BC Problem.

[scipio marcus]

I have my interview scheduled for next week, but I have run into one hiccup.

My spouse, who is a USC, doesn't have her Birth Certificate. At first she thought her parents had it, and since they were flying into the country (arrived last week) I thought I would just get it from them then. But her parents cannot find her birth certificate. She does have a Certificate of Naturalization and a valid U.S. Passport. Those are what we used in the application for GC. And so far, no RFE for her BC and we did get the interview letter. But I am wondering if this is going to be a problem during the interview? I'm quite annoyed at the situation, but I have to be calm and consider what my options are at this late juncture.

So any advice?

 

[PaulK]

We have the same problem. I'm naturalized US Citizen and I don’t have my original BC. I have certified, translated copy, which I submitted with my wife’s I-130/I-145. Our interview is on June 24.
Please let me know how your interview goes.

Thank you

 

[Jackolantern]

You don't need the birth certificate if you have a naturalization certificate.

 

[PaulK]

You don't need the birth certificate if you have a naturalization certificate.

That’s what I thought, but I-485 form calls for sponsor’s birth cert and naturalization cert. Anyway, I had my parents get me a new BC form my native country and I should have it before the interview just in case.

 

[Jackolantern]

That’s what I thought, but I-485 form calls for sponsor’s birth cert and naturalization cert.

No it doesn't. The immigrant's birth certificate is necessary, not the sponsor's birth certificate. Note that the I-485 is to be filled out by the immigrant, and the instructions are addressing the immigrant, not the sponsor. So when the I-485 instructions say to include a copy of "your" birth certificate, they're not talking about the USC sponsor.

 

[scipio marcus]

Crisis averted, she found the BC. I thought the same Jackolatern, but in the interview letter it says "Your spouse's Birth Certificate and your spouse's evidence of United States Citizenship" so I just wanted to be on the safe side.

 

[Jackolantern]

Crisis averted, she found the BC. I thought the same Jackolatern, but in the interview letter it says "Your spouse's Birth Certificate and your spouse's evidence of United States Citizenship" so I just wanted to be on the safe side.

OK, since you have it you can bring it. But when you show the passport or natz certificate the interviewer almost surely won't ask for the USC spouse's birth certificate.

Perhaps the birth certificate is just something they want you to bring in case there is a name discrepancy in the documents (spelling, order etc.), in which case they would refer to the birth certificate as the "tiebreaker" to determine the name (unless there is another document representing a name change).