Anyone with Birth Certificate Query ???

U

ushap

Registered Users (C)
Anyone with Birth Certificate RFE/Query ???

Hi all,

Did any one of you expecting 485 approval got a query/RFE related to the Birth Certificate.

I heard the following related to the birth certificate:

"If the date of birth on the certificate is different from the date of registration on the certificate, then an RFE is issued and people were requested to get an Affidavit of Birth ".

Please share your experiences on this. This is useful to all the folks on this forum who are expecting 485 approvals so that one can arrange and keep the Affidavits ready before hand if gotten any RFE's.
 
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This kind of RFE seems to be very common from the CA service center. VSC occasionally issues it, but not as common as CSC does. Better to keep affidavits handy in advnce to avoid any delay in case of an RFE.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
My date of birth is registered very recently.

Also, as per my lawyer's advice, my spouse submitted only 2 affidavit of support from his parents without any non-availability certificate, ( As per her, INS clearly mentions- if born before 1969, non-availabily certificate is not required. Two affidavits may suffice the application.)

However,I am hearing very different opinions in this forum. As per one post, BC from embassy, got approved without any RFE. So , have decided to do nothing unless get an RFE (Hope I don't get it)....

If anyone has something to contribute to this issue, please do! That would be a lot of help.
 
Did any one from VSC center had an issue relating to the Birth certificate recently.

Please share your experiences.
 
I got a RFE for Birth Certificate from VSC. I submitted a birth certifcate from the local authority and since then my case has been approved.

They need either a birth certifcate or two affadavits.
 
Some more info from my earlier post

My Dad, he was able to procure the Birth Certificates both in Hindi and English, from the local authority in India.

The issuing authority is Jamshedpur Notified Area Committee, Government of Jharkhand, Directorate of Statistics & Evaluation, Jharkhand. It is signed by the Registrar, Births & Deaths, Jamshedpur.

From all the research I did on the subject the following is very important on the birth certificate:

1) Your name correctly spelt
2) Date and place of birth
3) Date when birth was registered
4) Both the parents' names correctly spelt.

Here are the relevant portions from an INS manual I found on a website:

Evidence of Birth/ Birth Certificate

The applicant must submit evidence of their place of birth for purposes of chargeability, identity and derivative relationship. The most common evidence is the birth certificate. The birth certificate must:

• be issued by a recognized civil authority from the applicant's country of birth,
• be timely registered,
• show date and place of birth, and
• show the names of both parents.

*Note: If the document is written in another language, the applicant must include a certified English translation.

Verify the data on the I-485 with information from the birth certificate. If the name or date of birth is not complete or correct, you must make corrections to the I-485 with red ink and update CLAIMS with the correct data.

There is other acceptable evidence of the place of birth for an applicant. If you do not have, or cannot get, the applicant's birth certificate, the following documents may be acceptable as secondary evidence:
• the biographical data pages of the applicant's passport;
• baptismal certificates; or
• affidavits (these may be substituted for certain countries, see FAM when in question).

This evidence can establish chargeability, identity and derivative relationships for dependent spouse and children.

-retroactive birth certificate-possible fraud
-rectification of birth certificate-possible fraud
-date added later to birth certificate-possible fraud
 
birth certificate

I also got a birth certificate much later than my actual birth date.
My case is still pending, but I want to get some affadavits from
my parents just in case. Is there a template for this
affadavit that has been used?
Also, on the birth certificate, my mother's first name has been spelt as Malti, whereas it is really spelt as Malati.
Can I also include this in the affadavit from my mother?
Any help is appreciated.
 
Birth Certificate

Below is a sample Affidavit form as per my attorney's office.

I have the same problem as Born on one day, registed on some other day , School certificate yet another day case. ( I couldn't obtain Non-availability because mine is registered but for a wrong date. The municipality won't issue).
I told my att. office. They asked me to send Affidavits, Passport Page with Birth date, Marriage certificate with DOB.

Lets see what VSC has to say.

Thanks
*****************************

Date:
AFFIDAVIT
I, ________________ (name of person preparing the Affidavit), after being duly sworn, do hereby depose and say that:
1. I am a citizen and national of ________________(country), born on _________(date) at _________________________(place/country).

2. I have direct knowledge of the birth of _________________(person for whose benefit the Affidavit is being prepared “Beneficiary”), as I am his/her _________________(state the relationship, for example, father/mother/uncle/aunt, etc.) and was _____________________ (present at birth, was telephoned by mother or visited next day in hospital).

3. ____________________(Beneficiary) was born on ___________(date of birth) at _________________ (place of birth, including country).

4. __________________’s (name of Beneficiary) natural parents are ___________, the mother (name of mother) and ______________, the father (name of father).

5. His birth was registered but the birth certificate does not indicate the child’s name. This Affidavit of Birth Facts is being offered as the recorded birth certificate for _____________________(name of Beneficiary).

6. It is my prayer that this Affidavit be accepted for this purpose.

I AFFIRM under penalty of perjury and upon personal knowledge that the above statements and facts are true and accurate to the best of my knowledge, information and belief.

Signature_____________________
(Name of person)

Date: ___________


STATE OF _________, CITY/COUNTY OF __________, TO WIT:

I HEREBY CERTIFY THAT on this ____ day of _______, 2000, before me, a Notary Public of the aforesaid State and City/County, personally appeared ______________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, who acknowledged that she has executed it for the purposes therein set forth.
 
Does it have to be your immediate relatives for affidavit especialy most of our relatives are overseas. ALso I got a snese that BC from embassy are not preferred from the above emails why is that.

The reasonw hy I am asking is I wa supposebly issued an RFE but I have notyet received it and my birth certificate was an embassy issued birth certificate. I am waiting for the RFE to come but meanwhile I Was curious why an embassy issued BC is not credible.
 
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