RFE - Birth Certificate

J

junkoo

Registered Users (C)
Although I had submitted my birth certificate issued by the muncipality from the town in which I was born, I got an RFE requesting additional proof of birth. The reason being that my birth certificate was issued recently (2002). I have been asked to send educational records with DOB information and/or sworn affidavit from relatives who can testify the birth. Since getting the affidavit takes longer, I was wondering if sending the just my high school certifiacte (10th standard marks card) is sufficient as the secondary evidence. Or is it mandatory to send the sworn affidavit (inspite of having the birth certificate)?
Any inputs are greatly appreciated.
Thanks
 
do it!

better safe than worry!
Having a birthcertificate of post date is not desirable by INS as stated clearely in birth certificate requirements.A simple affidavit by uncles or Aunties can do the trick. Back home it can be done fast. Also, follow simpel rule of INS....give them what they want!!!
 
junkoo,

I asked this my question to my lawyer. According to him if you we don't have the birth certificate which issued in the same year of birth. need to submit below things.

1. Affidavits from mom, dad, uncle, or other relatives. To make it fast, I believe you can have your parents to finish affidavits and send the scanned documents, so that you can submit them.
2. S.S.C certificate.
3. Non availability of birth certificate, if it was not available with the muncipality. ( Since you already got one, don't need this).

Can you please give your details...

Ramesh
 
Typically, should the affidavit be on a stamp paper? My mother is in US currently. How should it be done here?
 
No need of stamp paper, if your mother is in USA currently. Moreover, the notary won't sign on Indian stamp papers here. It can be typed on a white paper, with the standard Notary declaration (I swear..) terminology in the bottom, and get this notarized. I did the same thing from my sister, and my 485 was approved without any prejudice.

There should be 2 affidavits supporting the birth certificate.
 
Should the affidavit be from somebody older than me or would it be ok if my younger sister gives the affidavit. She too is in US.
 
big No!

looking at the format of the affidavit. I don't think younger sister cannot give the affidavitt! as it says that """I , uncle/aunt etc was present at the time of birth of XXX at XXX place on XXX dates. """....
 
usha03 said:
Should the affidavit be from somebody older than me or would it be ok if my younger sister gives the affidavit. She too is in US.
Click to expand...
No - the person executing the affidavit should have personal knowledge of the birth. (hearsay is not allowed !!)
So obviously your younger sis is out.
Even a older sibling is out if he/she was too young at the time of your birth.

Best bet is parents or other adult relatives.
 
Thanks for your input folks. I know it is best to send USCIS all that they want and sometimes may be more than what they asked. But given the situation, I was looking to expedite the process.
I found this on Murthy.com

"In general, if a birth certificate is not available, one should obtain: (a) a certificate of non-availability from the government agency that would have issued the birth certificate if one were available, and (b) two affidavits as described above. Either instead of the non-availability certificate, or in addition, the applicant can submit any other evidence of his/her date of birth, such as a school certificate, religious certificate, certificate from the hospital or midwife, etc. However, a letter from the consulate or a date of birth certificate declaration based upon passport records would not generally be acceptable. If the birth certificate was registered late, the client should provide at least one affidavit as described above."

Doesn't this mean that only a secondary evidence like school certificate is sufficient if you have a post dated birth certificate?
 
my 2 cents..

I got it from my parents and for my spouse we asked my in-laws to do it.. It is couple of hours work at india. if they can post on the same day you can get it in 5-7 days.

My brother sent it thur the post office (600-700 Rupees) where you can track like we do it in USA with tracking #'s

Good luck.. it won't take more than 10 days.
 
jkvaisnavi said:
my 2 cents..

I got it from my parents and for my spouse we asked my in-laws to do it.. It is couple of hours work at india. if they can post on the same day you can get it in 5-7 days.

My brother sent it thur the post office (600-700 Rupees) where you can track like we do it in USA with tracking #'s

Good luck.. it won't take more than 10 days.
Click to expand...

Fedex can deliver in 3-4 days but will charge around 1700 Rs.
I had bad experince with Indian Postal service. My documents were delivered after 6 months, which I was supposed to get in 5-7 days. This might be the extreme case.
 
Last edited by a moderator:
Thank you guys. Seems like an unanimous opinion that the affidavit is required! I will start the process rolling. Below are my details

EB2/ RIR
PD Aug 2002
Labor approved in Sep 2003
I140/I485/ RD Nov 14,2003
FP: June 5, 2004
I140 approved on May 24 2005
I485 - RFE (Birth certificate) July 12
 
Junkoo,

How many days after your case status update did your attorney/you receive the RFE? My case status was updated that they mailed requesting additional evidence on July 13th. Till yesterday nothing is received. In your case did you receive or did your attorney receive the RFE?
 
usha03 said:
Should the affidavit be from somebody older than me or would it be ok if my younger sister gives the affidavit. She too is in US.
Click to expand...


No the person cannot be younger than you... actually the person should not be an minor at the time of Ur birth..
 
My attorney recd. the original RFE from the USCIS 5 days after I got the email.
Hope that helps.
Rachan
 
In the email that you received, was the date of mailing the RFE mentioned for you? For me the text said they have mailed it on July 13th. Did not receive it yet.

junkoo said:
My attorney recd. the original RFE from the USCIS 5 days after I got the email.
Hope that helps.
Rachan
Click to expand...
 
Same case mine

Posted similar another thread.

I got the same RFE and I went stamped (50Rs, Notarized).

For me:
With my elder dad & mom and my parents.

For my wife:
Her youger dad & mom and her parents.

Filed four together. On July 20th the status got changed saying BCIS received the information. Eagerly waiting for the results. I think 6 in 10 getting the RFEs in one or another. I think we are in good shape.

BTW, my RD: Apr 2003. More waiting than urs...

Anyhow, Good luck.

Sreek
 
Discrepancy in Birth Certificate -- Need Urgent Help!

Guys,

I have a situation with my Birth Certificate and request your expert advice:

1. I'm in the 485 stage of GC
2. My passport shows the place of birth as "ABC"
3. I got birth certificate showing the same place (ABC).
4. Now I realized that the actual place of birth is different from what is there both in my passport & birth certificate (and is "xyz")
5. Some people who don't go well with my family (in disguise of friendship)have used their influence to manage the certificate from "ABC" (and is not on the records)
6. Now the situation is I have used the birth certificate that was not there in the records both for my GC and passport. The Date of Birth and other details except the "place of birth" are correct.
7. How do I sort this out?
8. Can I change my place of birth tothe original place of birth (xyz) both in my passport & the current GC file? If so what is the procedure?
9. People back in India are threatening me that they'd report this to both officials (Indian & the US Consulate)
10. I intend to correct information both on my Indian Passport & the current GC file. Is this too late? Can I do anything about this? I can get the actual birth certificate (from xyz).

PLEASE HELP ME.

Thanks in advance,

Pacifica
 
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