Birth Certificate Name

[ela6]

Hi there,
I have couple of questions.
1. My birth certificate was "registered" only recently. In other words, a birth certificate was issued recently based on an affidavit. So, the birth certificate shows that the birth was registered only in October 2004.
2. My birth certificate has only my mom's first name.
3. My wife's birth certificate does NOT have her name in it. Only her parents name is mentioned.

How do I handle this issue. I was told that the birth should be timely registered and the birth certificate should have parent's first name and last name.
Also, it should have the name of the person on it.

Please let me know what to do. Thanks
Ela

 

[srisubu]

I don't know about your case. Whereas your wife's case is matching to mine. When I got my Birth Certificate, they didn't put my name instead there was big dash ----- and they had my parent's name in it.
I asked my parents to go to the birth register office again with my copies of Passport (matching the same birth date, city of birth, parents name), my High School Certificates and my college Transfer Certificate. They showed enough evidence to prove that it was me along with $$$. They gave me a new Birth Certificate with my first and last name along with the all other information. So, you can try as well for your wife's Birth Certificate. As I mentioned earlier, I don't know anything about your case (Sorry).

 

[akrawal]

Birthcertificate

Hello Ela6,

INS generally takes objection for birthcertifcate not issued at the time of birth, couple of my friend did the same as you and two of them got RFE and eventually approved upon producing affadvit.
My Lawyer says you do not need birthcertificate if you can get affadvit from your parent, and submit to INS, INS accept the afadivit as valid birth certificate. I and my spouse did not had a birthcertificate we submitted affadavit and are approved.
Get affadvait from your parents, you should be OK

This is the TEXT FROM I-485 SOP

"SECTION 7: ADJUDICATIONS
Page 7- 3.12
09/28/01
Required Initial Evidence, Continued
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."

More about the whole process can be read in the attachment
Cheers,
ak

 

[ela6]

Thank you very much Akrawal and Srisubu for the valuable information. I had these birth certificates and was about to mail my I485. Then, I realzied these issues. Guess, I have to hold off mailing them

Hello Ela6,

INS generally takes objection for birthcertifcate not issued at the time of birth, couple of my friend did the same as you and two of them got RFE and eventually approved upon producing affadvit.
My Lawyer says you do not need birthcertificate if you can get affadvit from your parent, and submit to INS, INS accept the afadivit as valid birth certificate. I and my spouse did not had a birthcertificate we submitted affadavit and are approved.
Get affadvait from your parents, you should be OK

This is the TEXT FROM I-485 SOP

"SECTION 7: ADJUDICATIONS
Page 7- 3.12
09/28/01
Required Initial Evidence, Continued
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."

More about the whole process can be read in the attachment
Cheers,
ak