usaguy12

55 minutes ago, Damara said:

Have you read this-https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/IN.html

Thank you Damara,

My wife and her parent's state they they were not issued a birth certificate.  Due to this, we had obtained and pursued the option of using an affidavit, which is considered acceptable according to USA visa instructions.  Considering that we were married locally, in the USA, the marriage certificate should not be an issue.  We even paid an additional $10 for an official copy of our marriage certificate to submit.  Her married last name is different than her name mentioned on her birth affidavit.  This is because changing one's last name due to marriage is common, so I don't know why the USCIS is asking for the documents again?  I double checked, and verified that I submitted everything correctly.  I'm at a loss as to what they think was incorrect.

Birth Certificate section of provided link details the following:

In cases in which a birth certificate from authorities is unavailable or contains insufficient information regarding the birth or the parents, the following documents could be accepted as secondary evidence in lieu of the birth certificate:

• School-leaving certificate, Matriculation certificate or Certificate of Recognized Boards from the school last attended by the applicant; or, a baptismal certificate from a church.

OR

• If none of the above can be obtained; applicants may provide a notarized affidavit executed by either a parent, if living, or another close relative older than the applicant.  This affidavit should clearly state the relationship between the deponent and the applicant, how well the deponent knows the applicant, the date and place of the applicant's birth, the names of both parents, and any other related facts.

I'm an American citizen and my newlywed wife can on a K1.  We applied for AOS and my wife received a letter back for "Request for Initial/Additional Evidence".  I don't know what to do, because I already submitted the documents.  I have described below my best guess as to why I was asked for the information again.  Should I simply submit all three documents?  Or should I also type a letter explaining why the names appear to be slightly off. 

Here is what the letter asks for:

"Service records and information provided on you I-765 application conflict regarding the spelling of your name.  Please submit a copy of your birth/marriage certificate and a complete English translation if the document was not originally issues in English"

My wife was born in South India.  The state of Ootacamund did not issue birth certificates during that time.  We originally submitted the following three documents.

- Child Dedication (Stamped & Signed from local church where she was born)

- Birth Affidavit from Parents.  Signed and notarized, by the Government of Delhi.  (Where she was living, before moving to USA)

- Original copy of Marriage Certificate.  (Issued and certified by the local courthouse in USA, where we were married.)

After rereading the documents, I'm guessing that the USCIS did not understand how South Indian names work.

- The church's child dedication only states my wife's first, and middle name.  This is because it's customary to take her father's first name as her last name.

- The birth affidavit states my wife's first, middle, and last name.

- Our marriage certificate states her new last name, which is my last name.  She took my last name, which is customary in USA marriages.

My wife and I just got married under a K-1 Fiancee Visa.  I am an American citizen, and she's currently residing in my home in America.  Considering the recent change in Green Card procedure, on 06/26/2017, I have the following questions.  Please bear in mind that I am reading and researching everything and some updated findings appear to conflict with older advice on this forum.  Any help would be greatly appreciated.

Question # 1  -  Filing of G-325A & I-130:

Updated info looks to retract any need to file these.  Do I need to file these at all?

According to Page 4 of the Form I-485 Instructions (revised 06/26/2017), G-325A is no longer needed.

Source:  https://www.uscis.gov/i-485 

"Form G-325A, Biographic Information. Form G-325A is no longer required. You do not need to submit a separate
Form G-325A with this Form I-485. Parts 1. and 3. of this Form I-485 meet the requirements of 8 CFR 245.3(a)(3)(i) by
collecting the biographical information formerly required on Form G-325A."

According to this legal update on Nolo, form I-130A is needed.

Source:  http://www.nolo.com/legal-encyclopedia/uscis-requiring-new-supplemental-form-i-130a-for-spousal-visa-petitions.html

"Beginning on April 28, 2017, U.S. Citizenship and Immigration Services (USCIS) will require U.S. citizens or lawful permanent residents (green card holders) who are petitioning their spouse for a green card to add Form I-130A, Supplemental Information for Spouse and Beneficiary, to the visa petition packet. This does not replace Form I-130, but is in addition to it."

But according to the official USCIS website, they clearly state that a Form I-130 is not required for K-1 visas to earn their Green Card.

Source:  https://www.uscis.gov/greencard/fiancees

"Those applying based on K-1 or K-2 status will not need a Form I-130 filed on their behalf."

Question #2  -  Do I still need to see a Civil Surgeon for the completion of i-693?  It appears that the most recent information notes that a Civil Surgeon may not be required to sign off, as long as I have the DS-3025 which was completed by an approved doctor overseas.

Source:  https://www.uscis.gov/greencard/fiancees

"Even if a new medical examination is not required, you still must show proof that you have complied with the vaccination requirements. If the vaccination record (DS 3025) was not properly completed and included as part of the original, overseas medical examination report, you will have to have the vaccination report completed by a designated civil surgeon. In this case, you are required to submit Part 1, Information About You, Part 2, the vaccination chart, and Part 5, the Civil Surgeon's Certification, of Form I-693 (in an envelop sealed by the civil surgeon). Please see the instructions for Form I-693 (PDF, 333 KB) for further information."

What is the best way to bring my fiance to America, in the least amount of time, using any possible route? She is a citizen of India with a B1 & B2 Visa. She has a bachelors degree in education.

I read that a K1 marriage visa may be the shortest route. We would rather not wait the 6 months for the paperwork to clear, before she permanently enters. (We can wait 3 months before she gets a job) Are there any possible alternatives, such as applying for another type of visa, then getting married, then being allowed to stay in America after marriage? She has family members that are American citizens.

Is it possible that an immigration lawyer could expedite the process?