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I485 Rfe Birth And Marriage Certificate

Discussion in 'Immigrant labor certifications (PERM)' started by uma, Nov 13, 2014.

  1. uma

    uma New Member

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    I have received the below RFE, please help

    1. You indicate that your first name is SUBASH. However, your birth certificate indicates that your first name is SUBHASH. Please explain and submit additional documentation in support of your claim.

    PLEASE NOTE: Failure to submit sufficient evidence of name as listed on I-485 may result in your documents reflecting the name as listed on your birth certificate. Affidavits or copies of the personal pages of your passport are not sufficient to establish a legal name change. Personal statements are self-serving and are also not acceptable. Court documents submitted as evidence of name change must have been registered with the proper civil authority.

    For 1, is it okay to submit a new birth certificate with the correct first name? should I be providing an explanation? Should i submitting any court documents? Can I also include affidavits from parents and an uncle?

    2. Submit a copy of your marriage certificate which has been registered with the proper civil authorities of the country in which you were married.

    For 2, attached is the copy of marriage certificate that was submitted to USCIS. This was the registered certificate with proper civil authorities, what is the RFE looking for? And also, marriage certificate denotes SUBHASH, should we correct this and send even though RFE did not exactly mention the name as an issue?

    Can you please advise.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You need to provide them with whatever official documents you have as to the correct name. If not, they will use the name on the BC. What kinds of evidence do you have?

    As for the marriage certificate, I have no idea as to what they want.
     
  3. uma

    uma New Member

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    Hi Ron,
    In India, when the officer was writing the Birth certificate, he was translating the name from my local language to English and did the mistake. He can correct the birth certificate and also provide a letter that it was a mistake at their end. Would that be sufficient? Can we explain this as cultural difference? And thats the reason it happened on marriage certificate as well.

    For Subash, Birth, 10th and Inter certificates state the name as SUBHASH
    Later on in his engineering the name was changed to SUBASH which got carried to passport and to all subsequesnt documents.

    When doing the marriage certificate, the registrar saw the 10th certificate which was considered as proof of age in India and that is how name ended up as SUBHASH in marriage certificate.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    A correction from a government official would be perfect. That should solve everything.
     
  5. uma

    uma New Member

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    Thanks for the prompt reply Ron.

    Govt official will provide the corrected birth certificate. Should the official be providing the reason for mistake? Or should we be providing that? or can the explanation be ignored?
    As secondary evidence, can we include affidavits from subash mom, dad and uncle?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    A corrected BC will do the trick. You can also submit affidavits.
     
  7. useitforemail

    useitforemail New Member

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    Ron,
    i received an RFE for my son's 485 application based on his birth certificate. On his birth certificate , my name ie fathers name is written as P.Prasada Rao (p is my surname and not written completely). in my passport, i have my full name like Polugar Prasada Rao. In my son's passport , my full name ie Polugar Prasada Rao is written under Fathers name section. What is the right way and what documents can i attach as evidence for this RFE?

    RFE wordings :
    to establish the relationship you claim with the principal applicant PrasadaRao Polugar, you mush submit a copy of your birth certificate listing your parentage which has been registered with the proper civil authorities of the country of your birth.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can ask the authorities to amend his birth record to show your full name. You can also try explaining the situation to them.
     
  9. useitforemail

    useitforemail New Member

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    Thanks Ron for the quick reply. if the amending of the birth certificate takes time, can affidavits from grandfather and mother suffice the RFE?
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Affidavits should work.
     
  11. useitforemail

    useitforemail New Member

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    Thanks Ron for the quick reply. you are awesome.
     
  12. useitforemail

    useitforemail New Member

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    my name as per the educational certs are like "P.Prasada Rao" and in passport, its like full name "Polugar Prasada Rao" . In order to say that the two names belongs to the same person, what evidence can i show or have if i get an RFE for my application with USCIS? do i need to have any letter from local civil authorities (municipalities... as i am from India) or will an affidavit from my father and mother stating that , i am their biological son and the two names represents me or same (one with initials and one with expanded) ?
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    An affidavit from your parents should be sufficient.
     
  14. useitforemail

    useitforemail New Member

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    Thanks Ron. again you are quick . Good attorney. i wish all attorneys are like you.....
     
  15. viji

    viji Junior Member

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    Hi Ron,

    Thanks for all your clarification. Sorry for detailed reply but would like to get ur expert advice before sending.
    1. My Son's Birth certificate has AAAAA B and the passport has AAAAA BBBBB.
    I am submitting the supporting documents Is it better to submit the Affidavits from parents (ie me and my husband ) to avoid RFE.
    Event parents name is with initials in his birth certificate. Can I address everything in same affidavit?

    2. Similarly my Birth certificate also has AAAAA B and the passport has AAAAA BBBBB.
    Is it better to submit the Affidavits fro my parents to avoid RFE.

    3. My husband does not have birth certificate. So we are submitting NAC, educational certificates and Affidavit from father and uncle.
    His name is also in AAAAA B C which is same in educational certificates but expanded in Passport as AAAAA BBBBB CCCCC

    So proactively submitting affidavits for my son and Myself (point no 1 and 2) along with husband affidavit which is mandatory will cause any issue. Or shd I just wait for RFE. I don;t want to waste time as my PD is current and this is CP so sending documents to NVC.
     

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