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Receipt tracker of 485, EAD and AP applications Track receipt notices, checks and processing delays in 485, EAD and AP petitions.

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  #1 (permalink)  
Old 04-30-2011, 01:13 PM
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I140 Mailed Date
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07/16/2006
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default URGENT: help regarding parents' affidavits for spouse's birth certificate

Hi,
I am lost trying to find information on this.

Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?

I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

Please advise

PS: FYI, they went to the Palghar court in Maharashtra, India.
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  #2 (permalink)  
Old 04-30-2011, 01:49 PM
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ascetic has a reputation beyond repute ascetic has a reputation beyond repute ascetic has a reputation beyond repute ascetic has a reputation beyond repute ascetic has a reputation beyond repute ascetic has a reputation beyond repute ascetic has a reputation beyond repute ascetic has a reputation beyond repute ascetic has a reputation beyond repute ascetic has a reputation beyond repute ascetic has a reputation beyond repute
Default

Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.

Last edited by ascetic; 04-30-2011 at 01:59 PM.
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  #3 (permalink)  
Old 04-30-2011, 02:45 PM
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insbaby has a reputation beyond repute insbaby has a reputation beyond repute insbaby has a reputation beyond repute insbaby has a reputation beyond repute insbaby has a reputation beyond repute insbaby has a reputation beyond repute insbaby has a reputation beyond repute insbaby has a reputation beyond repute insbaby has a reputation beyond repute insbaby has a reputation beyond repute insbaby has a reputation beyond repute
Default

Why is the issue date matter?

When was the birth registered? If it says recently, then you should go thru the process.

If the birth was registered proerly at right time, you will not have problems.

Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
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Consult a qualified immigration lawyer always before you act.
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  #4 (permalink)  
Old 04-30-2011, 02:57 PM
Member
Priority Date
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May-06
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EB2
I140 Mailed Date
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07/16/2006
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Processing Stage
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I-140+I-485
I485 Mailed Date
:
09/28/2008
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shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default

Quote:
Originally Posted by insbaby View Post
Why is the issue date matter?

When was the birth registered? If it says recently, then you should go thru the process.

If the birth was registered proerly at right time, you will not have problems.

Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
The birth was registered just two months later -- but from what I've been reading the issue date (being so recent) does raise some eyebrows as well. The question posed is ... why haven't you tried to get a 'correct' birth certificate issued so far and only got it issued last month for US immigration purposes.

To be really safe, our lawyer is requesting we get affidavits sworn as well.
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  #5 (permalink)  
Old 04-30-2011, 02:59 PM
Member
Priority Date
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I140 Mailed Date
:
07/16/2006
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Processing Stage
:
I-140+I-485
I485 Mailed Date
:
09/28/2008
Compare
Join Date: May 2006
Posts: 56
shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts shishya is infamous around these parts
Default

Quote:
Originally Posted by ascetic View Post
Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.
Thanks for your reply. But we are trying to avoid any RFEs whatsoever. And per our lawyers the manual does require a first class magistrate swearing
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  #6 (permalink)  
Old 04-30-2011, 04:31 PM
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Default

Quote:
Originally Posted by shishya View Post
Hi,
I am lost trying to find information on this.

Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.

However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.

When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!

Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?

I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.

Please advise

PS: FYI, they went to the Palghar court in Maharashtra, India.

The rule is

If you dont have a birth certificate
- You need affidavites from both parents

If you have a birth certificate issued after 1 year of date of birth
- You need affidavites from both parents

If you have a birth certificate issued within 1 year of date of birth
- You do not need affidavites

Dont worry i applied for birth certificate in 2005 in india and submitted that along with affidavites from parents and the documents were accepted
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  #7 (permalink)  
Old 04-30-2011, 04:38 PM
Senior Member
Priority Date
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Jun-06
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I140 Mailed Date
:
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Chargeability
:
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Processing Stage
:
I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Sep 2008
Posts: 129
willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute
Default

Shisya,

Ascetic, EBX-Man are right, you need affidavits in those situations.

Get the affidavit in a non-judicial Bond paper sworn and attested before a notary public from both Parents, that should be sufficient, you do need to go to a magistrate.
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  #8 (permalink)  
Old 04-30-2011, 06:11 PM
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Default

question releated to same issue :

both father and mother has to issue seprate birth affidavit ( I mean on different non-judicial paper affidavit ?

do you know any particular format for this ?

Thanks
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  #9 (permalink)  
Old 04-30-2011, 07:43 PM
Senior Member
Priority Date
:
Jun-06
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I140 Mailed Date
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:
08/10/2007
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willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute willIWill has a reputation beyond repute
Default

Yes one from Mother and one from Father.

You may find a sample by googling.
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