I am filing I 130 for my mother, I do not have her birth certificate with me. She is here in the US and her birth certificate is on its way. I have to file the I 130 now, can not wait for birth certificate to arrive. Any one know what will happen if I send my application without the birthcertificate? Will they give me "case recived" date or will send the whole application back?
Birth Certificate
- Thread starter karachi
- Start date
PrinceofJungle
New Member
karachi said:
Karachi waly bahi,
Use an Affidavit from any relative (except u) about her birth
this will help u , see the sample.
http://www.immihelp.com/gc/aos/birth_affidavit.html
http://www.usabal.com/permres/AOS/birth_cert_info.html
and even u don't have anyone relative,
ask any relative in karachi to sign and fax u .
birthcertificate in way mean??? its issued and ur relative are sending or it may take time to get issued?
if issued ask them to Notarized it and fax to u, this will work too
Good luck
Last edited by a moderator:
vineetgsvm
Registered Users (C)
about birth certificate
hello there,
i read the similar suggestion abt birth certificate. kindly let me know if only certification from the hospital works or from the local govt. body certificate holds good. in my case it 's not possible to get either now what are the alternatives??? affadavit from relatives?? duly notarised or what exact document may act as the replacement??????
kindly advice
hello there,
i read the similar suggestion abt birth certificate. kindly let me know if only certification from the hospital works or from the local govt. body certificate holds good. in my case it 's not possible to get either now what are the alternatives??? affadavit from relatives?? duly notarised or what exact document may act as the replacement??????
kindly advice
vineetgsvm
Registered Users (C)
continuation
can school certificate (x th class) stating DOB replace the birth certificate?
can school certificate (x th class) stating DOB replace the birth certificate?
PrinceofJungle
New Member
vineetgsvm said:
I believe no, even ppl apply and get Birthcertificate from their embassy here in US and I beleive INS have prob with that and they are not accepting
They need doc from home country or any other relative give affidavit
Good Luck
vineetgsvm
Registered Users (C)
relatives???
does the term "relatives" for affidavit for birth include -> parents , siblings or exclude these to include maternal or paternal aunt/uncles??
is there ant set format for it set by the INS??
thanx
does the term "relatives" for affidavit for birth include -> parents , siblings or exclude these to include maternal or paternal aunt/uncles??
is there ant set format for it set by the INS??
thanx
PrinceofJungle
New Member
vineetgsvm said:
I believe any relative (not sure only relative or unrelaitve person too),
any relative except than son/doughter,
i.e ur aunts/uncle can give affidavit.
Good Luck
vineetgsvm said:
Look under section 9 of I-130. It clearly mentions what needs to be done if required documents are not available. And No. INS does not have a specific format and does not define the term "relative".
The format of the affidavit depends on who you talk to. Each attorney has his own format. You could request the format from a notary officer, or an immigration attorney or anyone here who has used affidavits in place of Birth certificates.
But definitely look at the links POJ posted earlier. That would give you a general idea of how the format of the affidavits look like.
This is what i found from the code of federal regulations 8CFR103.2(b)(2)
TITLE 8--ALIENS AND NATIONALITY
CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents
Sec. 103.2 Applications, petitions, and other documents.
(b) Evidence and processing--
(1) General. An applicant or petitioner must establish eligibility for a requested immigration benefit. An application or petition form must be completed as applicable and filed with any initial evidence required by regulation or by the instructions on the form. Any evidence submitted is considered part of the relating application or petition.
(2) Submitting secondary evidence and affidavits--
(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.
(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.
TITLE 8--ALIENS AND NATIONALITY
CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
PART 103_POWERS AND DUTIES; AVAILABILITY OF RECORDS--Table of Contents
Sec. 103.2 Applications, petitions, and other documents.
(b) Evidence and processing--
(1) General. An applicant or petitioner must establish eligibility for a requested immigration benefit. An application or petition form must be completed as applicable and filed with any initial evidence required by regulation or by the instructions on the form. Any evidence submitted is considered part of the relating application or petition.
(2) Submitting secondary evidence and affidavits--
(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.
(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.
karachi said:
I have sent I-130 for my mom & dad this week. I have looked thru I-130 and INS website, I didnt see anywhere that I had to include their birth certificate, though I had my parents get it and sent them to me as I thought I would need them. I have also called the INS twice before mailing the forms and on both occasions they didnt mention anything about my parents birth certificates. I did had to include my birth certificate to show relationships to them.
Hopefully they wouldnt reject my app if parents' birth certificates needed to be included, instead they can just request them and I can send them priority mail or something.
Hope everything goes well.
well if u dont send birth certificate, they will accept ur case and sent u receipt..but they will hold ur case and send u letter that they need more evidence. and they will ask for birth certificate..its just only gonna delay ur case..so its better u keep the certificates with u and wait for their reply..gook Luck.....
karachi said:
You know what? Since you are filing the I-130 for your mother, you have to submit only your birth certificate. If you read the instructions carefully, you do not require your mother's birth certificate for the I-130. However, IF your mother is filing I-485 since she is already in the US, her birth certificate is definitely needed as she would be the AOS applicant.
Normally denials happened in the past, but the rules have changed. Your application would still be accepted but you would be sent a RFE if anything is needed. Good Luck!
vineetgsvm
Registered Users (C)
thanx a lot for allaying the anxieties
ari4u said:
Here's my understaning from talking to INS customer service reps and reading the forms instruction.
When filing I-130 alone (your relative is not in the US), you dont need relative's birth certificate. Only need to have your birth certificate to prove relationship.
However if your relative is already in the US, and you are filing I-485 (AOS), you will need that relative's birth certificate and I-485 is filed by that relative rather than you unlike I-130. You will also have to file G-325A for you and your relative as well as I-864 and other documents. (ex I-765 for EAD, G-28, Notice of Entry of Appearance as Attorney or Representative (if you have a lawyer) etc etc.)
If your relative is outside of the US, once the I-130 is processed and sent to NVC, they will send list of documents that need to be furnished by the intending relative to NVC and the US consulate.
Here is page that I found on the DOS website that helped me understand the process. http://travel.state.gov/visa/immigrants/types/types_1309.html. Hope this helps others too.
maheshgajanan
Registered Users (C)
When we filed the i-485 we had the consular birth cert. So we sent it with appl and I got the receipt notice from CIS. In the meantime, we have received the duplicate birth certificate from home country issued by the local department of birth. What do I do now? Wait for RFE? or send it to to CIS anyway and preempt the RFE?
Thanks
Mahesh
Thanks
Mahesh
Is he in the US or overseas? Are you also filing I-485 with the I-130? If he is here in the US, you can file I-130 and I-485 concurrently, in that case you will need his birth certificate for the I-485. If you are filing I-130 only, you dont need his birth certificate but may need to send yours as proof of your citizenship if you were born here. You will definately need your marriage certificate though along with divorce decree if you were married before.afia said: