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montgomery

Filing for AOS without birth certificate

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Here is the back story.......Wife came here on a K1 visa from Peru. She had a birth certificate, original and copies. My wife gave the original to the folks at the embassy in Peru that interviewed her because they requested a copy of it and the copies she had were eaten by her pet kitten. She was left with no birth certificate or copy. She made no effort to get a new birth certificate while in Peru. She kept this information from me until now because she did not want to upset me. Foolish and irresponsible on her part, but enough about that.

 

I am now ready to send off the AOS application, but come to find out the birth certificate is missing. The medical  part of the application is set to expire in about a month so I am in a bit of a hurry to get the application on it's way.

 

We have a friend in Peru that is willing to go to the municipal in the town where she was born to get her birth certificate then scan and e-mail it to us, then mail us the original, but there is no guarantee they will give it to him. Worst case scenario is that they don't. She is not in the Peruvian "Reniec" system (vending machines that dispense birth certificates, marriage licenses etc.).

 

In the event that they do not give out friend the birth certificate, what is my best plan of action here considering that I need / want to get the application out the door no later than 4 weeks from now?

 

Affidaivits plus an explanation instead of a birth certificate?

 

Thank you and good day :)

Edited by montgomery

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8 minutes ago, montgomery said:

Here is the back story.......Wife came here on a K1 visa from Peru. She had a birth certificate, original and copies. My wife gave the original to the folks at the embassy in Peru that interviewed her because they requested a copy of it and the copies she had were eaten by her pet kitten. She was left with no birth certificate or copy. She made no effort to get a new birth certificate while in Peru. She kept this information from me until now because she did not want to upset me. Foolish and irresponsible on her part, but enough about that.

 

I am now ready to send off the AOS application, but come to find out the birth certificate is missing. The medical  part of the application is set to expire in about a month so I am in a bit of a hurry to get the application on it's way.

 

We have a friend in Peru that is willing to go to the municipal in the town where she was born to get her birth certificate then scan and e-mail it to us, then mail us the original, but there is no guarantee they will give it to him. Worst case scenario is that they don't. She is not in the Peruvian "Reniec" system (vending machines that dispense birth certificates, marriage licenses etc.).

 

In the event that they do not give out friend the birth certificate, what is my best plan of action here considering that I need / want to get the application out the door no later than 4 weeks from now?

 

Affidaivits plus an explanation instead of a birth certificate?

 

Thank you and good day :)

In any case, I think you will be given an RFE asking for the birth certificate. You can include an affidavit of loss and an explanation of what happened but I think that would not be enough for USCIS. Because if you were able to produce one for the K1 application, you should be able to have one for the AOS application.

 

If the medical report is expiring soon, it would be best to include a form I-693 (which is signed by a civil surgeon). The medical report should still be valid I think by the time of interview and I don't think you will be able to have the interview within a month of submission.

 

If I were you, I would wait for the birth certificate from the municipal office. Is there no online service where you can request for the birth certificate and have it mailed in your US address?

Edited by audacieux89

-=AOS/EAD/AP TImeline=-

Sept. 7, 2017 - Marriage

Oct. 6, 2017 - Case Received

Oct. 10, 2017 - Biometrics Fee Received/ NOA1 E-receipt notification received

Nov. 9, 2017 - Biometrics Appointment

Dec. 20, 2017 - EAD/AP approved

Jan. 4, 2018 - "Interview is being scheduled"

 

Spoiler

 

-=K1 Timeline=-

Nov. 14, 2016 I-129F sent

May 30, 2017 INTERVIEW *Approved!*

June 2, 2017 Visa Issued

June 5, 2017 Visa on hand

August 8, 2017 POE SFO 

 

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She will absolutely need her birth certificate. Hopefully it's a part of the package she dropped off at the POE, however, they will likely request another one. They will either issue an RFE where they ask you to send it in to complete the case, or they will ask you to bring it to the interview. 


K-1: 12-22-2015 - 09-07-2016 (260 days)

AP: 12-20-2016 - 04-07-2017 (108 days)

EAD: 01-18-2017 - 05-30-2017 (132 days)

AOS: 12-20-2016 - 07-26-2017 (217 days)

 

ROC: 04-19-2019 earliest filing date

 

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When I say affidavit I am referring to family that have first hand knowledge of her birth and them signing a notarized form. It was my understanding that this in some cases can be a suitable substitute for a birth certificate.

 

I 693 is said and done.

 

The vaccinations given to her at her medical appointment in peru before her K1 interview are set to expire soon and I don't want to have to pay to do all of THAT over again. This is what I am referring to when I say the medical is set to expire.

Edited by montgomery

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6 minutes ago, audacieux89 said:

The medical report should still be valid I think by the time of interview and I don't think you will be able to have the interview within a month of submission.

A K1 medical from overseas is valid until a decision is made on the i485 as long as it is submitted for the AOS within a year of being performed.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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7 minutes ago, montgomery said:

The vaccinations given to her at her medical appointment in peru before her K1 interview are set to expire soon and I don't want to have to pay to do all of THAT over again. This is what I am referring to when I say the medical is set to expire.

Did she have her medical almost a year ago?

 

7 minutes ago, Suss&Camm said:

A K1 medical from overseas is valid until a decision is made on the i485 as long as it is submitted for the AOS within a year of being performed.

So if OP submits AOS application before medical expires, and without birth certificate then would that be better than waiting to have the birth certificate on hand? Because I am almost 100% that OP will receive RFE for not including the birth certificate in the application.

 

@montgomery can try considering these options.

Edited by audacieux89

-=AOS/EAD/AP TImeline=-

Sept. 7, 2017 - Marriage

Oct. 6, 2017 - Case Received

Oct. 10, 2017 - Biometrics Fee Received/ NOA1 E-receipt notification received

Nov. 9, 2017 - Biometrics Appointment

Dec. 20, 2017 - EAD/AP approved

Jan. 4, 2018 - "Interview is being scheduled"

 

Spoiler

 

-=K1 Timeline=-

Nov. 14, 2016 I-129F sent

May 30, 2017 INTERVIEW *Approved!*

June 2, 2017 Visa Issued

June 5, 2017 Visa on hand

August 8, 2017 POE SFO 

 

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Just now, audacieux89 said:

Did she have her medical almost a year ago?

Yes, almost a year ago.

 

If I send the aos after the 1 year mark, I have to pay for all of the vaccinations to be done again.....spendy. Trying to avoid that.

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1 minute ago, audacieux89 said:

Did she have her medical almost a year ago?

 

So if OP submits AOS application before medical expires, and without birth certificate then would that be better than waiting to have the birth certificate on hand? Because I am almost 100% that OP will receive RFE for not including the birth certificate in the application.

Yes, it might be, and yes they will definitely get an rfe for the bc.

 


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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Just now, montgomery said:

Yes, almost a year ago.

 

If I send the aos after the 1 year mark, I have to pay for all of the vaccinations to be done again.....spendy. Trying to avoid that.

Yes the medical report will be expired after the 1 year mark and will need to have it done all over again to include in the AOS application. 

 

I believe if applicant has vaccination record of all the shots she already has, maybe the civil surgeon will consider that and not have everything done again? Try looking at previous posts with a similar case to yours. :)


-=AOS/EAD/AP TImeline=-

Sept. 7, 2017 - Marriage

Oct. 6, 2017 - Case Received

Oct. 10, 2017 - Biometrics Fee Received/ NOA1 E-receipt notification received

Nov. 9, 2017 - Biometrics Appointment

Dec. 20, 2017 - EAD/AP approved

Jan. 4, 2018 - "Interview is being scheduled"

 

Spoiler

 

-=K1 Timeline=-

Nov. 14, 2016 I-129F sent

May 30, 2017 INTERVIEW *Approved!*

June 2, 2017 Visa Issued

June 5, 2017 Visa on hand

August 8, 2017 POE SFO 

 

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1 minute ago, montgomery said:

Yes, almost a year ago.

 

If I send the aos after the 1 year mark, I have to pay for all of the vaccinations to be done again.....spendy. Trying to avoid that.

Vaccinations don't need to be redone unlessit's one that's up for a booster. You still have the evidence of the vaccines being done.  You'd need the new medical, including the transcription of the vaccines onto it.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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21 hours ago, montgomery said:

Here is the back story.......Wife came here on a K1 visa from Peru. She had a birth certificate, original and copies. My wife gave the original to the folks at the embassy in Peru that interviewed her because they requested a copy of it and the copies she had were eaten by her pet kitten. She was left with no birth certificate or copy. She made no effort to get a new birth certificate while in Peru. She kept this information from me until now because she did not want to upset me. Foolish and irresponsible on her part, but enough about that.

 

I am now ready to send off the AOS application, but come to find out the birth certificate is missing. The medical  part of the application is set to expire in about a month so I am in a bit of a hurry to get the application on it's way.

 

We have a friend in Peru that is willing to go to the municipal in the town where she was born to get her birth certificate then scan and e-mail it to us, then mail us the original, but there is no guarantee they will give it to him. Worst case scenario is that they don't. She is not in the Peruvian "Reniec" system (vending machines that dispense birth certificates, marriage licenses etc.).

 

In the event that they do not give out friend the birth certificate, what is my best plan of action here considering that I need / want to get the application out the door no later than 4 weeks from now?

 

Affidaivits plus an explanation instead of a birth certificate?

 

Thank you and good day :)

the other option would be to hire a lawyer in Peru that can obtain the birth certificate in your wife's name.


  • sending I130 05/16/2007
  • cheque is cashed on 06/11/2007
  • NOA1 in mail 06/13/2007 (who said 13 is badluck )
  • 07/30/2007 After no touches and no other signs we just got an email with the APPROVAL of I130....Thank God !....now what ?

  • 08/07/2007 Case received by NVC and case number assigned :))

  • 08/13/2007 DS3032 and AOS bill were generated

  • 08/14/2007 Emailed choice of agent ...i'm so curious when they will accept it...hopefully soon

  • 08/21/2007 DS3032 and AOS fee bill arive in mail

  • 08/27/2007 paid AOS fee bill
  • 8/28/2007 DS3032 choice of agent accepted
  • 9/3/2007 IV fee bill generated

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