RFE on I-130 for wife's daughter

[MarcRosie]

Ok...wife filed the 130 for her daughter. We got an RFE and they had made a mistake on it and put someone else's name on it. Called USCIS and talked with an ISO. He said just send it back with a letter telling of the mistake and he felt that the RFE was sent because of this. We did so. Got another RFE. It said the same thing the other one did, that the Notarial Birth Certificate for her daughter was not enough proof and that more evidence had to be sent. Here's where we need help.

 

We have a variety of papers that show her daughter's address as the same as her mothers.

 

Many photos that show both of them as they went through the years from birth to present (daughter now 22 years old).

 

We have the Household registry that shows her daughter lives there along with my wife's mother and father. Date listed on the bottom says 2003.

 

We also have a copy of her K-2 visa that she was given and you would think it would without doubt prove that she was her mother's daughter as how else can you get one. Should we send a copy of this with an explanation that our attorney made a monster mistake and said it was OK for her to come to the USA to visit on the K-2, go back to China and then she could come back again when the biometrics were required. WRONG! Long story there. SAid he had done 100 visas and never had a problem. Nuff said.

 

Police records that show she has never been in trouble and her mom's address given as her address.

 

But that's all we have. As some may know, records in China are not that easy to get and when you do they are Notarial and not copies of the original or the original. And of course anything generated for the purpose of resolving RFE's can not be used to take care of an RFE as it suggests you just made them to specifically take care of the RFE.

 

The wife wants to get an attorney. I've been burnt too bad by the last one and also horror stories of otehrs that have had more problems than the attorney was worth.

 

What are you peoples thougths! Thanks for listening!

 

Rosie and Marc

[dnoblett]

Since there is a miss match of name on the RFE, and the prior one was the same, I would schedule an info pass appointment at field office and discuss this face to face.

 

Someone has info messed up.

 

http://infopass.uscis.gov/

[Randy W]

 

 

. . .

 

 

But that's all we have. As some may know, records in China are not that easy to get and when you do they are Notarial and not copies of the original or the original. And of course anything generated for the purpose of resolving RFE's can not be used to take care of an RFE as it suggests you just made them to specifically take care of the RFE.

 

. . .

 

 

It's unclear what you're thinking here. A birth certificate is a birth certificate, even if it comes from China.

 

If you need to generate a birth certificate to take care of an RFE, you get the standard Chinese notarial format - specifically to take care of the RFE. Anything else would simply invite another RFE.

Edited August 5, 2013 by Randy W (see edit history)

[MarcRosie]

Since there is a miss match of name on the RFE, and the prior one was the same, I would schedule an info pass appointment at field office and discuss this face to face.

 

Someone has info messed up.

 

http://infopass.uscis.gov/

The name was changed. It now shows her daughter's name in both spots on the RFE.

[MarcRosie]

 

 

 

. . .

 

 

But that's all we have. As some may know, records in China are not that easy to get and when you do they are Notarial and not copies of the original or the original. And of course anything generated for the purpose of resolving RFE's can not be used to take care of an RFE as it suggests you just made them to specifically take care of the RFE.

 

. . .

 

 

. . .

 

But that's all we have. As some may know, records in China are not that easy to get and when you do they are Notarial and not copies of the original or the original. And of course anything generated for the purpose of resolving RFE's can not be used toc . . .

 

 

It's unclear what you're thinking here. A birth certificate is a birth certificate, even if it comes from China.

 

If you need to generate a birth certificate to take care of an RFE, you get the standard Chinese notarial format - specifically to take care of the RFE. Anything else would simply invite another RFE.

 

The RFE states that the Notarial Birth Certificate was issued 19 years after her birth. Thus more evidence is required to prove that my wife is indeed her mother. We already sent the Notarial Birth Certificate in when the 130 was submitted. The Notarial Birth Certificate is what caused the RFE. They said it was done 19 years after her birth.

[MarcRosie]

I would love to go for an Infopass, but is this possible? If they are stating that the Notarial Birth Certificate is insufficient (it's the official form directly from the office in Chengdu stamped and everything) can we go to the Infopass, show them this and other papers that support it and get this resolved?

[MarcRosie]

On the Infopass page for the USCIS it says these are the only reasons they'll allow a appointment...

 

Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.

 

Also could we go to a local office to do this (if we can do this)? Live in Wisconsin.

Edited August 5, 2013 by MarcRosie (see edit history)

[MarcRosie]

Called USCIS and spoke with a Level 2 ISO. I explained everything about the Notarial Birth Certificate. She said to write a letter explaining this so whoever is working on the case understands that this is what's available to people in China. But if you research, Notarial Birth Certificates by themselves are not sufficient to prove a parent/daughter relationship. Secondary evidence is required. At least now. In the I-130 instructions it states all you need to send in is the birth certificate. Not true. She said to send anything we had to support that it is a true relationship. I asked about a copy of the K-2 her daughter had been issued and she said "YES!"...but it makes me nervous. Makes an IO possibly question why we would be going the 130 route instead of just using the K2, even though I explained (in the letter we're sending) the mis-information our attorney had given us and thus ruined that opportunity. What are anyone's thoughts on that. Send a copy of the K2 (which 'proves' she is my wife's daughter) or not. Thanks

[dnoblett]

I have seen some cases where the consulate demanding a DNA test, but only at the time of visa interview. The birth cert should be sufficient especially considering that the consulate accepted it in the prior K-1/K-2 visa case.

[Randy W]

I would love to go for an Infopass, but is this possible? If they are stating that the Notarial Birth Certificate is insufficient (it's the official form directly from the office in Chengdu stamped and everything) can we go to the Infopass, show them this and other papers that support it and get this resolved?

 

Yes - that's exactly what they're asking you to do. You may be correct that they are misinterpreting the birth certificate, but they are definitely asking for more evidence. Either way, a face to face meeting should straighten this out.

 

Don't over-think yourself into a hole.

[Randy W]

Birth certificates are almost always recently issued and NOT copies of something issued at birth. They need to take official documents for what they are. A birth certificate issued yesterday is still an official document.

Edited August 6, 2013 by Randy W (see edit history)