Birth Certificate question

G

Gee Vee

Registered Users (C)
Hi All:

I am part of the list of the unfortunates whose official date of birth is different from the real d-o-b. Yes, I was admitted to school a few months earlier.

My lawyer asked me for a non-availability certificate when I first told him that my birth certificate is not available. However I can\'t get a non-availability certificate since technically the municipal office has my record (showing my real date). I explained the whole situation to the lawyer, and now he is asking that I get a duplicate birth certificate showing my real date and then get the date corrected in my passport! I looked into the passport change option; but that seems to be very difficult (nearly impossible).

What are my options here? Can I simply get a BC from the Consulate and use it with affidavits from parents/relatives? I guess I can also produce notarized copies of my school board certificate.

Any help/advice will be much appreciated.

Thanks,

-GV
 
I had the same problem.. All I did was to get a non-availability certificate from the municipality. File a request with your municipality for a duplicate of your birth certificate with your official date of birth.. Obviously, they will not be able to find one (since you weren\'t really born on that date!!), so they will issue you a "Non Availability" certificate...

Thats how I got mine..

Hope this helps..

GcWanted
 
non-availability

Give only notarized affidavits. INS won\'t issue RFE. I gave only affidavits. If they issue RFE , try to get non-availability cert. Give also first page of SSC showing official birth date ( I did not give that). Good luck.
 
No Title

By the way, you have to suppliment the non-availability with two affidavits. One from one of your parents and another one from one of your close relatives who is at least 20 years older than you..

Forgot to mention, I got approval without any RFE!

GcWanted
 
Got aproved with two affidavits

I had the same problem. I submitted a copy of the original doc showing the "wrong"
birthdate plus two affidavits from parents the correct DOB was as per my other records.

I got approved last week w/o RFE.
 
why not go as if you don\'t have a birth certificate

why go thru all the hassles of changing birth date in all your legal documents? Just go with 2 affidavits from your parents (each one) and then 2 affidavits from your uncle / aunt who are aged similar to your parents. Get it notarized in India (if you belong to India) and send it in. I sent mine in & they seem to have accepted it.

My BC and actual date are 4 months apart.

AussieCoolDude
 
Of late RFEs are being issued for Non Availablity of Birth Certificate....

My lawyer Insisted for that !!! Better to have non-availabilty certificate along with Affidavite.
 
Latest

Thanks again for all the suggestions/experiences.

My dad tried what gcwanted recommended; but unfortunately that didn\'t work. Apparently the municipal office search came back with my original date of birth, so they refused to issue the non-availability cert. My dad is trying some other avenues to get the cert; but I don\'t know how successful it will be. I guess I\'ll know in a week or so.

I will certainly get affidavits from a couple relatives in addition to my parents.

If I can\'t get this non-availability cert I think I\'ll try what dev_null suggested. My only concern is the difference in dates. In my case it is 5 months, so I am wondering if INS will buy it or not.

I definitely don\'t want to change dates in my passport and all other legal documents.

What a mess.
 
get a birth cert from Indian Embassy

Hi Gee Vee,

Me and my husband, both had similar problems. Incomplete/mispelled cert for me and wrong d-o-b for my husband. We wanted the cert\'s which would reflect our passport dates. We inquired in Indian Embassy (San Francisco,... I think) and they do give you a birth certificate based on your passport. In fact we didn\'t even have a proper marriage cert,.. we sent out our invitation card, some marraige photo\'s and (and some money ofcourse) and got it all in mail in about a week!

Srsh
 
Thanks Srsh

I spoke to my lawyer again today and finally he agreed that BC from the Consulate is fine.
 
it should be

The BC should be fine because they list all the information the INS wants. Something like both your parents name should be listed, your birth place, date .... Some BC\'s from India don\'t have all the info.. You might want to check with consulate that they don\'t forget any of the details you want to be listed. And of course, you might want to add affidavits,...

Good luck!
Srsh
 
Format for Birth Certificate Affidavit ?

Can any one Pl give a general format of Affidavit to be provided by parents in support of your birth Certification. Yr help is greatly appreciated. Thanks.
 
No Title

My I-140 is approved recently. I opted for CP in Chennai. Here is
    The problem. My wife\'s birth was actually registered on Dec 25, 1972.
   But her school records indicate that date of birth is Jan 15, 1973.
    She got the passport based on the school date of
   Birth and got H4 visa too.

   I talked to my attorney about that. He asked me to take the original
   birth certificate from the muncipality with 1972 date and get the affidavits
   from parents saying that date was entered wrong in the school system.
   He also said try to change the passport to reflect the 1972 date.

   We talked to the indian consulate in Houston. They said they are not
   going to do that. Said it has to be done in India only since it was issued
   in India. For that we need to get the court order to issue a new passport
with the original date. What a mess.

  I think Chennai consulate people are strict compared to other consulates in india.
  I am planning to change to 485 instead of CP. Is it Okay to apply 485 with just
affidavits from parents?. We can not even get non-availability certificate, since the
actual birth was registered?

What should I do?
 
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