INS accepts Birth Certificate from Indian Embassy?

A

antropeter

Registered Users (C)
Hello Friends,

I have a question here, I have applied for I-140 and now collecting documents for filing I-485. As you all know, one of the required documents for I-485 is the Birth Certificate.

I got the Affidavits from both of our (my wife and myself) regarding the birth from the Magistrate (in India). I thought since it might take a long time to get the Birth Certificates from India, I contacted the Indian Embassy at Washington D.C. and got the Birth Certificate from there.

They issued the Birth Certificate with the Indiam Emblem, Embassy of India stamp. It also includes my name, date of birth, parents name, birth place etc.

I just wanted to know whether the Birth Certificate issued by Indian Embassy and the two affidavits issued by our parents are enough to prove our birth. OR INS will expect the birth certificate from india? I dont see any reason why they might ask for birth certificate from India and not accept the Birth Certificate issued here at India Embassy.

If anyone has faced this problem earlier, can you please let me know?

Thanks,
Antro
 
The sad part is "NO". If you dont have a certificate then you have to get affidavits from parents and the muncipal/panchayat office of the place you were born(mentioned in your passport) saying they have no info about your birth and then use along with an affidavit from parents. I had to go through this and someone on the BCIS website it clearly gives this info.
 
As per my understanding from this forum, one has to file:

1. the Original Birth Certificate, OR

2. 'non-availability of "Birth-certificate" Certificate':rolleyes: AND proper affidavits.

However, one of my friends is filing I-485 and he says that it would be sufficient to file just the affidavits and nothing else.

It seems his attorney has told him this.

Now, I dont know when we will manage to remove this whole confusion.:(
 
Thanks for the reply!

But my BC has an incomplete name and its misspelled too and even my parent's name in the birth certificate are incomplete!

My wife's BC doesnt have her name (not given while registering) and the SAD part it these municpal offices ARE NOT READY TO CORRECT THE NAMES!

ALONG WITH THE BC ISSUED FROM THE CONSULATE I AM ALSO ATTACHING TWO AFFIDAVITS FOR EACH OF US FROM EACH OF OUR PARENTS.

I think this should be more than enough! But need some input from you guys!

Thanks,
Antro
 
Originally posted by antropeter
Thanks for the reply!

But my BC has an incomplete name and its misspelled too and even my parent's name in the birth certificate are incomplete!

My wife's BC doesnt have her name (not given while registering) and the SAD part it these municpal offices ARE NOT READY TO CORRECT THE NAMES!

ALONG WITH THE BC ISSUED FROM THE CONSULATE I AM ALSO ATTACHING TWO AFFIDAVITS FOR EACH OF US FROM EACH OF OUR PARENTS.

I think this should be more than enough! But need some input from you guys!

Thanks,
Antro
Click to expand...

It is difficult to comment on whether your approach would work or not, unless someone comes forward with a similar experience.

The right approach, as you would also know is, to approach
the authorities and get the information corrected on the BCs.

Getting a Non-avalability is obviously not an option because
they may not issue at this point.

Raju
 
The thing is I went through the similar situation. Everything was mispelt and they refused to give me a document from panchayat. So I filed with just affidavits from my parents. I got my I140 approved but am not really sure how it affects the I485 that is the reason I didnt want to misguide you and gave you what is the correct BCIS way of appraching it. Again from the forms we can see aht have worked for people and what has not

People who filed AP long after me have got approvals and in my case I lost my original passport, Visa and I 94 and am waiting for the AP to go to India and that has not come so your guess is as good as mine as to what "WORKS".
 
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