Birth certificate problem

[babu95]

My wife does not have birth certificate and her parents are here.

Is it enough if I just get affidavit from them or do I need anything from India like not available certificate (Original or xerox) ?

Please respond to me.

[immihelp]

Read https://www.immihelp.com/birth-certi...ion-and-visas/

[Sathya]

No Birth Certificate

Hi babu95,

I'm in a similar boat. I dont have a birth certificate however I have the affidivits from my parents and relatives. But they say that these affidivits should be accompanied by a "Non availability Certificate" which is issued by the concerned authorities in the place of birth in India.

Pls let me know what have to decided to do in your wife's case. Is it Mandatory for me to submit it since my husband is the primary applicant?

Kindly give some suggestions.

Thanks a lot.

[babu95]

SathyaJI,

My brother-in-law is trying to get the 'Non-availablity certificate' from India.

[Sathya]

Hi Babu,

I approached the authorities in my birth place for getting non availability and they said I need to approach the court first and when the court gives the order they will search the birth records and issue the non availability if the records are not found.
And its going to take lot of time.

CAn you pls let me know whats the procedure to get the Non availability cert?

Also the affidivits for birth - should they be on a stamp paper?

Kindly let me now.

Thanks a lot

[unnikkuttan]

Birth Certificate

Satya & Babu,
I am also having the same problem. I am on little more tough situtaion that i need to file the AOS before Aug 17 since the retrogression is temporarily lifted till Aug 17. My parents are here. It is an employement based green card on which my wife is the primary applicant and we have her birth certificate with us. can we go ahead and submit the I-140 & I-485 without providing birth certificate and later i can produce this once my parents reach india.

Any information on this ?

[waitin_toolong]

Birth certificate is initial evidence so the application can be rejected without RFE for not including that.

You can get the affidavits from your parents right now, they can be sent. That will be condidered initial evidence and they can issue a RFE if they need the actual Non-Availability certificate.

You dont have to send anything in original a fax/scan copy will do.

[Sathya]

Afidivits are just supporting documents. It has to be accompanied by some document issued by the government authority like the Non availability of birth certificate in case if the birth is not registered and even a birth certificate if it has some missing information.

[Sathya]

Unnikuttan,

My situation is similar where my husband is the primary applicant and my birth certificate is under issue. So I am told to apply with affidivits and submit the non availability when the RFE comes. It is just a wayout to get some time from the INS to get the non availability or birth cert from India .