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ashrock11
06-14-2007, 10:48 AM
Need urgent help Gurus.

I think my birth certificate would be an issue. Getting the affidavit would take a lot of time.

Somebody told me I can get it from the Consulate also. Is the birth certificate from Indian Consulate valid for I-485?

Please let me know.

Thanks

sunny26
06-14-2007, 11:11 AM
Hi
Its not valid that what my lawyer told.U can get affidavit with a day if u go thr a broker in near the local office.Just they will charge some amount like 100rs for each affidavit.send it to ur parents thr mail.they can take printout and get imm


Need urgent help Gurus.

I think my birth certificate would be an issue. Getting the affidavit would take a lot of time.

Somebody told me I can get it from the Consulate also. Is the birth certificate from Indian Consulate valid for I-485?

Please let me know.

Thanks

p7810456
06-14-2007, 11:16 AM
Need urgent help Gurus.

I think my birth certificate would be an issue. Getting the affidavit would take a lot of time.

Somebody told me I can get it from the Consulate also. Is the birth certificate from Indian Consulate valid for I-485?

Please let me know.

Thanks

This is what my attorney told me.. "USCIS does not accept birth certificates issued by Consulates"

ashrock11
06-14-2007, 11:16 AM
Can somebody give me the format of getting the affidavit.

sledge_hammer
06-14-2007, 11:18 AM
Please post all your experiences with birth certificates here. It might be the most difficult document to get in a short time for most members here.

PLEASE POST DETAILS ABOUT BIRTH CERTIFICATES HERE!

stuckinmuck
06-14-2007, 11:25 AM
Are there issues if mother's first name has a minor mismatch between 485 applicant's passport and birth certificate?

Sideliner
06-14-2007, 11:27 AM
My birth certificate is in Telugu. I noticed it only yesterday. Will that be a problem?

n_2006
06-14-2007, 11:32 AM
Can some body please provide affidavit format and BC format.

ashrock11
06-14-2007, 11:35 AM
The question is I don't have the certificate in the format USCIS wants. I need to act fast.

Can somebody put the format for affidavit here

p7810456
06-14-2007, 11:36 AM
Can some body please provide affidavit format and BC format.

>>>>> Format from my attorney at Littler Global!!! Should be notarized... <<<<

AFFIDAVIT REGARDING BIRTH

I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:

I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.

______________________________
Signature of Deponent

AFFIDAVITS MUST BE PROVIDED BY TWO (2) BLOOD RELATIVES, (MOTHER, FATHER, AUNT, UNCLE), AND THIS DOCUMENT MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF YOUR COUNTRY. IN ORDER TO BE ACCEPTED BY INS. THESE DOCUMENTS MUST BE SUPPORTED BY A LETTER FROM YOUR COUNTRY’S GOVERNMENT AGENCY ON ITS LETTERHEAD AND SIGNED BY A GOVERNMENT OFFICIAL STATING THAT THE BIRTH CERTIFICATE IS NOT AVAILABLE.

>>>>>> and here is the format for Non-availablity affidavit from government agency <<<<<

GOVERNMENT OF INDIA

.
Our office has conducted a search for (Foreign National’s Name) birth record, and it does not exist.

___________________________________
SIGNATURE OF GOVERNMENT OFFICIAL

TITLE OF GOVERNMENT OFFICIAL



OFFICIAL GOVERNMENT SEAL FOR THE COUNTRY

THIS LETTER MUST BE PROVIDED BY THE APPROPRIATE INDIAN GOVERNMENT AGENCY AND ACCOMPANIED BY TWO (2) AFFIDAVITS REGARDING BIRTH BY BLOOD RELATIVES, (MOTHER, FATHER, OR OLDER AUNT, UNCLE, BROTHER, SISTER) WHICH MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF INDIA IN ORDER TO BE ACCEPTED BY INS.


>>>> hope this helps..!! <<<<
PS. different attorneys have differnet format...

stuckinmuck
06-14-2007, 11:37 AM
I think it is an issue if it's entirely in Telugu. They expect it to be either all English or dual language (one of them being English obviously) but check with your lawyer. My birth certificate is a dual language one.

My birth certificate is in Telugu. I noticed it only yesterday. Will that be a problem?

n_2006
06-14-2007, 11:43 AM
The question is I don't have the certificate in the format USCIS wants. I need to act fast.

Can somebody put the format for affidavit here

Please provide USCIS accepted BC format

n_2006
06-14-2007, 11:45 AM
I read that date of certificate should be within a year of Birth Date. Is this importart. Probaly its difficult to get older date on certificate.

swarnapuri
06-14-2007, 11:46 AM
My birth certificate is in Telugu. I noticed it only yesterday. Will that be a problem?


This is what the e-mail from my employer says

"Copy of Birth Certificate with certified English translation, if necessary. USCIS requires that a birth certificate contain ALL of the following information:
Name (must have a name, can not be “male” or “female”), Date of Birth, Place of Birth, Parentage "

Not sure who needs to certify it.

smehta1
06-14-2007, 11:47 AM
Question :
Should one be submitting the birth certificate in:
a) original/duplicate?
b) photo copy?
c) notarized photo copy?

HumHongeKamiyab
06-14-2007, 11:49 AM
Does Anyone knows any transalation agencies to translate the BC to english?

Thanks,

ricky
06-14-2007, 11:53 AM
I do not have a birth certificate.
Recently while applying for Canada Immigration, I applied for a Birth Cetificate at the Indian Consulate in New york and got the following 2 certificates.

1) Date of Birth not recorded
2) Date of Birth as recorded in the Passport.

Are these certificates enough - or should I get these certificates from the Muncipal Office in India.

Is an affidavit enough in case I do not get these certificates from India.

Can some one help please .............

studmvr
06-14-2007, 11:53 AM
Birth certificates from embassay r not accepted......i just went thru this.

Work around is submitting an affidavit like the above posted format signed by your parents, with this u can file for 485 now. Later on you will get an RFE about your birth certificate then you need to produce a no record found certificate from municipality u'r born from India , this states that u donot have a record of the birth certificate that's why u r submitting the Affadavit.

So if you have the time now submit the no record found certificate also with the affadavit from municipality also in order to avoid a delay later on with the RFE.

Also if you have the certificate in native languages only that's a problem , they r not going to accept that, they will request a translation. Rememeber only copies of the certificates r enough to apply not the notarized/originals .

That's a great news every can apply for 485, it's lot better situation than being on h1B extensions w/I140..................

Good Luck every one......apply

ricky
06-14-2007, 11:59 AM
Birth certificates from embassay r not accepted......i just went thru this.

Work around is submitting an affidavit like above format signed by your parents, with this u can file for 485 now. Later on you will get an RFE about your birth certificate then you need to produce a no record found certificate from municipality u'r born from India , this states that u donot have a record of the birth certificate that's why u r submitting the Affadavit.

So if you have the time now submit the no record found certificate also with the affadavit from municipality also in order to avoid a delay later on with the RFE.

Also if you have the certificate in native languages only that's a problem , they r not going to accept that, they will request a translation. Rememeber only copies of the certificates r enough to apply not the notarized/originals .

That's a great news every can apply for 485, it's lot better situation than being on h1B extensions w/I140..................

Good Luck every one......apply


Only mother is alive. Is it enough to get affidavit from my mother.

Thanks

roseball
06-14-2007, 12:03 PM
I have a birth certificate issued from the municipality which is dated ~2 yrs after my birth. Also, my mother's name is mis-spelled on the birth certificate when compared to my passport. Both my parents are no more.....What should I do...Please advise...

yibornindia
06-14-2007, 12:03 PM
Need urgent help Gurus.

I think my birth certificate would be an issue. Getting the affidavit would take a lot of time.

Somebody told me I can get it from the Consulate also. Is the birth certificate from Indian Consulate valid for I-485?

Please let me know.

Thanks

I know someone who has used successfully the birth certificate from SFO Indian consulate.

IMHO As per international treaty, the consulate general is said to be representating the govt of india. If a civil or local municipal authority can issue a certificate and considered valid, why not hight authority like govt. india?

Its very easy procedure with consualte general of india.

The best is to ask lawyer. But as I said, I personally know some one who has used consulate isssued birth certificate and got GC.

sunny26
06-14-2007, 12:05 PM
Hi
Two needed one from ur mother one from ur uncle or anuty


Only mother is alive. Is it enough to get affidavit from my mother.

Thanks

Hopeful123
06-14-2007, 12:17 PM
What is the procedure if both parents are not alive? The BC is in Tamil with no name. Would affidavits from 2 relatives (uncle, grand mother ) work? My siblings are younger to me, so I dont think I can get it from them.

zoozee
06-14-2007, 12:22 PM
Is the mother's maiden name a must have?
We have both the parents name, city, date and place on the certificate.

Thanks

deba
06-14-2007, 12:22 PM
Guys got a question on BC. I do not have one and last time I visited India, I got 2 affidavits signed by my parents. Only problem is I had thought I would aply for CP and the affidavit has line that says this is a lieu of original BC because I am applying for CP. Otherwise it is OK. Is that a problem when I am applying for 485?
Thanks

chanduv23
06-14-2007, 12:28 PM
In what cases are affidavits required? Our birth certificates have our names, we got them from from India. Do we still need an affidavit?

sunny26
06-14-2007, 12:31 PM
Hi
U need affidavit only if u have any problem in ur BC.


In what cases are affidavits required? Our birth certificates have our names, we got them from from India. Do we still need an affidavit?

yibornindia
06-14-2007, 12:32 PM
consulate birth certificate link

http://www.cgisf.org/visa/indian_services.html#mis-bc

a_yaja
06-14-2007, 12:33 PM
My Birth Certificate only has my first name and last name appears only as initial, ie, it appears as L.Firstname. Will this be an issue?

mnkaushik
06-14-2007, 12:36 PM
My wife has a baptism certificate and no Birth certificate. Is the Baptism Certificate acceptable for 485 application.

ireddy
06-14-2007, 12:38 PM
Does Anyone knows any transalation agencies to translate the BC to english?

Thanks,

I think you may translate the certificate in to english and get it notarized...

ireddy
06-14-2007, 12:39 PM
My wife has a baptism certificate and no Birth certificate. Is the Baptism Certificate acceptable for 485 application.

Any certificate issued after birthday / month needs affidavit (according to our attorney)

ireddy
06-14-2007, 12:40 PM
Only mother is alive. Is it enough to get affidavit from my mother.

Thanks

You may get another affidavit from your maternal uncle / aunt / or any other relatives...

ashrock11
06-14-2007, 12:41 PM
What should be the value of stamp paper?

Rs 10/50/100

Can this affidavit be obtained from any other city or only from the town/city/state of birth?

Thanks

pr02
06-14-2007, 12:42 PM
This is a cross post from another thread. Apologies.

I am in a similar boat where my birth certificate is in malayalam and it does not have my name in it. In this scenario,
1. Do I have to get a translation to English?
From what I read in the thread, looks like the answer is yes. If so, who is authorized to do the translation?
2. My name is not in there, what can I do about it? Do I have to get a birth certificate not available letter?
3. My parents live in a different state, not my birth state. How will that affect the process?

I am getting an affidavit from my parents.

Any guidance is appreciated.

ireddy
06-14-2007, 12:42 PM
What should be the value of stamp paper?

Rs 10/50/100

Can this affidavit be obtained from any other city or only from the town/city/state of birth?

Thanks

Hardly matters. Any stamp paper is fine.

newuser
06-14-2007, 12:43 PM
Thanks for posting the sample format

>>>>> Format from my attorney at Littler Global!!! Should be notarized... <<<<

AFFIDAVIT REGARDING BIRTH

I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:

I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.

______________________________
Signature of Deponent

AFFIDAVITS MUST BE PROVIDED BY TWO (2) BLOOD RELATIVES, (MOTHER, FATHER, AUNT, UNCLE), AND THIS DOCUMENT MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF YOUR COUNTRY. IN ORDER TO BE ACCEPTED BY INS. THESE DOCUMENTS MUST BE SUPPORTED BY A LETTER FROM YOUR COUNTRY’S GOVERNMENT AGENCY ON ITS LETTERHEAD AND SIGNED BY A GOVERNMENT OFFICIAL STATING THAT THE BIRTH CERTIFICATE IS NOT AVAILABLE.

>>>>>> and here is the format for Non-availablity affidavit from government agency <<<<<

GOVERNMENT OF INDIA

.
Our office has conducted a search for (Foreign National’s Name) birth record, and it does not exist.

___________________________________
SIGNATURE OF GOVERNMENT OFFICIAL

TITLE OF GOVERNMENT OFFICIAL



OFFICIAL GOVERNMENT SEAL FOR THE COUNTRY

THIS LETTER MUST BE PROVIDED BY THE APPROPRIATE INDIAN GOVERNMENT AGENCY AND ACCOMPANIED BY TWO (2) AFFIDAVITS REGARDING BIRTH BY BLOOD RELATIVES, (MOTHER, FATHER, OR OLDER AUNT, UNCLE, BROTHER, SISTER) WHICH MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF INDIA IN ORDER TO BE ACCEPTED BY INS.


>>>> hope this helps..!! <<<<
PS. different attorneys have differnet format...

n_2006
06-14-2007, 12:43 PM
Is there any USICS format for BC we need to follow. Or is it OK to get certificate as provided by local govt office.

Meghna
06-14-2007, 12:56 PM
Our lawayer submitted our I485s with out our DOBs.
We didnt know at that time that we have to submit DOBs .

i485 case is pending. Probably we will get an Rfe when they start processing the 485 applications.

If you have difficulty in getting your Dob for the I485 application, i guess you can go ahead and file for I485 and get your Eads and APs .

I am just sharing my experience. I cant guarantee that they will accept your file.

satishku_2000
06-14-2007, 01:14 PM
I have a birth certificate that was issued in 2005 , is that good enough or does it need to be issued with in days of birth?

rtroy
06-14-2007, 01:29 PM
Birth Cerificate in DD/MM/YY format is OK ? without splled in words.

Thanks in advace

shukla77
06-14-2007, 01:38 PM
On my Birth Certificate, Official seal at the bottom is not in English, it is in Hindi. Rest of the Birth Certificate is in English. Do I still need affidavit from my parents and relatives. Any help is appreciated.


Thanks
Shukla

sangmami
06-14-2007, 01:52 PM
i dont have my birth cetificate(not registered)...i got affidavit from my mom in front of us notary...and my dad said he will get from affidavit from india and send it...is this enough?
people are mentioning about this non availablity certificate...which i m not sure...where shud i get/is it an absolute necessity to apply for i 485 only with that.Need help desperately.
thanks

visli_com
06-14-2007, 02:04 PM
As per my lawyer
you may translate it if you wish. does not need to be notarized.

sanojkumar
06-14-2007, 02:15 PM
What will be format of affidavit if your birth was not registered within a year of your birth? Will it be same as for non-available birth certificate case or something different? Since here it was registered but after few years of birth. So does it require to mention as to why was it registered late? Any input will be appreciated!

titu1972
06-14-2007, 02:21 PM
If you are from metro or city areas from India, you can get the certificate within a week, through www.yourmaninindia.com. It cost me $200. They have 24x7 customer service and very professional. I got in 15 days, even my birth place is not in city area. But you need affidavite from your parent.

Hope this may help many people.:)

aj2000
06-14-2007, 02:32 PM
Hi,

My wife's BC does'nt have her name on it. It is common in India. Somebody, please tell me what documents do I need? Is affidavites enough or should I ask for a new BC from the local offices?

Please help.

hatti_100
06-14-2007, 03:00 PM
Hi:

My Birth Certificate in not in English but local language. What to do? Do I need to get it translated in India?What is the procedure? Where to find translator in India?Does it have to be notarized?

thanks,
Hatti

jonty_11
06-14-2007, 03:04 PM
I have a BC issued in 2003....my lawyer said that it shouldbe fine...
It has been notarized my Judge and late registration stamp marked.

syendu1
06-14-2007, 03:47 PM
I read that date of certificate should be within a year of Birth Date. Is this importart. Probaly its difficult to get older date on certificate.

What is the date of certificate? Is it when they issued the birth cert or is it the date of registration listed on the BC??

Thanks for the info

syendu1
06-14-2007, 03:49 PM
I have a birth certificate issued from the municipality which is dated ~2 yrs after my birth. Also, my mother's name is mis-spelled on the birth certificate when compared to my passport. Both my parents are no more.....What should I do...Please advise...


What do u mean by issue date?? is it registration date or what??

pr02
06-14-2007, 03:50 PM
As for the missing name in the birth certificate, this is what I found online.

Every applicant for Adjustment of Status must submit documentation of birth. A birth certificate is always the preferred method of proof. If a birth certificate is available but it does not list the name of the child and the name of both parents please submit two or three affidavits from family members or friends who can verify the birth.

http://www.hammondlawfirm.com/alternate_document.htm

I have emailed my lawyer to confirm. Could someone else try to get it confirmed too.

roseball
06-14-2007, 03:53 PM
I meant the date on the birth certificate...

sunny26
06-14-2007, 03:53 PM
Hi
ITs correct my lawyer told the same.



As for the missing name in the birth certificate, this is what I found online.

Every applicant for Adjustment of Status must submit documentation of birth. A birth certificate is always the preferred method of proof. If a birth certificate is available but it does not list the name of the child and the name of both parents please submit two or three affidavits from family members or friends who can verify the birth.

http://www.hammondlawfirm.com/alternate_document.htm

I have emailed my lawyer to confirm. Could someone else try to get it confirmed too.

gc_aspirant_prasad
06-14-2007, 03:57 PM
my attorney also confirmed that we need to have an affadavit in case the birth certificate is missing, does not list the name of the person, does not have BOTH parents listed ( missing parents affidavit needed, if missing parent deceased - relative). He is yet to send me the format.
He also indicated that the document will have to be translated, but I m not able to find any translation service in my area.
Folks with birth certificate issues pls start working on affidavits.
All the best.

manderson
06-14-2007, 03:58 PM
n_2006[/b]]
Originally Posted by n_2006
I read that date of certificate should be within a year of Birth Date. Is this importart. Probaly its difficult to get older date on certificate.


where did you read this?

jonty_11 said he/she had a BC issued in 2003. so i am getting confused here:

I have a BC issued in 2003....my lawyer said that it shouldbe fine...
It has been notarized my Judge and late registration stamp marked.

pthoko
06-14-2007, 03:59 PM
Birth certificates from embassay r not accepted......i just went thru this.

Work around is submitting an affidavit like the above posted format signed by your parents, with this u can file for 485 now. Later on you will get an RFE about your birth certificate then you need to produce a no record found certificate from municipality u'r born from India , this states that u donot have a record of the birth certificate that's why u r submitting the Affadavit.

So if you have the time now submit the no record found certificate also with the affadavit from municipality also in order to avoid a delay later on with the RFE.

Also if you have the certificate in native languages only that's a problem , they r not going to accept that, they will request a translation. Rememeber only copies of the certificates r enough to apply not the notarized/originals .

That's a great news every can apply for 485, it's lot better situation than being on h1B extensions w/I140..................

Good Luck every one......apply


Is birth certificate issued several years after birth an issue ? because of the time gap??

syendu1
06-14-2007, 04:10 PM
Hi
ITs correct my lawyer told the same.

Does the names of parents have to be exactly as in the passport and spelled out completely? coz mine does not list the last names!!

jonty_11
06-14-2007, 04:15 PM
here is what my lawyer had to say abt that:

All countries have their own policy regarding birth certificates and what they consist of. The document attached is sufficient as it lists the issuing government agency/municipality, the birth registration number, his date of birth, the names of both parents, and is signed by the applicable government representative with the official seal.

jonty_11
06-14-2007, 04:15 PM
Is birth certificate issued several years after birth an issue ? because of the time gap??
here is what my lawyer had to say abt that:

All countries have their own policy regarding birth certificates and what they consist of. The document attached is sufficient as it lists the issuing government agency/municipality, the birth registration number, his date of birth, the names of both parents, and is signed by the applicable government representative with the official seal.

p7810456
06-14-2007, 04:56 PM
here is what my lawyer had to say abt that:

All countries have their own policy regarding birth certificates and what they consist of. The document attached is sufficient as it lists the issuing government agency/municipality, the birth registration number, his date of birth, the names of both parents, and is signed by the applicable government representative with the official seal.

.. and this is from my lawyer, Littler Global...

"Please note that if these documents were not registered (**i assume this means - are issued by agency**) with the government agency within the same timeframe as the date of birth, the USCIS will require affidavits from family members as additional evidence. Attached is a sample affidavit to use in the event the birth was not contemporaneously registered. The USCIS will require two affidavits from family members who are older than you attesting to the date of birth. This is not needed for notarial certificates from China."

sanojkumar
06-14-2007, 05:02 PM
You have written that if birth is not registered by a time frame then two affidavits are required by family members. See attached form.
Can you please send me the format of affidavit for this kind of cases. Will it be same as for unavailability of birth certificate cases? Or is it required to mention in the affidavit as to why birth was registered late? Can you please print the content of that affidavit?

p7810456
06-14-2007, 05:07 PM
You have written that if birth is not registered by a time frame then two affidavits are required by family members. See attached form.
Can you please send me the format of affidavit for this kind of cases. Will it be same as for unavailability of birth certificate cases? Or is it required to mention in the affidavit as to why birth was registered late? Can you please print the content of that affidavit?

It is the same affidavit/format as is needed to support unavailability. Two blood relatives need to give one affidavit each to support the birth certificate, not to give a reason why birth was registered late. It is the same affidavit that I copies/pasted on the 1st page of this thread.

arung
06-14-2007, 08:03 PM
is someone help me for any contact information or website to ger my Birth Certificate translated from Hindi to English, I live in Bay area

gude.ravi
06-14-2007, 10:29 PM
Is the mother's maiden name a must have?
We have both the parents name, city, date and place on the certificate.

Thanks


I have the same situation. only parents name city date and place are on the certificate. My lawyer told me she will have to find out in my situation. But She thinks mother's maiden name is kind of must. Please let me know if any one knows more.

aristotle
06-15-2007, 10:18 AM
Does it have to be two seperate affidavits? In my case, I had both parents signed on a single affidavit.

BTW even if you have a birth certificate, for recently registered cases of birth, my lawyer recommends getting affidavits.

mchatrvd
06-15-2007, 10:19 AM
Quick Question - Do i need to get "No Record Found" certificate along with the affidavits from my town of birth?

sunny26
06-15-2007, 10:26 AM
Hi
If u dont have ur BC then u need to get No record found or non availability certificate from ur brith town with two affidavit




Quick Question - Do i need to get "No Record Found" certificate along with the affidavits from my town of birth?

yibornindia
06-15-2007, 12:37 PM
(2) Submitting secondary evidence and affidavits--(i) General. The
non-existence or other unavailability of required evidence creates a
presumption of ineligibility. If a required document, such as a birth or
marriage certificate, does not exist or cannot be obtained, an applicant
or petitioner must demonstrate this and submit secondary evidence, such
as church or school records, pertinent to the facts at issue. If
secondary evidence also does not exist or cannot be obtained, the
applicant or petitioner must demonstrate the unavailability of both the
required document and relevant secondary evidence, and submit two or
more affidavits, sworn to or affirmed by persons who are not parties to
the petition who have direct personal knowledge of the event and
circumstances. Secondary evidence must overcome the unavailability of
primary evidence, and affidavits must overcome the unavailability of
both primary and secondary evidence.

-----------

According to this, if you do not have original birth certificate the school certificates are valid. only third preference is the affidevit.

This text is from code of Federal Regulations (CFR), 103.2 (b) (2) which I found after few hours of googling on net.

ilikekilo
06-15-2007, 12:39 PM
My birth certificate is in Telugu. I noticed it only yesterday. Will that be a problem?
u can get it translate no biggy

ireddy
06-15-2007, 12:42 PM
Quick Question - Do i need to get "No Record Found" certificate along with the affidavits from my town of birth?

Yes you need to get the non-availability certificate from your local authority (like MROs, village panchayat officers etc.,)

nk2006
06-15-2007, 12:53 PM
Hi,
I have DOB certificate issued by revenue office but it is dated recently (a few decades after the birth). I also have an affidavit from my parents dated a few years back - the format is close to what is referred but not exact. Do I need to take a latest affidavit with "exact" wording?

Also I have an elder brother who lives in USA - taking an affidavit from him is easy/faster. What is the procedure in US to do that - we can go to a notary and sign but does it have to be on same special paper as in India (a stamp paper). Any advice. Thanks.
- nk2006

sunny26
06-15-2007, 12:58 PM
Hi
According to my lawyer affidavit from bro or sister will end up with RFE.If there is no other way then u can go for it.Ur brother should be atleast 10yrs older than u that what my lawyer told.


Hi,
I have DOB certificate issued by revenue office but it is dated recently (a few decades after the birth). I also have an affidavit from my parents dated a few years back - the format is close to what is referred but not exact. Do I need to take a latest affidavit with "exact" wording?

Also I have an elder brother who lives in USA - taking an affidavit from him is easy/faster. What is the procedure in US to do that - we can go to a notary and sign but does it have to be on same special paper as in India (a stamp paper). Any advice. Thanks.
- nk2006

zoozee
06-15-2007, 01:05 PM
I have the same situation. only parents name city date and place are on the certificate. My lawyer told me she will have to find out in my situation. But She thinks mother's maiden name is kind of must. Please let me know if any one knows more.

I just spoke to the lawyer. She mentioned that mother's maiden name is required. Need to get an affidavit - providing the reason why birth certificates do not mention mother's maiden name and provide her maiden name - ideally with her birth certificate - if she has one.

Hope this helps...

aristotle
06-15-2007, 05:24 PM
does anyone know?

Does it have to be two seperate affidavits? In my case, I had both parents sign on a single affidavit.

BTW even if you have a birth certificate, for recently registered cases of birth, my lawyer recommends getting affidavits.

pthoko
06-15-2007, 06:27 PM
I just spoke to the lawyer. She mentioned that mother's maiden name is required. Need to get an affidavit - providing the reason why birth certificates do not mention mother's maiden name and provide her maiden name - ideally with her birth certificate - if she has one.

Hope this helps...


Anybody has a sample for this(Mother's Maiden Name) AFFIDAVIT?????

setpit_gc
06-15-2007, 06:34 PM
As per my attorney, if your i-140 was approved with the same birth certificate then no need to worry.

my BC has only my and my parents first names. No last names. I asked my attornet whether I need to get affidavit for that. She said no need.

abhijitp
06-15-2007, 06:42 PM
does anyone know?

here is what my company lawyer's guidelines (applicable only for applicants from India) say:
IF YOU HAVE A BIRTH CERTIFICATE

A. Does it accurately and completely show these four items? (1) Your date of birth; (2) your place of birth; (3) the names of both of your parents; and (4) your complete name. If your birth certificate has all four of these items, we do not need any other document. If your birth certificate has all four of these items, but is a “delayed birth certificate,” meaning that it was registered by your parents more than one year after your birth, then we also need the documents listed in B below.

B. If your birth certificate does not accurately have all four of the above-mentioned items, or is a “delayed birth certificate,” then we need two additional documents, as well as the birth certificate:

1. A "school leaving certificate"; and
2. A "birth affidavit" on Rs 5/ stamp paper sworn to before a First Class Magistrate by both of your parents stating:
a. the names of both of your parents;
b. your complete name;
c. that you are, in fact, their child;
d. your complete date of birth; and
e. your complete place of birth.

bitu72
06-15-2007, 07:21 PM
dont have bith certificate.

One more thing does our passport need to be valid for more than >180 days for filling GC.

I have school certificate and 2 affidavit from parents.

I was born in maharashtra,devlali dont have anyone to contact local offices there. Can i get a non availablity from a different muncipality office in calcutta

thomachan72
06-15-2007, 07:30 PM
>>>>>

GOVERNMENT OF INDIA

.
Our office has conducted a search for (Foreign National’s Name) birth record, and it does not exist.

___________________________________
SIGNATURE OF GOVERNMENT OFFICIAL

TITLE OF GOVERNMENT OFFICIAL



OFFICIAL GOVERNMENT SEAL FOR THE COUNTRY

THIS LETTER MUST BE PROVIDED BY THE APPROPRIATE INDIAN GOVERNMENT AGENCY AND ACCOMPANIED BY TWO (2) AFFIDAVITS REGARDING BIRTH BY BLOOD RELATIVES, (MOTHER, FATHER, OR OLDER AUNT, UNCLE, BROTHER, SISTER) WHICH MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF INDIA IN ORDER TO BE ACCEPTED BY INS.


>>>> hope this helps..!! <<<<
PS. different attorneys have differnet format...
I got this non-availability certificate but even though it is in english it looks like an ordinary paper (no official seal or anything) Do I need another one. That thing is very difficult to get. Nowadays even ***** is not working.

Edited for content- Sertasheep

aj2000
06-16-2007, 12:16 AM
For BC affidavites of all kind, should it be signed by a first class magistrate only or any Notary Public will do? Please clarify as it might help the most here.

Thanks
Aj

amsgc
06-16-2007, 12:24 AM
In case anybody is interested:

Title 8, CFR, 103.2(b)(2):

Submitting secondary evidence and affidavits—

(i) General.

The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue.

If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability
of both primary and secondary evidence.


(ii) Demonstrating that a record is not available.

Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State’s Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.


(iii) Evidence provided with a self-petition filed by a spouse or child of abusive
citizen or resident.

The Service will consider any credible evidence relevant to a self-petition filed by a qualified spouse or child of an abusive citizen or lawful permanent resident under section
204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the
Act. The self-petitioner may, but is not required to, demonstrate that preferred primary or secondary evidence is unavailable. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Service.

raj2007
06-16-2007, 02:28 AM
For BC affidavites of all kind, should it be signed by a first class magistrate only or any Notary Public will do? Please clarify as it might help the most here.

Thanks
Aj


First class Megistrate only.

bitu72
06-16-2007, 02:29 AM
I am planning to get a non availablty certificate as i cant produce a DOB certificate. My place of birth is in NASIK, MAHARASTRA will it work if i get a
no records found certificate from calcutta muncipality.

Would like to know if there are others in simmilar situations and what they are doing..

yibornindia
06-16-2007, 02:32 AM
Hi,

any body in similar situation? Any advice?

I have my home-name on my birth certificate. However before I started schooling, my name is changed to my current name. This is quite common in india.

all other details are true.

how can I handle this situation?

My websearch found me this: PLEASE ADVICE

Using a Different Name From the Birth Certificate

http://unitedkingdom.usembassy.gov/cons_new/visa/iv/bcerts.html

A person who has used a different name from the one shown on the birth certificate, must produce a document explaining the use of such name. The following documents are commonly available as evidence:
• baptismal certificate; or
• deed Poll; or
• school records showing early use of adopted name.
If none of the foregoing documents is available any other document, or combination of documents, which appear to resolve the difference in names will be considered. Your personal sworn statement is not acceptable unless there is other evidence to substantiate it.

sertasheep
06-16-2007, 08:18 AM
n_2006,

Where is this requirement stated? I am not aware of any such issue?

I read that date of certificate should be within a year of Birth Date. Is this importart. Probaly its difficult to get older date on certificate.

ajkish
06-16-2007, 08:39 AM
I have scenario like this,

I am planing to file I-485,in EB3.

My FirstName and Middle name Swaped in my new passport, It was Indian embassy in HOU Issued .Last year i got this passport.

I got my 7th year extension stamping in that passport, In visa also name changed like in the new passport, and I-94 also i did entered as name swaped.

My I-140 receipt , Birth certificate , Old Passport name was First name and last name was as usual. But there was no spelling error , but only the first name and middle name swapped.

Do you guys think any issue when filing I-485, would i get RFE. Is there any alternative, like get letter from embassy stating that both name combination are same .. something like that

Please help me.

anachimuthu0
06-16-2007, 11:47 AM
Hi,

I want to know if I would require the original copy of the affidavit executed in the stamp paper or will a faxed/scanned&emailed copy would do?

thanks in advance
Arun

raj2007
06-16-2007, 12:38 PM
Hi,

any body in similar situation? Any advice?

I have my home-name on my birth certificate. However before I started schooling, my name is changed to my current name. This is quite common in india.

all other details are true.

how can I handle this situation?

My websearch found me this: PLEASE ADVICE

Using a Different Name From the Birth Certificate

http://unitedkingdom.usembassy.gov/cons_new/visa/iv/bcerts.html

A person who has used a different name from the one shown on the birth certificate, must produce a document explaining the use of such name. The following documents are commonly available as evidence:
• baptismal certificate; or
• deed Poll; or
• school records showing early use of adopted name.
If none of the foregoing documents is available any other document, or combination of documents, which appear to resolve the difference in names will be considered. Your personal sworn statement is not acceptable unless there is other evidence to substantiate it.


I had the same situation and it is easy to fix. send me PM with full details and If it is same issue, I can help you.

raj2007
06-16-2007, 12:40 PM
I am planning to get a non availablty certificate as i cant produce a DOB certificate. My place of birth is in NASIK, MAHARASTRA will it work if i get a
no records found certificate from calcutta muncipality.

Would like to know if there are others in simmilar situations and what they are doing..

What place of birth is on passport? If they both are not same that will be useless for you.

imneedy
06-16-2007, 01:04 PM
Hi,

I want to know if I would require the original copy of the affidavit executed in the stamp paper or will a faxed/scanned&emailed copy would do?

thanks in advance
Arun


Original

bitu72
06-16-2007, 01:32 PM
What place of birth is on passport? If they both are not same that will be useless for you.
In my passport i have as Devlali, Maharastra. Devlali is withing Nasik district.
I also checked DOB is also there in PAN card issued by Government Of INDIA.

I will still take a chance with Calcutta issuing a Non Availablity certificate. Atleast its a department of govt of india and they did a record search which did not find any records.

Wanted to know if anybody else has same problem.

Legal
06-16-2007, 02:00 PM
Look athis link:

http://www.immigrationlaw.com/ImmigrationInfo/Forms/Affidavit%20Regarding%20Date%20and%20Place%20of%20 Birth%204-04.pdf


Hammond Law web site also recommends 2 or 3 affidavits from relatives....:confused:

If you have school records showing the date of birth do we still need two affidavits?

I have a non-availability/ search certificate and one sworn affidavit from a relative......But it looks like I still need one more affidavit from relative.....It is confusing.:confused:

Legal
06-16-2007, 02:17 PM
Question 4. What can I do if I am unable to get a copy of the requested birth certificate? Top
©MurthyDotCom
If a birth certificate is not available, you may submit a sworn affidavit. Please note, however, that affidavits are considered secondary evidence and can be rejected unless an official in the foreign country explains why a birth certificate is not available.
©MurthyDotCom
Usually affidavits from people present at the birth may be used as a substitute for the original birth certificate only after showing that the original has been destroyed or is unavailable. If the people writing the affidavits know that the birth was not reported to any civil or religious authority, they can state that in the affidavit. In addition to the affidavits, you should present a certificate of non-availability from the local authorities and/or anything else available, such as school-leaving certificate, doctor or midwife certificate, etc.
©MurthyDotCom
For India, acceptable birth certifications are (per an answer posted by one of the India D subscribers):

A birth certificate from Panchayat, Municipality, Corporation (This should be from the same place that is shown in the 'Place of Birth' column in your passport). OR, all of the following:
©MurthyDotCom
1. A certificate from the Panchayat, Municipality, Corporation that the birth is not registered.
©MurthyDotCom
2. Two affidavits on revenue stamped papers from any two persons (including, but not necessarily, from parents) that have knowledge of the birth. These affidavits should be signed and notarized.

Kushal
06-16-2007, 02:23 PM
The question is I don't have the certificate in the format USCIS wants. I need to act fast.

Can somebody put the format for affidavit here

AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:

1. Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

2. That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

3. That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

4. We married on [date of marriage] in the city of [name of city], [country].

5. We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:

a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

b. [list all of the other children, if applicable].

6. [Child's First Name] [Child's Last Name] was born in [name of city], [country].

7.

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

We declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Father's First Name] [Father's Last Name] and signature

_________________________
[Mother's First Name] [Mother's Last Name] and signature

Kushal
06-16-2007, 02:29 PM
In my passport i have as Devlali, Maharastra. Devlali is withing Nasik district.
I also checked DOB is also there in PAN card issued by Government Of INDIA.

I will still take a chance with Calcutta issuing a Non Availablity certificate. Atleast its a department of govt of india and they did a record search which did not find any records.

Wanted to know if anybody else has same problem.


Your passport says "Place of Birth".. It can be district or city.
But if it says "city of birth" then you have to put the city name. It shouldn't be a problem.

pratibha
06-16-2007, 03:31 PM
My Husband does not have birth certificate from the municipal authorities but he does have baptism certificate from his church register.
Is that okay
Does anybody have tha same experience?
Will he still have to make an affidavit.
Please advise

Thanks in advance

pratibha

reddog
06-16-2007, 03:41 PM
Do we need the Birth Certificate for secondary applicants(spouse).
None of the checklist(Employer based I-485) I have been thru say that I need the secondary applicants Birth certificate.
My spouses Birth certificate is in a regional language, and hence the question.

raj2007
06-16-2007, 06:40 PM
Do we need the Birth Certificate for secondary applicants(spouse).
None of the checklist(Employer based I-485) I have been thru say that I need the secondary applicants Birth certificate.
My spouses Birth certificate is in a regional language, and hence the question.


Yes birth certificates is needed for all the dependents.

raj2007
06-16-2007, 06:43 PM
In my passport i have as Devlali, Maharastra. Devlali is withing Nasik district.
I also checked DOB is also there in PAN card issued by Government Of INDIA.

I will still take a chance with Calcutta issuing a Non Availablity certificate. Atleast its a department of govt of india and they did a record search which did not find any records.

Wanted to know if anybody else has same problem.

How can you use non-availbilty certificate from calcutta when you were not born there. i see potential problem here and willnot advice you to go for that. check with your lawyer and her will tell you the same thing.

perm2gc
06-16-2007, 06:50 PM
My Husband does not have birth certificate from the municipal authorities but he does have baptism certificate from his church register.
Is that okay
Does anybody have tha same experience?
Will he still have to make an affidavit.
Please advise

Thanks in advance

pratibha
You need Affidavit.

raj2007
06-16-2007, 06:56 PM
Yes you need to get the non-availability certificate from your local authority (like MROs, village panchayat officers etc.,)


Or you can attach certificate from hostpital or school leaving certificate alongwith affadavits.

JazzByTheBay
06-16-2007, 07:08 PM
Here's what Form I-485 says:
Birth Certificate: Submit a copy of your foreign birth certificate or other record of your birth that meets the provisions of secondary evidence found in Title 8, Code of Federal Regulations (CFR), 103.2(b)(2).

Here's what the Title 8 of CFR, PART 103.2(B)(2) says:


(2) Submitting secondary evidence and affidavits —(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.


(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.
------------

If I'm reading the above correctly, it translates to:
1) in case of Birth Certificate not being available, you will need a Non-Availability Certificate from the relevant local government authority, and school records. Affidavits may not be required if your school or church records indicate a date of birth. These can be used as secondary evidence along with the Non-Avail. Certificate from the local govt. DISCLAIMER: I'm not an attorney, but some times these things are overblown. Of course, we want to be on the safe side and not run the risk of providing any grounds for a denial of the AOS petition, so doing the necessary legwork to get at least 2 affidavits in addition to the above shouldn't be too much of a problem.

jazz

yibornindia
06-16-2007, 09:35 PM
I had the same situation and it is easy to fix. send me PM with full details and If it is same issue, I can help you.

I did send you a PM. or else can you email me on rockykapoor@rediffmail.com

The issue is as I decribed.

I do have original legal issued birth certificate from municipal corporation. both parents names are there and so is the place and date of birth etc details. However in place of my name, my home name is written. Later on before I started even my pre-schooling, my name is changed to my current name which I always used.

As you know in india, school leaving certificate is accepted as a proof of birth record. so I always used it.

Now I need birth certificate which is almost first time NEEDED in my lifetime.

I am not sure what to do? Since the name specified on my birth certificate is not my legal name.
thanks,
Rakesh

amsgc
06-16-2007, 09:53 PM
Hi,

Is birth certificate issued by Hospital acceptable? I don't have one issued by any municipal or local govt. authority.

Please advise.

Thanks,

Ams

sangmami
06-16-2007, 11:50 PM
Can we get the non availablityof birth certificate from district magistrate?

akred
06-17-2007, 12:00 AM
Hi,

I want to know if I would require the original copy of the affidavit executed in the stamp paper or will a faxed/scanned&emailed copy would do?

thanks in advance
Arun

You do not need the original copy. Faxed or scanned/emailed copies work just fine. Only requirement is that the copy should be clear and legible.

akred
06-17-2007, 12:03 AM
For BC affidavites of all kind, should it be signed by a first class magistrate only or any Notary Public will do? Please clarify as it might help the most here.

Thanks
Aj

Any notary public will do. This link from the law firm handling my case may help you.

http://www.usabal.com/permres/AOS/birth_cert_info.html

akred
06-17-2007, 12:15 AM
In case any of this information helps you get things done quicker, please consider contributing to ImmigrationVoice.

bitu72
06-17-2007, 01:22 AM
How can you use non-availbilty certificate from calcutta when you were not born there. i see potential problem here and willnot advice you to go for that. check with your lawyer and her will tell you the same thing.
Then only other option which i have is get a Birth certificate from Indian Consulate. Will also submit School certificate indicating DOB. I already have 2 affidavit from my parents which are executed at judicial magistrate court.

This BC thing is becoming a pain.

raj2007
06-17-2007, 03:41 AM
Then only other option which i have is get a Birth certificate from Indian Consulate. Will also submit School certificate indicating DOB. I already have 2 affidavit from my parents which are executed at judicial magistrate court.

This BC thing is becoming a pain.

you can use school leaving certificate, school record or letter from hospital.

raj2007
06-17-2007, 03:42 AM
Hi,

Is birth certificate issued by Hospital acceptable? I don't have one issued by any municipal or local govt. authority.

Please advise.

Thanks,

Ams


Yes that will work with 2 affadavits.

vipul_pandey
06-17-2007, 04:16 AM
Hi,

Has anyone been able to successfully procure the NonAvailability Ceritificate in recent past (from india) ?
Mind sharing the experience?
as in.. what it took? how many days? what all documents were required? any snags? etc. etc.

Thanks!

dyamannavar
06-17-2007, 04:19 AM
Is a marriage certificate from the consulate is acceptable for 485 filing?.

Thanks

vaishnavilakshmi
06-17-2007, 04:38 AM
I read that date of certificate should be within a year of Birth Date. Is this importart. Probaly its difficult to get older date on certificate.

Hi,

Yes, the date of issue of birth certificate should be within a year of birth date.Incase the issue date is later than 1year of ur birth,u need to have two more affidavits issued by any two blood relatives and notarise by lawyer.(mother,father,sibling,aunt,uncle can issue affidavit to u).The sample format of the birth affidavit in such case is :-




AFFIDAVIT REGARDING BIRTH

I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:

I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.

______________________________

Signature of Deponent

AFFIDAVITS MUST BE PROVIDED BY TWO (2) BLOOD RELATIVES, (MOTHER, FATHER, AUNT, UNCLE), AND THIS DOCUMENT MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF YOUR COUNTRY.

U can request them to give it at a date within ur year of birth.If they don't do ask ur parents or any two blood relatives to given two affidavits for u.

-Cheers,
-Vaishu

vaishnavilakshmi
06-17-2007, 04:45 AM
Hi vipul_pandey,

Last month,i tried getting the nonavailaiblity certificate.But i was told that they are no longer issuing the non availability certificate in india.So better ask ur parents to register ur birth in muncipal office and get new birth certificate.Make sure that the place of ur birth matches the one in ur passport.And also ur parents need to carry address proof to muncipal office showing that ur parents were residing in that area of muncipality at the time of ur birth.And also ur tenth class certificate for verification of ur birth.If birth registered within the year of ur birth ,thats fine.If the date of registration of ur birth certificate is later than 1year from ur birth date, any two blood relatives(father/mother/aunt/uncle/siblings) of urs should give two affidavits(one each) and get notarised by lawyer in india.The sample format of the affidavit is as follows :



AFFIDAVIT REGARDING BIRTH

I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:

I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.

______________________________

Signature of Deponent

AFFIDAVITS MUST BE PROVIDED BY TWO (2) BLOOD RELATIVES, (MOTHER, FATHER, AUNT, UNCLE), AND THIS DOCUMENT MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF YOUR COUNTRY.


Hi,friends,my lawyer told me that the if the issue date is later than 1year of birth, u need to get affidavits.But some of u here say that it is registration date within 1year of birth that matters and not the issue date.So please check with ur lawyer about this before u proceed further.Anyways i have edited registration to issue date as most of u tell here.
cheers,
vaishu

akred
06-17-2007, 05:04 AM
Yes, the date of issue of birth certificate should be within a year of birth date.

What is necessary is that the birth should have been registered within 1 year. The birth certificate can be issued later at any time. Birth certificates will have fields for both the date of registration of birth and the date of issue, and it is the field for the date of registration that controls validity for USCIS purposes.

bitu72
06-17-2007, 10:19 AM
What is necessary is that the birth should have been registered within 1 year. The birth certificate can be issued later at any time. Birth certificates will have fields for both the date of registration of birth and the date of issue, and it is the field for the date of registration that controls validity for USCIS purposes.



Can somebody please share there birth certificate issued by consulate..does it have some kind of registration number.

kams
06-17-2007, 10:48 AM
Friends,
I have two questions regarding the affidavit.

1. When the affidavit is from Mother, should it be in her MAIDEN NAME? or married name in all places?

2. We just received the English Translation of my daughters BC from Ahemedabad (we are not Gujarati, and original was in Gujarati!), and to my horror I discovered that in true Gujarati tradition they have added 'Ben' to my wifes name and 'Bhai' to my name. In addition Spelling is all wrong!!. So can we submit affidavits (me and my wife) or it has to come from someone else (who is not a beneficiary of this petition) like my Mom and Dad?

bitu72
06-17-2007, 11:10 AM
Hi vipul_pandey,

Last month,i tried getting the nonavailaiblity certificate.But i was told that they are no longer issuing the non availability certificate in india.So better ask ur parents to register ur birth in muncipal office and get new birth certificate.Make sure that the place of ur birth matches the one in ur passport.And also ur parents need to carry address proof to muncipal office showing that ur parents were residing in that area of muncipality at the time of ur birth.And also ur tenth class certificate for verification of ur birth.If they are issuing the birth certificate within the year of ur birth ,thats fine.If the date of issue of ur birth certificate is later than 1year from ur birth date, any two blood relatives(father/mother/aunt/uncle/siblings) of urs should give two affidavits(one each) and get notarised by lawyer in india.The sample format of the affidavit is as follows :



AFFIDAVIT REGARDING BIRTH

I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:

I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.

______________________________

Signature of Deponent

AFFIDAVITS MUST BE PROVIDED BY TWO (2) BLOOD RELATIVES, (MOTHER, FATHER, AUNT, UNCLE), AND THIS DOCUMENT MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF YOUR COUNTRY.

cheers,
vaishu
In my case wont have any document which will proof that they recided in that place. Can we register in a different place than our birth place.

we can always have our passport and school records when we go to a calcutta muncipal and tell that place of birth was nasik, maharastra..

reddog
06-17-2007, 11:51 AM
Yes birth certificates is needed for all the dependents.


thanks....

akred
06-17-2007, 01:00 PM
Can somebody please share there birth certificate issued by consulate..does it have some kind of registration number.

Birth certificates issued by consulates are not acceptable to USCIS.

perm2gc
06-17-2007, 01:07 PM
My birth certificate is in Telugu. I noticed it only yesterday. Will that be a problem?
you need a english version.

perm2gc
06-17-2007, 01:08 PM
Friends,
I have two questions regarding the affidavit.

1. When the affidavit is from Mother, should it be in her MAIDEN NAME? or married name in all places?

2. We just received the English Translation of my daughters BC from Ahemedabad (we are not Gujarati, and original was in Gujarati!), and to my horror I discovered that in true Gujarati tradition they have added 'Ben' to my wifes name and 'Bhai' to my name. In addition Spelling is all wrong!!. So can we submit affidavits (me and my wife) or it has to come from someone else (who is not a beneficiary of this petition) like my Mom and Dad?
1. Before marriage
2.You can..

perm2gc
06-17-2007, 01:12 PM
Hi,

Has anyone been able to successfully procure the NonAvailability Ceritificate in recent past (from india) ?
Mind sharing the experience?
as in.. what it took? how many days? what all documents were required? any snags? etc. etc.

Thanks!
you just apply for BC in the area you are born and they will issue non-availabilty certificate if they don't find any matching record.

english_august
06-17-2007, 01:30 PM
What is necessary is that the birth should have been registered within 1 year. The birth certificate can be issued later at any time. Birth certificates will have fields for both the date of registration of birth and the date of issue, and it is the field for the date of registration that controls validity for USCIS purposes.

I would think so too! Can anyone please confirm this?

kams
06-17-2007, 02:01 PM
1. Before marriage
2.You can..
Thanks for the answer, however could u clarify the first answer. I am married and if I need an affidavit from my mom, for my BC, should she menation her maiden name in the affidavit at all? if so where?

Thank you once again for your answer.

perm2gc
06-17-2007, 02:26 PM
Thanks for the answer, however could u clarify the first answer. I am married and if I need an affidavit from my mom, for my BC, should she menation her maiden name in the affidavit at all? if so where?

Thank you once again for your answer.
both your parents should give you affidavit and your mother's maiden name before marriage should be used while filling the affidavit.Please check the threads for the affidavit format.

kams
06-17-2007, 02:53 PM
both your parents should give you affidavit and your mother's maiden name before marriage should be used while filling the affidavit.Please check the threads for the affidavit format.

Thank you.


(BTW before any one asks, I do contribute to IV, monthly recurring. I just don't advertize it.:) )

checklaw
06-17-2007, 03:08 PM
There seem lot of genuine concerns and unanswered questions in this thread. The following link from SOP, relevant to Birth Certificate may hopefully help address some of those.

http://www.imminfo.com/resources/cis-sop-aos/7-3-12.html

Please also take a moment to go through other sections in this SOP posted by InTheMoment in thread that goes by subject "Standard Operating Procedure...."
Very helpful

akred
06-17-2007, 03:33 PM
What is necessary is that the birth should have been registered within 1 year. The birth certificate can be issued later at any time. Birth certificates will have fields for both the date of registration of birth and the date of issue, and it is the field for the date of registration that controls validity for USCIS purposes.

I would think so too! Can anyone please confirm this?


From:
http://www.usabal.com/permres/AOS/birth_cert_info.html

If a birth certificate exists but does not contain all of the required information as stated above, or was registered more than one year after the birth, alternative documentation must be submitted.

clif
06-17-2007, 04:59 PM
Can the two affidavits required be on the same stamp paper, i.e., both mother and father signing at the bottom of the same affidavit. Someone had posted an affidavit format which specified a combined affidavit from mother and father. Will this work or the two affidavits must be on separate sheets?



Hi vipul_pandey,

Last month,i tried getting the nonavailaiblity certificate.But i was told that they are no longer issuing the non availability certificate in india.So better ask ur parents to register ur birth in muncipal office and get new birth certificate.Make sure that the place of ur birth matches the one in ur passport.And also ur parents need to carry address proof to muncipal office showing that ur parents were residing in that area of muncipality at the time of ur birth.And also ur tenth class certificate for verification of ur birth.If they are issuing the birth certificate within the year of ur birth ,thats fine.If the date of issue of ur birth certificate is later than 1year from ur birth date, any two blood relatives(father/mother/aunt/uncle/siblings) of urs should give two affidavits(one each) and get notarised by lawyer in india.The sample format of the affidavit is as follows :



AFFIDAVIT REGARDING BIRTH

I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:

I declare that _________________ is my (son/daughter/brother/sister/niece/
nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father’s name) is his/her father and _____________ (mother’s name) is his/her mother.

______________________________

Signature of Deponent

AFFIDAVITS MUST BE PROVIDED BY TWO (2) BLOOD RELATIVES, (MOTHER, FATHER, AUNT, UNCLE), AND THIS DOCUMENT MUST BE WITNESSED AND STAMPED BY AN ADVOCATE/NOTARY FOR THE GOVERNMENT OF YOUR COUNTRY.

cheers,
vaishu

pratibha
06-17-2007, 06:50 PM
Hi All,
I would like to know if Baptism certificate is valid in place of a birth certificate.

my husband has a baptism certificate and no birth certificate.

has anyone been in this situation. please help with answers.

thanks


pratibha

rb_248
06-17-2007, 07:16 PM
Guys,
In my BC there is a minor spelling error. My BC reads my name as "..........yam". But my pass port reads my name as "..........iyan". Rest of the details are matching. Will this be a problem?
Also, my spouse's name does not include her initial.

vrkanti
06-17-2007, 08:52 PM
Can somebody please share there birth certificate issued by consulate..does it have some kind of registration number.


I got birth certificate from consulate on Friday, this just says your birth date is blah blah as per indian passport.

it does not look like real birth certificate. when I asked for unavailability certificate she said that is only for old people.

Does any one got unavailability cerificate from consulate.

bitu72
06-17-2007, 09:00 PM
I got birth certificate from consulate on Friday, this just says your birth date is blah blah as per indian passport.

it does not look like real birth certificate. when I asked for unavailability certificate she said that is only for old people.

Does any one got unavailability cerificate from consulate.
do you plan to use birth certificate from consulate and along with that give 2 affidavits.

srikondoji
06-17-2007, 09:29 PM
I am confused here.

Why do you need an affidavit?
I have the Birth Certificate issued by Muncipal corporation of Hyderabad
and stamped by office of Births and Deaths.

However there are some irritants in there.
1) Only my first name is there
2) My father and mother names with their first names and with First letter of Last name.
3) Very small change in my father's name.

What should i do?
Please help.

akred
06-17-2007, 09:51 PM
I am confused here.

Why do you need an affidavit?
I have the Birth Certificate issued by Muncipal corporation of Hyderabad
and stamped by office of Births and Deaths.

However there are some irritants in there.
1) Only my first name is there
2) My father and mother names with their first names and with First letter of Last name.
3) Very small change in my father's name.

What should i do?
Please help.

Why do you need an affidavit?
Short answer is because that's what they require.

What you should do:

1. Fill out the Sample Affidavit by both Parents from the link below:
http://www.usabal.com/permres/AOS/birth_cert_info.html

2. Email the document to India.

3. Have someone type it up on stamp paper.

4. Have both parents sign it in the presence of a notary and get it notarized

5. Have someone fax or scan and email it back to you.

gc_chahiye
06-17-2007, 10:14 PM
Why do you need an affidavit?
Short answer is because that's what they require.

5. Have someone fax or scan and email it back to you.

I dont need to submit the original notarized copy? Just a fax'ed/scanned copy is enough for now? that would be a huge help! I was wondering how long this might take in the mail!

srikondoji
06-17-2007, 10:37 PM
Yes.

I dont need to submit the original notarized copy? Just a fax'ed/scanned copy is enough for now? that would be a huge help! I was wondering how long this might take in the mail!

srikondoji
06-17-2007, 10:40 PM
Affidavit is needed in place of Birth certificate.
So, if you don't have Birth certificate, you should go for Affidavit. This is what i understood from this forum and by lawyer. Let me know, if i am wrong.

--sri

Why do you need an affidavit?
Short answer is because that's what they require.

What you should do:

1. Fill out the Sample Affidavit by both Parents from the link below:
http://www.usabal.com/permres/AOS/birth_cert_info.html

2. Email the document to India.

3. Have someone type it up on stamp paper.

4. Have both parents sign it in the presence of a notary and get it notarized

5. Have someone fax or scan and email it back to you.

akred
06-17-2007, 10:48 PM
Affidavit is needed in place of Birth certificate.
So, if you don't have Birth certificate, you should go for Affidavit. This is what i understood from this forum and by lawyer. Let me know, if i am wrong.

--sri

You don't need the affidavit only if you have a birth certificate AND it contains all the required information. The affidavit is needed if your birth certificate is incomplete - which is what exists in your case.

Because you do have a birth certificate (even though it is incomplete) you do not have to get a Certificate of Non-availability.

boston_gc
06-17-2007, 11:00 PM
I didn't have a birth certificate but I got one recently (in 2003) from the municipal authority in New Delhi. Now, someone said that if the birth certificate is not from the time of birth, you need to have an affidavit. Is this correct? Has anyone's lawyer any recommendation on this? I will appreciate any response.

akred
06-17-2007, 11:10 PM
I didn't have a birth certificate but I got one recently (in 2003) from the municipal authority in New Delhi. Now, someone said that if the birth certificate is not from the time of birth, you need to have an affidavit. Is this correct? Has anyone's lawyer any recommendation on this? I will appreciate any response.

Birth should have been registered within 1 year. The birth certificate can be issued at any time.

Added later:

In case the birth was registered after 1 year, you will need to submit an affidavit along with the birth certificate.

nk2
06-17-2007, 11:39 PM
http://travel.state.gov/visa/reciprocity/Country%20Folder/I/India.htm

Search for Birth Certificate on this page

skd
06-17-2007, 11:43 PM
Ok,
When I was born , my family was at my parental village, though I was born in the city hospital of same district . (i.e Same District as the Village)

So can I get a letter from Panchayat as Birth Certificate proof OR I need to get Form from the District city Municpal corporation.?

As village pachayat does not have the any specific format for issuing Birth Certificate , But they said they can write a letter specifying my date of Birth

raj2007
06-17-2007, 11:58 PM
Ok,
When I was born , my family was at my parental village, though I was born in the city hospital of same district . (i.e Same District as the Village)

So can I get a letter from Panchayat as Birth Certificate proof OR I need to get Form from the District city Municpal corporation.?

As village pachayat does not have the any specific format for issuing Birth Certificate , But they said they can write a letter specifying my date of Birth


you need to attach 2 affadavit with panchyat letter as it is secoundry proof.

skd
06-18-2007, 12:00 AM
Thanks raj2007

So basically a letter from panchayat and 1 affedevit from my Mom and 1 from dad. ?

yibornindia
06-18-2007, 02:07 AM
Birth should have been registered within 1 year. The birth certificate can be issued at any time.


Please do not spread this false news.

http://travel.state.gov/visa/reciprocity/Country%20Folder/I/India.htm

see above link and for india - read for birth certificate.

as far as properly birth is registered by a valid govt agency, its fine. NO NEED TO PANIC

murali77
06-18-2007, 03:09 AM
Hello Folks

Do I need

1 ) a non-availability of birth certificate ?

and

2) 2 affidavits of birth certificate ( parents, relatives)

I can get the # 2 but since I was born in a village and my parents are in a far off city its very difficult to get # 1.
Please advice.

Thanks
Murali

akred
06-18-2007, 03:15 AM
Please do not spread this false news.

http://travel.state.gov/visa/reciprocity/Country%20Folder/I/India.htm

see above link and for india - read for birth certificate.

as far as properly birth is registered by a valid govt agency, its fine. NO NEED TO PANIC

You are mistaken. This is what I was told by my lawyer. Did you get your information from your lawyer?

The requirement that the birth should have been registered within a year does exist. I am providing the link from my lawyer's firm and quoting the relevant text below.

http://www.usabal.com/permres/AOS/birth_cert_info.html

If a birth certificate exists but does not contain all of the required information as stated above, or was registered more than one year after the birth, alternative documentation must be submitted.

This is only a concern if you were hoping to only submit a birth certificate without a supporting affidavit. It is not a huge burden if you have to submit an affidavit anyway because the birth certificate does not contain all the required information.

Kushal
06-18-2007, 03:30 AM
You are mistaken. This is what I was told by my lawyer. Did you get your information from your lawyer?

The requirement that the birth should have been registered within a year does exist. I am providing the link from my lawyer's firm and quoting the relevant text below.

http://www.usabal.com/permres/AOS/birth_cert_info.html

If a birth certificate exists but does not contain all of the required information as stated above, or was registered more than one year after the birth, alternative documentation must be submitted.

This is only a concern if you were hoping to only submit a birth certificate without a supporting affidavit. It is not a huge burden if you have to submit an affidavit anyway because the birth certificate does not contain all the required information.


Hey Akred.going by the lines at your provided website mentioning "alternative documentation must be submitted"...
Will School certificate mentioning birth + 2 affidavits ( mother and relative) be okay...?

raj2007
06-18-2007, 03:45 AM
Hey Akred.going by the lines at your provided website mentioning "alternative documentation must be submitted"...
Will School certificate mentioning birth + 2 affidavits ( mother and relative) be okay...?

Yes..school leaving or letter from hospital

akred
06-18-2007, 03:47 AM
Hey Akred.going by the lines at your provided website mentioning "alternative documentation must be submitted"...
Will School certificate mentioning birth + 2 affidavits ( mother and relative) be okay...?

This depends on what you are trying to do. Do you have a birth certificate?

If yes, then you only need the 2 affidavits, else you will need the Certificate of Non-Availability.

rb_248
06-18-2007, 08:05 AM
Guys,
In my BC there is a minor spelling error. My BC reads my name as "..........yam". But my pass port reads my name as "..........iyan". Rest of the details are matching. Will this be a problem?
Also, my spouse's name does not include her initial.

Anybody??????

english_august
06-18-2007, 08:30 AM
Should the affidavit be typed up on a stamp paper or is plain paper just fine?

Any recommendations on the monetary value of the stamp paper if it is needed?

venky08
06-18-2007, 09:57 AM
My birth certificate does not have my name on it. (in india it is OK to name the new born a few weeks after birth.) so it just says "baby boy" on it :)

Do i need an affidavit from my parents mentioning my name?

venky08
06-18-2007, 10:53 AM
bump

WillIBLucky
06-18-2007, 11:40 AM
My birth certificate does not have my name on it. (in india it is OK to name the new born a few weeks after birth.) so it just says "baby boy" on it :)

Do i need an affidavit from my parents mentioning my name?
Yes venky boy you would need affidavits :)

dyamannavar
06-18-2007, 11:53 AM
I just talked to the Consulate office in NY regarding the marriage certificate issued by their office. The lady said both birth and marriage certificates issued by their office are legal documents and INS will accept these documents.
I still need to clarify this from my lawyer.

Thanks,

RVD

yabadaba
06-18-2007, 12:08 PM
RVD: yes the birth dertificate issued by the indian consulate is an official document.

the problem is the birth cert is based on the dob on ur passport. they cannot verify the actual birth details.

that is the reason why the birth certificates issues by the consulate are not admissable as substantial proof. this certificate along with affadavits from parents/relatives makes up substantial proof.

As far as the indian consulate saying that ins (actually uscis) will accept it, is completely wrong because they are a foreign ministry with no jurisdiction in the US.

dyamannavar
06-18-2007, 12:17 PM
We do have our birth certificates but the problem is regarding marriage certificate for us. We did not get our marriage certificate from India but last year we got one from the consulate office from NY. When I talked to my lawyer today regarding this he said the marriage certificate has to be issued by your home country not from the consulate.
I will have to talk to him again to see if I can get an affadivit from my parents.

Thanks,

RVD

RVD: yes the birth dertificate issued by the indian consulate is an official document.

the problem is the birth cert is based on the dob on ur passport. they cannot verify the actual birth details.

that is the reason why the birth certificates issues by the consulate are not admissable as substantial proof. this certificate along with affadavits from parents/relatives makes up substantial proof.

As far as the indian consulate saying that ins (actually uscis) will accept it, is completely wrong because they are a foreign ministry with no jurisdiction in the US.

rickys_in
06-18-2007, 12:28 PM
I have couple of questions regarding the affidavit.

1-Does the stamp paper monetary value matter? As in ,can we take the affidavit of any value paper (Ex 10 Rs , 5 Rs or 25 Rs)?

2- Who can sign on the affidavit. I read in some website that only first class megistrate only can be used for signing. Can anybody who has the authority, sign on the affidavit or should we go for first class megistrate only?


I am so confused...:-(

Happyday
06-18-2007, 12:30 PM
My Mom's name is spelled different in my certificate vis - a vis my passport.

1) Is it OK?

2) If we need to make a change; what should be the base document? Birth Certificate or Passport( Passport is with me?). Can I get a new birth certificate issued with my mom's name as is in my passport?

3) Will an affidavit suffice?

4) My house name has a spelling mistake in Passport. Should I get the birth certificate with this " Mistake"?

Awaiting the reply. Thanks in advance.

rtarar
06-18-2007, 12:48 PM
My birth certificate says I was born in Mehbub Nagar Dist, Andhra Pradesh but my passport says Hyderabad.Mahbubnagar Dist and Hyderabad City overlap at someplaces. Any suggestions????

perm2gc
06-18-2007, 12:54 PM
My birth certificate says I was born in Mehbub Nagar Dist, Andhra Pradesh but my passport says Hyderabad.Mahbubnagar Dist and Hyderabad City overlap at someplaces. Any suggestions????
get an affidavit from your parents with address in passport.That will be fine.

rtarar
06-18-2007, 12:58 PM
get an affidavit from your parents with address in passport.That will be fine.
Should I submit the BC as well with the affidavits?

eb3_2004
06-18-2007, 12:58 PM
MY father's name is misspelt in the birth cert. Can i just submit it with 2 affidavits or do I need to get it changed? Please advise.

perm2gc
06-18-2007, 12:59 PM
My Mom's name is spelled different in my certificate vis - a vis my passport.

1) Is it OK?

2) If we need to make a change; what should be the base document? Birth Certificate or Passport( Passport is with me?). Can I get a new birth certificate issued with my mom's name as is in my passport?

3) Will an affidavit suffice?

4) My house name has a spelling mistake in Passport. Should I get the birth certificate with this " Mistake"?

Awaiting the reply. Thanks in advance.
1.No not Ok

2.passport.You may have to check local authorities.

3.May be but talk to your attorney.

4. If you can and if your all other educational certificates reflects same.but Last Name is very important aspect of the whole immigration process.if possible try to correct last name mistake in passport.

perm2gc
06-18-2007, 01:00 PM
MY father's name is misspelt in the birth cert. Can i just submit it with 2 affidavits or do I need to get it changed? Please advise.
you correct it and submit new one.That may not be a big problem if you can shed some money.You can submit an affidavit also but contact your attorney about how to proceed further.

milind70
06-18-2007, 01:01 PM
My birth certificate says I was born in Mehbub Nagar Dist, Andhra Pradesh but my passport says Hyderabad.Mahbubnagar Dist and Hyderabad City overlap at someplaces. Any suggestions????

Well usually in the passport they usually put district as place of birth rather than the actual place where u r born. I was born in Shrirampur which is a taluka in Ahmednagar district in Maharashtra. In my passport it is entered as
Ahmednagar instead of Shrirampur. My birth certificate is issued by Shrirampur muncipality and it nowhere mentions about Ahmednagar. I got affidavites from my parents stating the the detailed place of birth i.e
Shrirampur Ahmednagar District.

perm2gc
06-18-2007, 01:03 PM
Should I submit the BC as well with the affidavits?
yes .submit both.

ameryki
06-18-2007, 02:01 PM
hello my wife's birth certificate was made a few years ago so am working on getting an affidavit from her mother and father following the format posted on this thread earlier. Do i need another 1 in addition to the affidavit from her parents to show "2" affidavits or just having her mother and father on just one will do it?

sands_14
06-18-2007, 02:11 PM
My son's BC has the month written wrong.IS there a way to get it corrected?
Has this thing happened with anyone before?

akred
06-18-2007, 02:21 PM
My son's BC has the month written wrong.IS there a way to get it corrected?
Has this thing happened with anyone before?

You submit an Affidavit by Both Parents (you + your wife) and get it notarized. The reason for the affidavit should state "because the information regarding birth is incorrect with respect to birth date".

As you are in the US, you can get this from any US notary.

milind70
06-18-2007, 02:22 PM
hello my wife's birth certificate was made a few years ago so am working on getting an affidavit from her mother and father following the format posted on this thread earlier. Do i need another 1 in addition to the affidavit from her parents to show "2" affidavits or just having her mother and father on just one will do it?

i think two affidavit rather than one.

akred
06-18-2007, 02:22 PM
hello my wife's birth certificate was made a few years ago so am working on getting an affidavit from her mother and father following the format posted on this thread earlier. Do i need another 1 in addition to the affidavit from her parents to show "2" affidavits or just having her mother and father on just one will do it?

If you are submitting an affidavit by both parents, then that alone is sufficient. The two affidavits are required only if one or both parents are no longer amongst the living.

aristotle
06-18-2007, 02:22 PM
hello my wife's birth certificate was made a few years ago so am working on getting an affidavit from her mother and father following the format posted on this thread earlier. Do i need another 1 in addition to the affidavit from her parents to show "2" affidavits or just having her mother and father on just one will do it?

One affidavit by both parents should do.

aristotle
06-18-2007, 02:23 PM
I had obtained an affidavit a couple of years from my parents using one of the samples floating around. It did not have the mother's maiden name listed.

Is it a MUST? Can we wait for an RFE if its absolutely needed?

akred
06-18-2007, 02:27 PM
I had obtained an affidavit a couple of years from my parents using one of the samples floating around. It did not have the mother's maiden name listed.

Is it a MUST? Can we wait for an RFE if its absolutely needed?

I don't know about this for sure. I think it is not required on the original birth certificate, but it is required when you are creating an affidavit.

This interpretation is supported by the information provided on: http://www.usabal.com/permres/AOS/birth_cert_info.html

Please check with a lawyer to be sure.

sands_14
06-18-2007, 02:30 PM
As I wrote,my son's date of birth is 2nd May which is correct and is there on Birth certificate.
But on his 10th class certificate and Passport,it is 2nd September.
The municipal corporation will not change the date as things are really strict and they dont take such Change requests.
Whats the best route to take?
Any help/advise shall be appreciated.

swarnapuri
06-18-2007, 02:45 PM
As I wrote,my son's date of birth is 2nd May which is correct and is there on Birth certificate.
But on his 10th class certificate and Passport,it is 2nd September.
The municipal corporation will not change the date as things are really strict and they dont take such Change requests.
Whats the best route to take?
Any help/advise shall be appreciated.

Try getting Certificate of Non-Availability for the date of 2nd September which is easier than getting the date corrected. Submit it along with 2 affidavits.

swarnapuri
06-18-2007, 02:49 PM
I had obtained an affidavit a couple of years from my parents using one of the samples floating around. It did not have the mother's maiden name listed.

Is it a MUST? Can we wait for an RFE if its absolutely needed?

I don't this it is a requirement. It is required only for a female applicant not mother of the applicant.

bitu72
06-18-2007, 03:30 PM
Reading though all this post i think you just submit and most of us will have this.

1. school leaving cert/class 10th pass cert
2. 2 affidavits
3. possibly birth cert from consulate
4. if you have PAN card or some other proof.

and be prepared for getting birth cert / NA cert from india. i tried getting these 2 and no luck yet. will take months.

any suggestions/comments???

tnite
06-18-2007, 04:58 PM
Reading though all this post i think you just submit and most of us will have this.

1. school leaving cert/class 10th pass cert
2. 2 affidavits
3. possibly birth cert from consulate
4. if you have PAN card or some other proof.

and be prepared for getting birth cert / NA cert from india. i tried getting these 2 and no luck yet. will take months.

any suggestions/comments???


In chennai,corporation is issuing the non- availibilty certificate in 2 days

raj2007
06-18-2007, 05:57 PM
Reading though all this post i think you just submit and most of us will have this.

1. school leaving cert/class 10th pass cert
2. 2 affidavits
3. possibly birth cert from consulate
4. if you have PAN card or some other proof.

and be prepared for getting birth cert / NA cert from india. i tried getting these 2 and no luck yet. will take months.

any suggestions/comments???


First 2 in the list should work and east to get.

aristotle
06-18-2007, 06:02 PM
I don't this it is a requirement. It is required only for a female applicant not mother of the applicant.

I would think so too.. for the female applicant only if she changed her last name after marriage. For females continuing with maiden name, that shouldn't be an issue either.

Why my mother needs to specify her maiden name on the affidavit is beyond me.

rangaswamy
06-18-2007, 06:47 PM
For everyone who has issues with BC:

My birth certificate has a my mothers name spelt differently from my passport...

Lawyer said that is ok.

A: This should be fine; the difference in spelling is understandable, as the name has been translated to English.

Last name is not expanded:

A: This is fine; we can file with the birth certificate as such, and if the CIS requires more information later, we can provide it at a later time.

Notarised birth certificate:

A: This is fine as well.

These are answers given by my lawyer, so it should be reliable.

The point that my lawyer made was get the application in, if documents are short, you can always submit it at a later time.


Hope this helps
Anand

bitu72
06-18-2007, 07:17 PM
if your place of birth is different can you get birth certificate from different location.

I have asked some people to see if thats allowed at all.

vipul_pandey
06-18-2007, 07:38 PM
Hi,
Regarding Affdavits for birth/marriage, do we HAVE to submit originals or photocopy/scanned-copy/fax would suffice? Any clue anyone?

Thanks!
V

chantu
06-18-2007, 07:48 PM
When I went to India this Feb, I got BC done from my city's Municipal Corp. On that BC, the Receipt date (I presume it is date of issue) is --/2007. But in the column (Date of Registration), the date mentioned is one month after my birth. This BC states that "This is to certify that the following info has been taken the original record of birth which is in the register of my city's Municipal Corp".

As per akred's post, I do not have to take my parent's affidavits, because the date of registration is within one year of my date of birth.

Can somebody please confirm?

indrachat_75
06-18-2007, 07:51 PM
Can anyone advice what is the process when parents are in US and I need to get an affidavit copy for birth cetitificate ?

Indra

factoryman
06-18-2007, 08:19 PM
and get it notarized. Easy and free.

Can anyone advice what is the process when parents are in US and I need to get an affidavit copy for birth cetitificate ?

Indra

chantu
06-18-2007, 09:14 PM
When I went to India this Feb, I got BC done from my city's Municipal Corp. On that BC, the Receipt date (I presume it is date of issue) is --/2007. But in the column (Date of Registration), the date mentioned is one month after my birth. This BC states that "This is to certify that the following info has been taken the original record of birth which is in the register of my city's Municipal Corp".

As per akred's post, I do not have to take my parent's affidavits, because the date of registration is within one year of my date of birth.

Can somebody please confirm?

Guys please help me with this question?

perm2gc
06-18-2007, 09:16 PM
Guys please help me with this question?
You are fine.

perm2gc
06-18-2007, 09:18 PM
I had obtained an affidavit a couple of years from my parents using one of the samples floating around. It did not have the mother's maiden name listed.

Is it a MUST? Can we wait for an RFE if its absolutely needed?
It depends on official dealing your case.Don't worry.You may not get RFE with present volume of cases.

chantu
06-18-2007, 09:44 PM
You are fine.

Thank you.

Sai_Thotapalli
06-18-2007, 09:48 PM
For my friend, his attorney filed his 485 but there is a minor mistake made on dates, birth date for his parent was mentioned wrongly, the year and the month were correct by the date was 16 instead of 26. Will it cause any problems? He is concerned. Responses will be appreciated.

diptam
06-18-2007, 09:59 PM
70% peoples are saying Consulate BC wont work... Last week i went
to NY for renewing my PP and got a BC also for $10.

Its so easy.... Man ... But this is not going to work...


I know someone who has used successfully the birth certificate from SFO Indian consulate.

IMHO As per international treaty, the consulate general is said to be representating the govt of india. If a civil or local municipal authority can issue a certificate and considered valid, why not hight authority like govt. india?

Its very easy procedure with consualte general of india.

The best is to ask lawyer. But as I said, I personally know some one who has used consulate isssued birth certificate and got GC.

srikondoji
06-18-2007, 10:15 PM
in case oh of "Non Availability of Birth certificate", which of the following options should be picked?

3. The birth of [name], was not registered with the [Registry Office/Records Office] of [city], and therefore a birth certificate is not available at this time

OR The birth of [name] was registered with the [Registry Office/Records Office] of [city]. However, the name of [name] was not listed on the birth certificate at the time of registration.

OR The birth of [name] was registered with the [Registry Office/Records Office] of [city]. However, the birth certificate is not available at this time because of the [civil unrest/war] in [country].

I know for sure that third oiption doesnot apply. Either forst or second should be picked in preparing the Affidavit.

Please help.

vrkanti
06-18-2007, 10:16 PM
do you plan to use birth certificate from consulate and along with that give 2 affidavits.

I have unavailability certificate from India and 2 affidavits from parents. I may add this BC to that, total 3.

bitu72
06-18-2007, 10:19 PM
diptam why do u say this is not going to work... i haven't seen anything from any authentic sources denying this wont work... are u not planning to give 2 affidavit along with this ...i saw at murthy and usabal website which said it wont work.... but did not say what happen if you provide affidavit, school records and other stuff.


if you have to wait for BC or NA cert if would take atleast 1 month.

now dilemma is file 1st week or lask week. wonder what happens if u file last week

bitu72
06-18-2007, 10:22 PM
I have unavailability certificate from India and 2 affidavits from parents. I may add this BC to that, total 3.
thats what i should do ..now i just need to drive to houston from dallas to get this...anybody else planning on this... immigratio-law is saying u must be carefull with initial evidence document if incomplete they will reject INSTEAD of RFE

diptam
06-18-2007, 11:01 PM
I can't provide affidavit because i do have a BC from Municipality but that
has 2 names .... My name "Diptam" as well as another "Nickname" and that
2nd name is indicated as ALIAS .... I'm just worried if that ALIAS would send a wrong message to USCIS peoples.. ?????

I also have an Indian Court Affidavit that says in English that the individual with Name as "Diptam" and "NickName" is the same guy...

That's why i got the cool BC with just 1 name from NY but Murthy's website
and 70% of peoples have made me confused again :confused: :confused:

PL ADVISE :eek:

diptam why do u say this is not going to work... i haven't seen anything from any authentic sources denying this wont work... are u not planning to give 2 affidavit along with this ...i saw at murthy and usabal website which said it wont work.... but did not say what happen if you provide affidavit, school records and other stuff.

if you have to wait for BC or NA cert if would take atleast 1 month.

now dilemma is file 1st week or lask week. wonder what happens if u file last week

chantu
06-19-2007, 09:10 AM
1) 2 Affidavits means - One from mother and One from father?? Or do we have to take it from some other relative??

2) What should be the Stamp Paper value or cost in Rupees??

chantu
06-19-2007, 10:06 AM
1) 2 Affidavits means - One from mother and One from father?? Or do we have to take it from some other relative??

2) What should be the Stamp Paper value or cost in Rupees??


Can somebody please answer this?

skothuru
06-19-2007, 10:10 AM
Hi Guys,

Plz someone help me with this:

I got my Birth certificate in May 2005 & it states the following:
This is to certify that the following info has been taken the original record of birth which is in the register as of 2005 in the city's Municipal Corp....

Date of Registration & Date of Issue are of 2005 & all the other info is correct.

Plz tell me if I need to get any affidavit in this case??????

Thanks for your help..

ramus
06-19-2007, 10:10 AM
Doea anybody has format of unavailability of birth certificate...

Where should you get unavailability of birth certificate?

Legal
06-19-2007, 10:14 AM
Can somebody please answer this?

Parents (together) should sign one affidavit,and another relative can sign the second affidavit. The relative wo signs it must have been at least 18 yrs old when you were born.

kams
06-19-2007, 10:19 AM
Doea anybody has format of unavailability of birth certificate...

Where should you get unavailability of birth certificate?

From the munclipal office of your place of birth. Most of these have standard Non-Availibility certificates. One issued by Karnataka govt. reads as follows.

This is to certify that a search has been made on the request of Shri/Smt?Kum__________Son/Wife/Daughter of ____________in the registration records for the year(s)___________relating to ________village.town of _____Taluk ___________of __________district of Karnataka state and found that the event relating to the birth/death of ____________Son/daughter of ____ was not registered.

Date Signature of Issuing authority.


Note that all this a standard form, Form 10 of Govt. Of Karnataka. Chief Registrar of Births and Deaths.

It is in two languages, Kannada and English.

aj2000
06-19-2007, 11:10 AM
1) 2 Affidavits means - One from mother and One from father?? Or do we have to take it from some other relative??

2) What should be the Stamp Paper value or cost in Rupees??


My lawyer said, No stamp paper is needed. Just printout in a white paper and get it signed in the presence of a Notary. (Again, any notary and NOT just magistrate).

Cool.!

smisachu
06-19-2007, 11:16 AM
Hi, I have my birth certificate but my name is not on it..The certificate was issued two days after my birth and in India they usually name babies anywhere up to 1 year. It has my fathers name and Mothers name and date of birth.

Is this OK?

skothuru
06-19-2007, 11:17 AM
Can somebody plz reply?????????:confused:


Hi Guys,

Plz someone help me with this:

I got my Birth certificate in May 2005 & it states the following:
This is to certify that the following info has been taken the original record of birth which is in the register as of 2005 in the city's Municipal Corp....

Date of Registration & Date of Issue are of 2005 & all the other info is correct.

Plz tell me if I need to get any affidavit in this case??????

Thanks for your help..

nonimmi
06-19-2007, 11:21 AM
Can somebody plz reply?????????:confused:

My lawyer said registration date will not be a problem. Please verify.

sands_14
06-19-2007, 11:21 AM
Its ok if you dont hv name

nonimmi
06-19-2007, 11:23 AM
and get it notarized. Easy and free.

Please post the link for affidavit sample.

aj2000
06-19-2007, 11:26 AM
Hi, I have my birth certificate but my name is not on it..The certificate was issued two days after my birth and in India they usually name babies anywhere up to 1 year. It has my fathers name and Mothers name and date of birth.

Is this OK?

from father and mother (as per my lawyer).

cooldude
06-19-2007, 11:30 AM
Hi, I have my birth certificate but my name is not on it..The certificate was issued two days after my birth and in India they usually name babies anywhere up to 1 year. It has my fathers name and Mothers name and date of birth.

Is this OK?

I think you should get a notarized affidavit from your parents.

cooldude
06-19-2007, 11:32 AM
I had a question. My birth certificate is in Punjabi. I got it translated in English and had it notarized??

Do I need to attach the Punjabi version in my application package??

nonimmi
06-19-2007, 11:35 AM
The I-485 form says - "Other record of your birth that meets the provisions of secondary evidence found in Title 8, code of Federal Regulations (CFR), 103.2 (b) (2)"
Does any one know what are the provisions of secondary evidence ?

sands_14
06-19-2007, 11:36 AM
Thats the original copy,needs to be attached with translated copy

nonimmi
06-19-2007, 11:39 AM
Please post the link for affidavit sample.

factoryman
06-19-2007, 11:40 AM
Here it is:

Sample Affidavit of Birth for Parents

AFFIDAVIT BY [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] (Mothers Maiden Name: Mother's Maiden Name)

Re: [Child's First Name] [Child's Last Name] (If child is married, list the following: (Child's Maiden Name: Child's Maiden Name))

We, [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name], hereby depose and say:


Our full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].

That I, [Mother's First Name] [Mother's Last Name] (Mother's Maiden Name: Mother's Maiden Name), was born on [date] in the town/city of [name of city], [country].

We married on [date of marriage] in the city of [name of city], [country].

We [Father's First Name] [Father's Last Name] and [Mother's First Name] [Mother's Last Name] had the following children:
a. [Child’s First Name] [Child's Last Name] (If child is married list the following: (Child's Maiden Name: Child's Maiden Name) born on [date]; and

b. [list all of the other children, if applicable].


[Child's First Name] [Child's Last Name] was born in [name of city], [country].

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Child's First Name] [Child's Last Name].

We declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Father's First Name] [Father's Last Name] and signature

_________________________
[Mother's First Name] [Mother's Last Name] and signature

Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.




Sample Affidavit of Birth for Close Relative



AFFIDAVIT BY [Close Relative's First Name] [Close Relative's Last Name]

Re: [Applicant's First Name] [Applicant's Last Name] (If child is married, list the following: (Applicant's Maiden Name: Applicant's Maiden Name))

I, [Close Relative's First Name] [Close Relative's Last Name], hereby depose and say:


That I, [Close Relative's First Name] [Close Relative's Last Name], was born on [date] in the town/city of [City], [Country].

My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].

That I am closely related to [Applicant's First Name] [Applicant's Last Name]. I am his/her [fill in: uncle, aunt, grandparent, etc.]

That [Applicant's First Name] [Applicant's Last Name] was born on [date] in [name of city], [country] to [Mother's First Name] [Mother's Last Name] and [Father's First Name] [Father's Last Name].

That I have direct personal knowledge of the event and circumstances concerning the birth of [Applicant's First Name] [Applicant's Last Name] because [state how you are aware of the birth or birth date].

That I have known the applicant since [month/year].

This affidavit is being submitted because [CHOOSE ONE] there is no official record of birth [OR} the official record of birth is incomplete concerning [Applicant's First Name] [Applicant's Last Name].
I declare under penalty of perjury, that the foregoing is a true and correct statement.

_________________________
[Close Relative's First Name] [Close Relative's Last Name] and signature



Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.

sands_14
06-19-2007, 11:40 AM
My uncle lives in India but in a differenmt state.Can he send the affidavit from his state or does he need to come to my birth place to sign???
If I go by logic,I think its hould not be a problem if he send from his residence,still wanted to have an expert opinion.
Please help

cooldude
06-19-2007, 11:42 AM
Thats the original copy,needs to be attached with translated copy

For my wife, Office of Registrar of Births and Deaths which issued the certificate in Punjabi issued a certificate in English.

I guess I don't need to attach the Punjabi version with her file, but on the side of English version it says its a translated version. I am just confused.

Please guide. Thanks

sands_14
06-19-2007, 11:44 AM
To be sure,just attach both.Whats the harm?

Anyways,any answers to my question that whether affidavits can be sent from different states than state of birth?

siddhu98
06-19-2007, 11:57 AM
I have got the non-availability BC in English. But my name is written in Tamil. Do I need to get it translate non-availability BC in English? If yes, Can I get it notarized here in US or must be from India?

Thanks and appreciate your input.

nonimmi
06-19-2007, 12:37 PM
Some of my friends got it notarized here in US.

rtroy
06-19-2007, 12:47 PM
I got confussed with the Birth certificate Issue's:

If I have birth Issued my Mandal Revenue officer (In case of Village born people ) that's fine right i.e I don't need any Affidavit right or do I need anything more.

any reply appreciated, Thanks in advance.

chantu
06-19-2007, 12:48 PM
Some of my friends got it notarized here in US.

How is it possible to notarize in US if your parents are in India??

Also, if we notarized the affidavit in different city other than the birth city but same state, is it fine??

nonimmi
06-19-2007, 12:51 PM
How is it possible to notarize in US if your parents are in India??

Also, if we notarized the affidavit in different city other than the birth city but same state, is it fine??

This statement is TRUE only when parents are here in US. Please follow the thread.

chantu
06-19-2007, 12:57 PM
This statement is TRUE only when parents are here in US. Please follow the thread.

then can you please answer my second question??

Legal
06-19-2007, 01:20 PM
My uncle lives in India but in a differenmt state.Can he send the affidavit from his state or does he need to come to my birth place to sign???
If I go by logic,I think its hould not be a problem if he send from his residence,still wanted to have an expert opinion.
Please help

This is my understanding:
Your uncle should attest that he knew your birth on that day at that specific place to your parents etc ...his signature can be notarized anywhere.

However, the non-avialbility certificate should come from the administrative official at ur place of birth.

factoryman
06-19-2007, 01:29 PM
As a rule of thumb, for India, (as defined in the US Foreign Manual), no non-availability is expected if your are born before 1970. So only birth affidavit. I didn't submit a BC non-availability letter. My attorney didn't ask one. I guess the above could be the reason.

But, for those born after 1970, when issuing of BC was mandatory and common practice in India ( I am not saying this - the US Foreign Manual says this - I didn't read the maual - I read it being quoted so), if affidavits is given
for birth in lieu of BC, then you are expected to submit BC non-availability letter.

I got confussed with the Birth certificate Issue's:

If I have birth Issued my Mandal Revenue officer (In case of Village born people ) that's fine right i.e I don't need any Affidavit right or do I need anything more.

any reply appreciated, Thanks in advance.

mirage
06-19-2007, 01:45 PM
Guy's I have got a birth cert from the municipal corporation of my city, my lawyer says that you should get a certified version of Birth cert. Now what is that ???? She says you should be able to get that from the court in India

factoryman
06-19-2007, 01:45 PM
Here is what one of 'them (http://www.hammondlawfirm.com/document_aquisition.htm)' says:

OBTAINING A BIRTH CERTIFICATE, MARRIAGE CERTIFICATE OR DIVORCE DECREE

The State Department, in its Foreign Affairs Manual, provides detailed information regarding the availability of birth certificates, marriage certificates and divorce decrees for each country. INS examiners and consular officers rely on the information contained in the Foreign Affairs Manual. Below is a listing of a few of the most commonly addressed issues from the Foreign Affairs Manual.

INDIA a) Birth certificates:
Available. Prior to 1970, reporting of births was voluntary. Birth certificates of Europeans, Anglo-Indians, Armenian Christians, Jews and Parsis born prior to 1970 may be obtained from the State Registrar General of Births, Deaths and Marriages. No standard or uniform certificate is issued by the authorities. In addition, acceptable certificates may be obtained from the municipal and rural registration records which are maintained under the state laws.

In cases where birth certificates are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either of the parents, if living, or other close relatives older than the applicant, may be submitted. Such affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist.

b) Marriage Certificate:

Available. The Hindu and Muslim Communities do not usually register marriages; however, marriages by Hindus, Buddhists, Jains or Sikhs may be voluntarily registered under the Hindu Marriage Act of 1955.

A document termed as 'Marriage Agreement" or "Deed of Marriage" is not considered confirmation of a marriage and does not confer upon the parties legal marital status.

c) Divorce Decree:

Available.

factoryman
06-19-2007, 01:46 PM
Take your BC to a bank here in US and get it notarized and send.


Guy's I have got a birth cert from the municipal corporation of my city, my lawyer says that you should get a certified version of Birth cert. Now what is that ???? She says you should be able to get that from the court in India

mirage
06-19-2007, 01:58 PM
No it isn't the notary thing. I specifically asked that. She told me you need that from Indian courts. Can we apply 485 no and then send Birth cert. later ?
Take your BC to a bank here in US and get it notarized and send.

Guy's I have got a birth cert from the municipal corporation of my city, my lawyer says that you should get a certified version of Birth cert. Now what is that ???? She says you should be able to get that from the court in India

factoryman
06-19-2007, 02:00 PM
Affidavit of birth, on a non-judicail stam paper, the thing that you can buy and get it done in courts.

Seriously, look for an vendor/typist under an umbrella, under a tree, in or around courts. That is what she means.

Want more details. Look at my other posts for 'samples'
No it isn't the notary thing. I specifically asked that. She told me you need that from Indian courts.

mirage
06-19-2007, 02:04 PM
I'm not able to find it. Can you please send me a URL
Affidavit of birth, on a non-judicail stam paper, the thing that you can buy and get it done in courts.

Seriously, look for an vendor/typist under an umbrella, under a tree, in or around courts. That is what she means.

Want more details. Look at my other posts for 'samples'

factoryman
06-19-2007, 02:08 PM
Come on. Be serious. Get serious.

You didn't find. Man, I am struggling hard, it is hard work (my Preznit told me), to live upto this expectation. I should rather be clearing bushes.

http://immigrationvoice.org/forum/showthread.php?t=5320

or

this post on this same thread:

http://immigrationvoice.org/forum/showpost.php?p=86452&postcount=226


I'm not able to find it. Can you please send me a URL

mirage
06-19-2007, 02:12 PM
Yeah I found that one but that is an affidevit in case the Birth record was not found. In my case the Birth record exist and the Municipal corporation has issued the Birth cert. Now why should I require a affidevit from Parents saying there was no birth record ?
Come on. Be serious. Get serious.

You didn't find. Man, I am struggling hard, it is hard work (my Preznit told me), to live upto this expectation. I should rather be clearing bushes.

http://immigrationvoice.org/forum/showthread.php?t=5320

factoryman
06-19-2007, 02:15 PM
means, I am giving, I am givng.

You need no ******** affidavit or no ******* non-availability certificate.

Just take a copy of BC and send it to attorney. If he or she still insist on the above two, change lawyer.

just in case, you need NAC:

A SAMPLE UNAVAILABILITY CERTIFICATE FOR BIRTH




FORM No. 18
(Rule 14)




Government ________________________

Department _________________________


Name of Applicant___________________________

Application Number__________________________



Issue of untraceable certificate under the Births and Deaths Registration Act of 1969.

It is certified that on the request of ________________, son of __________,

the relevant registration record of village ________, Police Station

__________, District________, was searched and it has come to notice

that the original birth register for the year _____ is not available.

____________________________
(Signature and certificate)

____________________________
(Signature of issuing authority)





Yeah I found that one but that is an affidevit in case the Birth record was not found. In my case the Birth record exist and the Municipal corporation has issued the Birth cert. Now why should I require a affidevit from Parents saying there was no birth record ?

abhijitp
06-19-2007, 03:02 PM
Even my company paralegal told me it should be sworn in before a first class magistrate in India. When I asked (how stupid!) what that means, he just repeated the same statement.

However I believe that simply getting it notarized by any notary/Special Executive Magistrate in India should be sufficient. That is what I asked my parents to do. Am I correct in doing this? Do you guys suggest asking my parents to go to a "court" for getting this affidavit notarized?

And, for the affidavits done in the USA (I will be doing one for my kid born in India), do I need to simply get it notarized by a notary in the USA (that is what I think it is!), or do I need to also get it attested by the Indian Consulate?

Thanks!
Abhijit
(Contribution so far: $100)

WillIBLucky
06-19-2007, 03:18 PM
Even my company paralegal told me it should be sworn in before a first class magistrate in India. When I asked (how stupid!) what that means, he just repeated the same statement.

However I believe that simply getting it notarized by any notary/Special Executive Magistrate in India should be sufficient. That is what I asked my parents to do. Am I correct in doing this? Do you guys suggest asking my parents to go to a "court" for getting this affidavit notarized?

And, for the affidavits done in the USA (I will be doing one for my kid born in India), do I need to simply get it notarized by a notary in the USA (that is what I think it is!), or do I need to also get it attested by the Indian Consulate?

Thanks!
Abhijit
(Contribution so far: $100)
Notorise it and that will take care.......I heard from my relative in India that the Notory guy was telling that they do this all the time. He did in 10 minutes all the things required and I have it now. Just got them today.

ramus
06-19-2007, 03:19 PM
Did anybody got letter of birth unavailbility yet? IF yes could you guys please send the format that you got.

Thanks.

factoryman
06-19-2007, 03:21 PM
i can't type, i am eating lunch. or else i wil give a detailed reply.

Did anybody got letter of birth unavailbility yet? IF yes could you guys please send the format that you got.

Thanks.

ramus
06-19-2007, 03:26 PM
already Saw that.. But just want to see if somebody really got one recently and what is format..

Have a good lunch..


i can't type, i am eating lunch. or else i wil give a detailed reply.

kvsm
06-19-2007, 03:34 PM
My lawer asked for seperate affidavits from both parent and one from the close relative as well. Here is the format that I used.

I, [Father's First Name] [Father's Last Name], hereby depose and say:
1. My full and complete address is [street address with apartment or house number, town/city, state, postal zip code].
2. That I, [Father's First Name] [Father's Last Name] was born on [date] in the town/city of [city], [country].
3. I got married on [date of marriage] in the city of [name of city], [country].
4. [Child’s First Name] [Child's Last Name] my son was born to me and [Mother’s First Name] [Mother's Last Name] on [date] at [place of birth].
5. This affidavit is being submitted because there is no official record of birth concerning [Applicants’ First Name] [Applicant’s Last Name].
I declare under penalty of perjury, that the foregoing is a true and correct statement.
_________________________
[Father's First Name] [Father's Last Name] and signature

Subscribed and Sworn to before
Me, this ____ day of __________,
[YEAR] at ______________________.

JazzByTheBay
06-19-2007, 03:51 PM
The problem with Birth Certificates issued by the Indian Consulates or Embassies abroad is that they're not really certifying birth, jus the fact that "based on Jobh Shmoe's passport number BLAH he/she was born on date BLAH in place BLAH". I fail to see the point!

Nevertheless, let me point out that such a birth certificate was completely valid and accepted by the Canadian immigration folks when we got our Canadian immigration done.

jazz

This is what my attorney told me.. "USCIS does not accept birth certificates issued by Consulates"