Pl reply Affidavit of Birth

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pm02368

Registered Users (C)
Hi Guru's,

I received RFE requesting affidavit of Birth.
I have got the sample format of affidavit which I need to get from My parents as well as Uncle from India. There is no one in US who can write affidavit for me.


My questions are -

1) How can they make this affidavit in India? Does it has to be on legal or stamp paper?
2) To get it notorized, will the Notory in India accept this format?
3) This sample format has one line stating that "I hereby declare....by laws of United states of America...(28 U.S.C. § 1746).... ). What about this line?

What I feel that as long as the content are what BCIS is expecting, it shouldn't matter what stamp paper they use or how they type and format the information. Correct me if i am wrong.


Any suggestions?

Thanks in Advance.
 
You can get a document notarized on Stamp paper in India. But in US a sworn affidavit -this kind of a document- need not be notarized.
HTH
 
For Birth affidavit from India, you need to get it on Rs 10 stamp paper. You need two affidavits. One from your father and one from your mother.Both of your parents should sign infront of a notory.
With this you need a Non Availability certificate or a Birth certificate registered after one year of bith date.

**********************************************
AFFIDAVIT FROM (MOTHER/ FATHER) FOR BIRTH

I (please put the name of your mother/ father), being duly sworn on the _________________day of ____________, 2O________, deposes and says that:
1. I am ______years old and reside at (Full Address).
2. I am the Mother /Father of (Your Name)
3. (Your Name) was born in the city of__________________ , State/ Province of __________, in
(County) on (Date).
4. (Your Name) is the son/ daughter of ___________________, my husband/wife
I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct.



_______________________ _______________________________
(Mother/father) (Signature Of The Notary)
(DATE) (DATE)




(P .S.)
1. PLEASE GET 2 AFFIDAVITS. ONE FROM YOUR MOTHER, AND ONE FROM YOUR F ATHER. AND PUT APPROPRIATE RELATIONSHIP AT THE APPROPRIATE BRACKETS.
2. IF THE AFFIDAVITS ARE FROM INDIA, THEY SHOULD BE ON A STAMP PAPER AND SHOULD BE NOTARIZED.
3. IF THE AFFDA VITS ARE FORM UNITED STATES THEY CAN BE TYPED ON A PLAIN PIECE OF PAPER BUT MUST BE SIGNED IN FRONT OF A NOTARY.
***********************************************
 
Last edited by a moderator:
if we decide to get an affidevit from your Uncle or Aunt; you can use this:



AFFIDAVIT OF BIRTH

DISTRICT NAME

STATE NAME – INDIA

BEFORE ME, the undersigned authority on this day personally appeared (name of the person signing affidavit), who first being duly sworn, according to law, upon his/her oath deposed and said:

“My name is (name of the person signing affidavit); I am over 21 years of age and I reside at __________________________________. I have never been convicted of a crime, and am fully competent to make this affidavit. I have personal knowledge of the facts stated herein, and state that they are true and correct.”

“I am a national of India. I know (your name) and his family since (your birth date). I am related to (your name) by (relationship – uncle/aunt). I have personal knowledge of the birth of (your name). (your name) was born on (your b’day) in (your birth place), INDIA. His Father’s name is (your father’s name) and his Mother’s name is (your mother’s name).”


(name of the person signing affidavit)


DISTRICT NAME

STATE NAME – INDIA

SUBSCRIBED AND SWORN TO BEFORE ME by _______________________ on the _____________day of _____________________, _________ (year), to certify which, witness by hand and seal of office.


________________________________
(Notary Public)
My Commission Exp.:
 
I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct..
Click to expand...


There is no need to use an oath that is for USA, US perjury laws are NOT applicable in India, only India laws are. Anyone not residing in the jurisdiction of united states is not subject to US laws.
 
I didn't have any Birth certificate and I used an affidavit from my parents ( exactly one of sample given in one of the post ) for my 485 at NSC and my case is already approved with out any issue.
 
1. My lawyer had indicated yu can not use affidavit from parents. He asked me to use affidavist from siblings, relatives etc.
2. Also you can get birth cert. from Washington, embassy. If you are born before 69 (or 71)- the certificate also states- the country did not have the system of birth certificates before then.

My case is not yet approved or no RFE yet.

HTH
 
do we have to have non availability certificate along with affidavits?

waiting_4_485
 
Last edited by a moderator:
Hi waiting_4_485
We need affidavits with Non Availability letter/certificate from our
local township/municipality.
If our original birth certificate is registered after one year of bith date, then you need affidavits.
 
Should it necessarily have to be on a stamp paper. Wont a notarised affidavit suffice? I have submitted that for my wife.
 
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