Greencard for my Sister

[tmmet]

Hi,
Can anyone help me out.I'm a U.S. Citizen.I'm planning to sponsor greencard for my sister and her family ( spouse and one kid).
She and others don't have a birth certificate.
1. Does just providing the affidavit for proof of her date of birth from my parents fine ?
2. Typically, how long it takes to get the greencard for siblings? Does it depends on which state I',m filing?

3.Is there any way to speed up this process?

Thanks in advance

[mai95]

MIN. of 12 years for your sister, that should be enough time to get birth cert.

[rayb]

Not necessarily...Mexico and Philippines waits for siblings are 13 and 23 years.

The waiting period (12, 12 or 23 years) depends on which country your sister's citizenship is, not your "state."

Also, availability of legal birth registration varies with country and alternative proof can be obtained in the absence of acceptable birth documents from government offices. Simple "Affidavit" is not enough, but what will work depends on our State Department recognition of documentation problems for particular countries. Afghanistan documents are in a "basket case" category. Philippines documents of birth during WW-II are often nonexistent.

IN WHAT COUNTRY IS YOUR SISTER CURRENTLY RESIDING?


--Ray B

[tmmet]

Ray,
Thanks Much!
My sister is in India.
Also,Could you please direct to me to the url where I can find documents/forms to apply green card for her and her family?Thanks again.

[rayb]

All you need right now are I-130 petition forms. It is too early to be able to apply for Green Cards.



--Ray B

Ray,
Thanks Much!
My sister is in India.
Also,Could you please direct to me to the url where I can find documents/forms to apply green card for her and her family?Thanks again.

[tmmet]

Relationship Proof

Ray,
Thanks ! I checked Form I-130.I need to submit proof of relationship ( my sister's birth certificate and my birth certificate) along with form I-130.
my sister doesn't have birth certificate and me neither.Can we get affidavit and get it notarized.Is that enough?Please clarify.Also, is one proof/affidavit enough or
do we need two affidavits?

Thanks in advance !

[rayb]

An affidavit, notarized, from you and sis taking the place of birth records won't work. USCIS and the State Department have precedents for allowing secondary documents when civil documents are unavailable because of war or fire, etc. But personal affidavits from the principals defeat the purpose of having an official document from a government source authenticating your birth record.

The types of documents you may use to substitute for your absent birth records depend on the country where you were born. What country are you from and what is the reason for lack of birth record?

As an example, in some countries, home births in rural areas are common, and such births often go unrecorded for years. In the Philippines these delayed birth certificate are referred to as "Late Registration," and are viewed with suspicion by our State Department and USCIS, because such "late registrations" are also used to bestow family relationships on people who aren't immediate relatives.

--Ray B

Ray,
Thanks ! I checked Form I-130.I need to submit proof of relationship ( my sister's birth certificate and my birth certificate) along with form I-130.
my sister doesn't have birth certificate and me neither.Can we get affidavit and get it notarized.Is that enough?Please clarify.Also, is one proof/affidavit enough or
do we need two affidavits?

Thanks in advance !

[tmmet]

Ray,
Thanks for the information.
My sister and I were born in India.I become U.S. Citizen via Naturalization. My sister is in India.She doesn't have a birth certificate as my parents didn't register after her birth.She is 45 years old now.Is birth certificate mandatory to file I-130? Can I just submit I-130 now and then, work on getting birth certificate from registrar office through the hospital? Or, can I submit her Indian passport and my old,canceled Indian passport as the passports have parents name.If not, what documents are sufficient enough to prove that we are siblings? Thanks in advance!

An affidavit, notarized, from you and sis taking the place of birth records won't work. USCIS and the State Department have precedents for allowing secondary documents when civil documents are unavailable because of war or fire, etc. But personal affidavits from the principals defeat the purpose of having an official document from a government source authenticating your birth record.

The types of documents you may use to substitute for your absent birth records depend on the country where you were born. What country are you from and what is the reason for lack of birth record?

As an example, in some countries, home births in rural areas are common, and such births often go unrecorded for years. In the Philippines these delayed birth certificate are referred to as "Late Registration," and are viewed with suspicion by our State Department and USCIS, because such "late registrations" are also used to bestow family relationships on people who aren't immediate relatives.

--Ray B

[rayb]

Actual "birth certificates" are not mandatory, but government-issued proof of birth registration will be requested, and proof of your sibling relationship must then be proven by similar documents. You can't just provide a statement saying "we are brother and sister," and expect that to satisfy the 3 or more review desks for your petition package.

If you submit your petition without proof documents described above, you will receive a "Request for Evidence" a few weeks later, giving you a deadline (about 90 days) to submit such proof. If a satisfactory response is not received by USCIS before the deadline, your petition will be denied and your submittal fee forfeited.

To prove the "sibling relationship, you will need government-issued documents showing both your relationships to the same mother. Usually, this will include both your birth records, a birth record of mother, and a marriage cert for mother, if her name changed.

--Ray B

Ray,
Thanks for the information.
My sister and I were born in India.I become U.S. Citizen via Naturalization. My sister is in India.She doesn't have a birth certificate as my parents didn't register after her birth.She is 45 years old now.Is birth certificate mandatory to file I-130? Can I just submit I-130 now and then, work on getting birth certificate from registrar office through the hospital? Or, can I submit her Indian passport and my old,canceled Indian passport as the passports have parents name.If not, what documents are sufficient enough to prove that we are siblings? Thanks in advance!

[tmmet]

Birth Certificate

Ray,
Do I need to submit my birth certificate and my sister's birth certificate while submitting I-130 ? Could you please shed some light on this?I'm still not clear what need to be submitted along with I-130 if I don't have the birth certificates.Appreciate your help.Thanks in advance!

[rayb]

The types of identity documents vary by country. But for sibling petitions, government-issued documents authenticating birth of your sister, you, mother, and other documents showing family connection, are needed. Secondary documents showing names, parents, etc. are also recommended, and these might be religious, school and medical documents. You must provide credible proof of the family relationship.

--Ray B

Ray,
Do I need to submit my birth certificate and my sister's birth certificate while submitting I-130 ? Could you please shed some light on this?I'm still not clear what need to be submitted along with I-130 if I don't have the birth certificates.Appreciate your help.Thanks in advance!