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pzl007
08-31-2008, 02:08 PM
Hi,

I received an RFE on Aug 15 requesting to submit a copy of birth certificate showing my parentage, and in the absence of birth certificate, to submit non-availability certificate. I didn't have my BC when I filed 485, so I submitted two affidavits from my mom and one of our relatives, for the date shown on my school/college/passport documents.

Now on approaching the civil authorities in India, I found that there is a record in their database and that date is a month older than what is stated on all my school/college/passport documents. So civil authorities have denied a non-availability certificate (it can be given only if there is no record over one full year, for the year of birth), and for the first time I received my BC with the date registered with civil authorities.

My BC affidavits were given for the date given on my school records. It is almost not possible to get a non-availability certificate as there is a record in the database in the year of my birth.

Also, my attorney says the BC from Indian Consulate may not be accepted.

I have just two weeks to respond.

Would it help, if I now submit the birth certificate issued by the civil authorities, with the date different from the one shown on school records/passport and explain that date on that BC was wrong? Would it be considered towards just proving my parentage?

Would it help to provide any school,college records that have reference to my parents names and my birth date, and not to bring up the BC with the wrong the date at all?

Are there any other options? Any suggestions, ideas is appreciated.

Thanks!

gveerab
08-31-2008, 02:20 PM
I am not a lawyer, but one thing is sure don't confuse USCIS. They asked you to provide non-availability, if you can get one from India just submit that.
One thing you can do in India is submit an application with your DOB, parents name etc. Local Authorities can search the records and say no records available for this date for this guy. It's a logic they follow, but you know you need to manage the authorities in different way. Local officer can issue the certificate based on the logic, but you need to motivate somehow:-)


Hi,

I received an RFE on Aug 15 requesting to submit a copy of birth certificate showing my parentage, and in the absence of birth certificate, to submit non-availability certificate. I didn't have my BC when I filed 485, so I submitted two affidavits from my mom and one of our relatives, for the date shown on my school/college/passport documents.

Now on approaching the civil authorities in India, I found that there is a record in their database and that date is a month older than what is stated on all my school/college/passport documents. So civil authorities have denied a non-availability certificate (it can be given only if there is no record over one full year, for the year of birth), and for the first time I received my BC with the date registered with civil authorities.

My BC affidavits were given for the date given on my school records. It is almost not possible to get a non-availability certificate as there is a record in the database in the year of my birth.

Also, my attorney says the BC from Indian Consulate may not be accepted.

I have just two weeks to respond.

Would it help, if I now submit the birth certificate issued by the civil authorities, with the date different from the one shown on school records/passport and explain that date on that BC was wrong? Would it be considered towards just proving my parentage?

Would it help to provide any school,college records that have reference to my parents names and my birth date, and not to bring up the BC with the wrong the date at all?

Are there any other options? Any suggestions, ideas is appreciated.

Thanks!

insbaby
08-31-2008, 03:23 PM
Mm. Its a real confusion. Before you submit, you have to consult an expert, otherwise USCIS will be confused. Because upon request you are giving a BC with a different date.

Then the question will be popping why it was different in certificates OR how did your mom and a relative gave affidavits on a wrong date? The credibility of affidavits will be questioned.

We all know this is very common, as BCs were not given much importance by our parents 25 years back, so the dates going back and forth. But in this country everything goes by paper and evidence.

You have to search more and more on how to handle the situation.

srkamath
08-31-2008, 04:51 PM
withdrawn..............

meridiani.planum
08-31-2008, 07:17 PM
Many friends of mine for reasons i cannot understand have two different birth dates??? Especially people from one particular state in india. One is their real birth date, the other is a fake date on their birth cert and some school records??

Is this just a clerical error or is this dishonesty?? If your parents were dishonest - you have to pay for it now. Unfair but - it is NOT YOUR FAULT.

Remember in your defense - YOUR PARENTS CHEATED NOT YOU.

Your birth-date is what your patents declared. All the best fixing it.

why does it matter at this point if it is dishonesty or inaccuracy?? OP is facing a problem, has a 2-week deadline to respond to an RFE. Either you should provide suggestions and solutions, or just ignore this thread if you cant contribute +vely to it.


.... Especially people from one particular state in india.....
...YOUR PARENTS CHEATED NOT YOU...


comments like that are useless (or blatant attempt at trolling for flames)... Either help the poster, or keep quiet.. no need to show your supposed superior integrity here.

bombaysardar
08-31-2008, 11:02 PM
Many friends of mine for reasons i cannot understand have two different birth dates??? Especially people from one particular state in india. One is their real birth date, the other is a fake date on their birth cert and some school records??

Is this just a clerical error or is this dishonesty?? If your parents were dishonest - you have to pay for it now. Unfair but - it is NOT YOUR FAULT.

Remember in your defense - YOUR PARENTS CHEATED NOT YOU.

Your birth-date is what your patents declared. All the best fixing it.

Let's try to offer some constructive suggestions to a fellow IV ite...
Your remark "Especially people from one particular state in india." is uncalled for...
Peace

insbaby
09-01-2008, 02:20 AM
Remember in your defense - YOUR PARENTS CHEATED NOT YOU.


NO PARENTS IN THIS WORLD CHEAT THEIR CHILD,
whether it is from your state or any where in this world.

EVERY ACTION THEY TAKE IS TOWARDS THEIR CHILDREN WELFARE.

Don't advice anyone to TRADE PARENTS LOVE FOR A PIECE OF PLASTIC CARD.

kevinkris
09-01-2008, 08:27 AM
Hi pzl007,

Just ask for Non availability as the birth date is wrong.
Don't complicate the matter by taking wrong certificate.

Good luck.

kevinkris

Hi,

I received an RFE on Aug 15 requesting to submit a copy of birth certificate showing my parentage, and in the absence of birth certificate, to submit non-availability certificate. I didn't have my BC when I filed 485, so I submitted two affidavits from my mom and one of our relatives, for the date shown on my school/college/passport documents.

Now on approaching the civil authorities in India, I found that there is a record in their database and that date is a month older than what is stated on all my school/college/passport documents. So civil authorities have denied a non-availability certificate (it can be given only if there is no record over one full year, for the year of birth), and for the first time I received my BC with the date registered with civil authorities.

My BC affidavits were given for the date given on my school records. It is almost not possible to get a non-availability certificate as there is a record in the database in the year of my birth.

Also, my attorney says the BC from Indian Consulate may not be accepted.

I have just two weeks to respond.

Would it help, if I now submit the birth certificate issued by the civil authorities, with the date different from the one shown on school records/passport and explain that date on that BC was wrong? Would it be considered towards just proving my parentage?

Would it help to provide any school,college records that have reference to my parents names and my birth date, and not to bring up the BC with the wrong the date at all?

Are there any other options? Any suggestions, ideas is appreciated.

Thanks!

srkamath
09-01-2008, 03:09 PM
Sorry to have fueled some fire here - my post was badly written.

Here's what i meant.....
If you get an RFE for this ... don't worry, you are not at fault.

srkamath
09-01-2008, 03:12 PM
Let's try to offer some constructive suggestions to a fellow IV ite...
Your remark "Especially people from one particular state in india." is uncalled for...
Peace

Sorry, I didn't realize it was a nationwide problem.

Again - I'm only venting as i've been at the receiving end of this kind of a problem .. my school principal changed my middle NAME and my parent's middle names in my school records. Just because he thought it would benefit me......His intentions were good. i've been through a fair bit of problems because of this... I do sympathize with all those going through such issues.

MYGC2008
09-04-2008, 09:26 PM
Hello pzl007.

I am also in the same boat. I just got RFE on birth certificate.The RFE is for Non Availability of Birth Certificate.My birth Date on School certificates and Passport is different than what is shown on the Actual Birth Certificate. My parents are saying that they are not able to get the Non-Availability Certificate. Indian Officials are denying to issue non availablity certificate. What needs to be done? I need to respond within 20 days.
Could you able tell what did you do about your case? This will be helpful.

kumarc123
09-05-2008, 01:27 AM
Hi,

I received an RFE on Aug 15 requesting to submit a copy of birth certificate showing my parentage, and in the absence of birth certificate, to submit non-availability certificate. I didn't have my BC when I filed 485, so I submitted two affidavits from my mom and one of our relatives, for the date shown on my school/college/passport documents.

Now on approaching the civil authorities in India, I found that there is a record in their database and that date is a month older than what is stated on all my school/college/passport documents. So civil authorities have denied a non-availability certificate (it can be given only if there is no record over one full year, for the year of birth), and for the first time I received my BC with the date registered with civil authorities.

My BC affidavits were given for the date given on my school records. It is almost not possible to get a non-availability certificate as there is a record in the database in the year of my birth.

Also, my attorney says the BC from Indian Consulate may not be accepted.

I have just two weeks to respond.

Would it help, if I now submit the birth certificate issued by the civil authorities, with the date different from the one shown on school records/passport and explain that date on that BC was wrong? Would it be considered towards just proving my parentage?

Would it help to provide any school,college records that have reference to my parents names and my birth date, and not to bring up the BC with the wrong the date at all?

Are there any other options? Any suggestions, ideas is appreciated.

Thanks!



I had a similar problem, goto this webiste--- yourmaninindia.com


This was suggested to me by my lawyer, these people are local companies, who collect some information from you, they go to the specific department in India and get a copy issued for the birth certificate.
This website and the resources employed are honest and efficient, they charge about 100$.

Hope it helps
Good Luck

friend99
09-05-2008, 10:12 AM
Hi Kumarc123,

What should we ask the people at yourmanindia.com as we already got the BC which has one DOB and rest of all the documents from school certificate to visa have a different date, How did you solve your problem?

Thanks,

immitul
09-06-2008, 01:50 PM
Hi,

I got an RFE on my wife's case for producing the "oldest available evidence which establishes the birth and parentage".

We have submitted the BC that we took from Indian office last year, but seems USCIS is asking for the oldest available reference document. And obviously we all do not generally have the oldest BCs (at the time of birth etc.,).

Is any one on the same boat, and handled this issue ? Can u provide some inputs ?

Thanks.

RockyRocky
09-06-2008, 02:51 PM
Hi,

I got an RFE on my wife's case for producing the "oldest available evidence which establishes the birth and parentage".

We have submitted the BC that we took from Indian office last year, but seems USCIS is asking for the oldest available reference document. And obviously we all do not generally have the oldest BCs (at the time of birth etc.,).

Is any one on the same boat, and handled this issue ? Can u provide some inputs ?

Thanks.


Send the school records(7th,10th grade marks sheet all you could ), Affidavicts from parents and relatives.

immitul
09-08-2008, 10:50 AM
Send the school records(7th,10th grade marks sheet all you could ), Affidavicts from parents and relatives.

Rocky, thanks for the suggestion. My lawyer already sent the affidavits signed by both parents.

My wife has 7 & 10th school certificates, but in it, only father's name is there, but not mother's name. I hope they will not ask for further documents, which includes mother's name.

Thanks for the suggestion, once again.

hindu_king
10-10-2008, 04:39 PM
Rocky, thanks for the suggestion. My lawyer already sent the affidavits signed by both parents.

My wife has 7 & 10th school certificates, but in it, only father's name is there, but not mother's name. I hope they will not ask for further documents, which includes mother's name.

Thanks for the suggestion, once again.

Immitul, Did USCIS accept your submission? Is everything okay? I have the same situation - uscis is asking for "later registered" proofs of birth such as school records, census records etc that shows DOB and also father and mother's names. I have 10th certificate that shows only father's name. Is affidavit for non availability accepted? (It wasnt listed in the list of choices USCIS gave).

rick_rajvanshi
10-10-2008, 04:58 PM
Immitul, Did USCIS accept your submission? Is everything okay? I have the same situation - uscis is asking for "later registered" proofs of birth such as school records, census records etc that shows DOB and also father and mother's names. I have 10th certificate that shows only father's name. Is affidavit for non availability accepted? (It wasnt listed in the list of choices USCIS gave).

Non Availability certificate is issued by the office of Registrar ( Birth and Death ) Municipal Corpn of your area where you were born and you cannot just give this in a form of affidavit. It is called Form10 in India which is issued under 1969 Birth and Death act.

Once you have this - Now you can get affidavits from your parents ( all separate signature - separate affidavits ) and couple of more from your relatives ... These affidavits must include :

1.Your name
2.Your Date of Birth
3.Place of Birth
4.Your address at the time of Birth
5. Name of the Person signing affidavit
6.His / her Date of Birth
7. His /her address at the time your birth
8.His / her current address
9.His / her relation to you / your parents

This must be signed on a revenue paper of Rs. 20 and signed in front of notary


I was asked all these things in detail and also was asked to submit "original" non availability certificate along with "original" affidavits...I had submitted copies earlier.

you may just send notarized non availability certificate - but make sure you are sending them affidavits in original. So try to get 2 copies of each -Non availability certificate as well as affidavits

hindu_king
10-10-2008, 05:16 PM
Non Availability certificate is issued by the office of Registrar ( Birth and Death ) Municipal Corpn of your area where you were born and you cannot just give this in a form of affidavit. It is called Form10 in India which is issued under 1969 Birth and Death act.

Once you have this - Now you can get affidavits from your parents ( all separate signature - separate affidavits ) and couple of more from your relatives ... These affidavits must include :

1.Your name
2.Your Date of Birth
3.Place of Birth
4.Your address at the time of Birth
5. Name of the Person signing affidavit
6.His / her Date of Birth
7. His /her address at the time your birth
8.His / her current address
9.His / her relation to you / your parents

This must be signed on a revenue paper of Rs. 20 and signed in front of notary


I was asked all these things in detail and also was asked to submit "original" non availability certificate along with "original" affidavits...I had submitted copies earlier.

you may just send notarized non availability certificate - but make sure you are sending them affidavits in original. So try to get 2 copies of each -Non availability certificate as well as affidavits


Rick, So non availability certificate goes hand in hand with affidavit? Can I just submit an affidavit without a non availability certificate? (I dont think the registrar will issue a non-availability certificate in India because they do have my certificate available now)

rick_rajvanshi
10-10-2008, 05:20 PM
Rick, So non availability certificate goes hand in hand with affidavit? Can I just submit an affidavit without a non availability certificate? (I dont think the registrar will issue a non-availability certificate in India because they do have my certificate available now)


So if they have the certificate - what is the issue ? - Why are you not just submitting that certificate ? That is best evidence.

hindu_king
10-10-2008, 05:27 PM
So if they have the certificate - what is the issue ? - Why are you not just submitting that certificate ? That is best evidence.

Rick, I did submit the avialable birth certificates (for me and my wife). These were issued two years ago though, as we never had original birth certificates issued when we were born. USCIS, in the RFE is asking for additional proof as the birth certificates were "later registered". Choices given by USCIS included:

- Hospital records
- school records
- census records
- religious records

and they did not mention affidavits. my question is will they accept an affidavit as additional proof?

Thanks for your time!

rick_rajvanshi
10-10-2008, 05:37 PM
Rick, I did submit the avialable birth certificates (for me and my wife). These were issued two years ago though, as we never had original birth certificates issued when we were born. USCIS, in the RFE is asking for additional proof as the birth certificates were "later registered". Choices given by USCIS included:

- Hospital records
- school records
- census records
- religious records

and they did not mention affidavits. my question is will they accept an affidavit as additional proof?

Thanks for your time!


I think its best to send what they have asked for first and later on add any additional evidence such as affidavits etc. So Non availability does not apply to you because you have the certificate.

Was you Birth not registered at the time of Birth.
Normally there are 3 dates on Birth Certficates

1.Your Date of Birth
2.Date your birth was registered
3. Date on which the certificate was issues

If #2 ( Date - your date of birth was registered ) is late / recent then you have an issue and thats the reason IO is asking for additional evidence.


Best to send what he is asking for + additional affidavits from parents.

hindu_king
10-10-2008, 05:48 PM
I think its best to send what they have asked for first and later on add any additional evidence such as affidavits etc. So Non availability does not apply to you because you have the certificate.

Was you Birth not registered at the time of Birth.
Normally there are 3 dates on Birth Certficates

1.Your Date of Birth
2.Date your birth was registered
3. Date on which the certificate was issues

If #2 ( Date - your date of birth was registered ) is late / recent then you have an issue and thats the reason IO is asking for additional evidence.


Best to send what he is asking for + additional affidavits from parents.


Rick, You are right. Mine is #2. Problem is I dont have what they asked for. I do have 10th class marks memo etc that shows birthdate and my fathers name (but no mothers name. i dont think they show mother name anywhere in India). I guess I'll submit whatever I have and along with affidavits.

rick_rajvanshi
10-10-2008, 05:53 PM
Rick, You are right. Mine is #2. Problem is I dont have what they asked for. I do have 10th class marks memo etc that shows birthdate and my fathers name (but no mothers name. i dont think they show mother name anywhere in India). I guess I'll submit whatever I have and along with affidavits.

That also a reasonable strategy. Add as many docs with your birthdate + parent names as possible ( pan card , ration card , Xth etc) along with affidavits -Try getting some certificate from local priest / temple - easier in my opinion.

hindu_king
10-10-2008, 06:08 PM
That also a reasonable strategy. Add as many docs with your birthdate + parent names as possible ( pan card , ration card , Xth etc) along with affidavits -Try getting some certificate from local priest / temple - easier in my opinion.

Thanks buddy. I appreciate your help.

immitul
10-10-2008, 06:11 PM
Immitul, Did USCIS accept your submission? Is everything okay? I have the same situation - uscis is asking for "later registered" proofs of birth such as school records, census records etc that shows DOB and also father and mother's names. I have 10th certificate that shows only father's name. Is affidavit for non availability accepted? (It wasnt listed in the list of choices USCIS gave).

USCIS received the documents on 09/25/08 and same day the status changed to processing resumed.

hindu_king
10-10-2008, 06:29 PM
USCIS received the documents on 09/25/08 and same day the status changed to processing resumed.

Immitul, Thanks for your response. Did you send just the affidavits? It wasnt on my RFE's list of documents that I can submit, but I guess thats the only option I have. Was "affidavits" listed on your RFE as submittable?

Did you get your 485 approved after your process resumed?

hindu_king
10-14-2008, 01:03 PM
- Do we need to submit original affidavits or copies are fine?

- My wife has last year issued affidavits but were never submitted. Can we submit them or do they need to be latest?

rick_rajvanshi
10-14-2008, 01:29 PM
- Do we need to submit original affidavits or copies are fine?

- My wife has last year issued affidavits but were never submitted. Can we submit them or do they need to be latest?

submit the originals ..read my previous posts in this thread.. i was issued rfe for not submitting originals not only of affidavits but also for non availability certificate ...

old or new does not matter..

affidavits are as it is not difficult to get as they have to be signed by parents in front of notary

BRK
05-06-2009, 05:39 PM
Hi Kumarc123,

What should we ask the people at yourmanindia.com as we already got the BC which has one DOB and rest of all the documents from school certificate to visa have a different date, How did you solve your problem?

Thanks,

Is yourmanindia worthwhile/dependable?. Do they do the job?
I got a RFE to get non-availability certificate. Need this certificate from Patna,Bihar.
Any ideas on this website.

sunny1000
05-06-2009, 07:54 PM
Is yourmanindia worthwhile/dependable?. Do they do the job?
I got a RFE to get non-availability certificate. Need this certificate from Patna,Bihar.
Any ideas on this website.

Search this forum on that. I thought I read some posts that said that website is a scam. I might be wrong but, do a search.

GC_Optimist
05-06-2009, 09:58 PM
Is yourmanindia worthwhile/dependable?. Do they do the job?
I got a RFE to get non-availability certificate. Need this certificate from Patna,Bihar.
Any ideas on this website.

you can check saharacarehouse.com it belong to sahara group

shivarajan
05-06-2009, 10:21 PM
yourmanindia doesn't look like scam site, it says it's run by ttk. Same folks who managed Chennai consulate Visa issuance process formerly.

saro28
05-06-2009, 11:28 PM
Why don't you use Indian consulate services. Cheap/reliable fast!

BRK
05-07-2009, 12:36 AM
Why don't you use Indian consulate services. Cheap/reliable fast!

Indian consulate services? what is their website, phone number? Did you use it before?

NNReddy
06-23-2009, 01:38 PM
I submitted a birth certificate from muncipality for My 485. But still I got RFE for birth certificate. Here is what it says.

************************************************** ************
The documents you have submitted as evidence of your birth were executed so long after the fact that they are considered hearsay evidence. Therefore, you must submit additional documentary evidence.

Submit any secondary evidence in your possession to demonstrate your birth. Secondary evidence will be evaluated for authenticity and credibility and may take the form of historical evidence issued at the time of the documented event. Such evidence may include, but is not limited to: medical records, school records and religious documents. Affidavits may also be accepted, provided that they are sworn to by persons who were alive at the time and have personal knowledge of the event to which they attest. Any affidavits must contain the affilant's full name and address, date and place of birth, relationship to the party on whose behalf they are attesting, if any, and complete details concerning how the affilant acquired knowledge of the event.
************************************************** *

Did anyone else receive same RFE and how did you resolve, what documents did you submit. My 485 app had Birth Certificate issued by local muncipality.

rockstart
06-23-2009, 03:42 PM
Dude<
I am in the exact situation. Only difference is I had submitted affidavits at the time of I-485 filing. However, affiants information was missing. So, they issued RFE with the above description. But they also mentioned affidavits with affiants details. I do not know why your did not include affidavits? wierd!!!!!!!:confused:

Why dont you try to dig up some old documentation. Example School / College leaving certificates. Std 10th Certificate Nationality or Domicile certificates, Drivers License , Translated Ration Card info. Any religious papers. Perhaps get back to the Hospital to see if they have any records. Election cards PAN cards etc can help too

desi3933
06-23-2009, 05:13 PM
Thank you for your suggestion. I have looked at all. my 10 certificate has father name. however the rfe says the document must present both parents name in full name format. No document in such format and as they needed. Since USCIS also accepts affidavits for me, I have just submitted my affidavits. My attorney said I am fine with it.

Birth Certificate must be issued/registered within 1 year of birth and must contain both parents' full legal name.

Otherwise, it must be supplemented with 2 affidavits.


________________
Not a legal advice.

mnq1979
06-25-2009, 09:13 PM
I just got a update on my and my wife I-485, they are asking for additional information, as of today i dont know what it is....but can any 1 tell who will get the RFE? will it be me or the lawyer who will get it?

mnq1979
06-25-2009, 11:31 PM
In my case my attorney got them in four days of receiving the e-mail. My rfe's are about date of birth. A lot of them are receiving them. If your date of birth has in comlete information then most probably you might getting the same. What did you furnish for birth certificate? Rfe's also include to prove your marriage bona fide. I do not know how it the norm.

Well at the time of filling I-485; i got my BC from Pakistan consulate. They made my and my wife BC on the letter head stating that according to the evidence prouced in front of them (Passport) it is verified that my Birth date is **** and my Birth place is ****.

Same is the case of my wife nothing diffrent !!!! i m hoping its jst the BC RFE. I have got the real BC now and can provide them if RFE is really abt BC. I am not sure if RFE is of BC?

gtm228
05-25-2011, 03:12 PM
Is yourmanindia worthwhile/dependable?. Do they do the job?
I got a RFE to get non-availability certificate. Need this certificate from Patna,Bihar.
Any ideas on this website.

Hi BRK

I have no idea about that website but my wife tried the 'Allied Legal, India' to get her non availability of birth certificate for her parents. It was almost a impossible case as they were born in west Bangal in 1934. It took however almost four weeks to get it. you can try them. http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm

gtm228
05-25-2011, 03:14 PM
Why don't you use Indian consulate services. Cheap/reliable fast!
The Birth certificate issued by Indian consulate is not valid for USCIS

gtm228
05-25-2011, 03:21 PM
you can check saharacarehouse.com it belong to sahara group
Hi BRK

I have no idea about that website but my wife tried the 'Allied Legal, India' to get her non availability of birth certificate for her parents. It was almost a impossible case as they were born in west Bangal in 1934. It took however almost four weeks to get it. you can try them. How to get aNon Availability of Birth Certificate in India (http://www.alliedlegalonline.com/Concierge-Birth-Certificate.htm)

thomachan72
05-25-2011, 03:32 PM
Is there a specific form for the non-availibility certificate? I have a non-availibility certificate issued on an ordinary white paper (the usual indian govt paper) with no seal. It was issued by the local folks and says "to be produced before the registrar only". Maybe I need to get one from the registrar by showing this letter?

gtm228
05-25-2011, 04:05 PM
Is there a specific form for the non-availibility certificate? I have a non-availibility certificate issued on an ordinary white paper (the usual indian govt paper) with no seal. It was issued by the local folks and says "to be produced before the registrar only". Maybe I need to get one from the registrar by showing this letter?
In some states they do, in some they don't. So it is hard to say without seeing.