lost, my wife's packet that was presented at POE, OR USCIS lost it. A mystery that CBP says was sent to USCIS and USCIS saying never received due to CBP never sending. I understand your frustration!

[Nich-Nick 3,353]

I don't even know how a separate birth certificate is part of POE. You give them an envelope of files and a passport. They hand back the passport and send your envelope to USCIS. Where did the birth certificate come up? Did he have it with him in his carry-on? My husband had no birth certificate on him at POE.

[Elizabeth+Fred 35]

I entered through Philadelphia, and just handed him "the envelope" and my passport. He said "ahh, my second

one today, great!", did some stuff, put everything in a red folder, and sent me to Secondary to have it "done".

No questions about anything, let alone BC

(yes, I had my entire file, AND all originals, in my carry-on backpack, just in case)

[J+H 10]

CBP took his entire envelope and seem to have lost the whole thing!

The only part that has been a problem is the birth certificate as we had many extra copies of the other documents.

[Nich-Nick 3,353]

CBP took his entire envelope and seem to have lost the whole thing!

The only part that has been a problem is the birth certificate as we had many extra copies of the other documents.

There seems to be some misunderstanding here. Your timeline and post make it sound like CBP sent your husband's birth certificate all by itself off to USCIS. Your husband should have been given back his original birth certificate at his interview in London. The original would not even be in the white envelope. It would be in his possession. The CBP would send the entire envelope off to USCIS. That is the procedure.

When you filed AOS, one of the required documents is a photocopy of his birth certificate. The USCIS does not rummage through your old files to find a previously submitted birth certificate. AOS is a new process and they require a full set of documents, even if it is something you have used in a previous process. If you got a request for initial evidence for documents, it was likely because you were supposed to send them with the application and and didn't. There is a new G-325A for example, even though you did one for the petition. The old one wouldn't be sufficient anyway. Tax returns and employer letters are repeats. Do you think that is what happened? Did you forget to put a photocopy of the birth certificate in your AOS application?

There are times when CBP sends the envelope off to the National Records Center and when they go to fetch it, it isn't located. Likely misfiled or somebody not trying hard enough, or the contractors who received your AOS didn't order it. If it is indeed lost, then the consequence is your medical report is lost and you will have to have another full medical by a Civil Surgeon before you can be approved. There is no reason why they don't have his birth certificate unless you didn't put it in your AOS application. That has nothing to do with CBP.