Evidence through birth certificate

[Vidya_109]

Hi,

I'm sponsoring my mom's green card. The main document for evidence is my birth certificate showing my name and my mother's name. Since I do not have a both certificate, I've a Non Availability Certificate and an affidavit (to confirm my birth) signed by both my parents. The problem is that my mother's last name in this affidavit is her maiden name (i.e. her father's name), however, in every other document of hers including her passport, her last name is my father's name. What can I do about this? Would this be acceptable?

Thanks,

Vidya

[rayb]

You must include a document showing her change of name from birth to married like her marriage certificate. Though the marriage certificate shows her maiden name, it provided her a legal basis to start using her married name.

--Ray B

Hi,

I'm sponsoring my mom's green card. The main document for evidence is my birth certificate showing my name and my mother's name. Since I do not have a both certificate, I've a Non Availability Certificate and an affidavit (to confirm my birth) signed by both my parents. The problem is that my mother's last name in this affidavit is her maiden name (i.e. her father's name), however, in every other document of hers including her passport, her last name is my father's name. What can I do about this? Would this be acceptable?

Thanks,

Vidya

[Vidya_109]

Evidence through birth certificate

You must include a document showing her change of name from birth to married like her marriage certificate. Though the marriage certificate shows her maiden name, it provided her a legal basis to start using her married name.

--Ray B

Hi Ray - Thank you for letting me know! I've another question. In case I do not want to use this evidence, I've few other options, I believe (per I-130 instructions sheet). So, I submit a Non-Availability Certificate (which does not include my mother's name) and I can then submit secondary evidence through affidavits from two persons who were living at the time and have personal knowledge of my birth event. In this affidavit, I'll include my parents' names as it appears in other documents.

Would this be acceptable? Do you foresee any issues with my mother's name not included in the Non Availability certificate? My father's name is included though.

Thanks so much for your time!

Vidya

[rayb]

Vidya,

You're really stretching things. If the issue is proof of how your mom changed her name, her marriage cert was her legal authority for adopting a married name from her new husband.

--Ray B

Hi Ray - Thank you for letting me know! I've another question. In case I do not want to use this evidence, I've few other options, I believe (per I-130 instructions sheet). So, I submit a Non-Availability Certificate (which does not include my mother's name) and I can then submit secondary evidence through affidavits from two persons who were living at the time and have personal knowledge of my birth event. In this affidavit, I'll include my parents' names as it appears in other documents.

Would this be acceptable? Do you foresee any issues with my mother's name not included in the Non Availability certificate? My father's name is included though.

Thanks so much for your time!

Vidya

[Vidya_109]

Vidya,

You're really stretching things. If the issue is proof of how your mom changed her name, her marriage cert was her legal authority for adopting a married name from her new husband.

--Ray B

I understand but the problem is that no marriage certificate exists. Things work differently in India and it would be a lengthy, if not impossible, task to obtain a marriage certificate now. That is why I'm thinking about this alternate solution. How about a Non Availability cert and an affidavit as secondary evidence? Any suggestions, any issues you foresee?

Thanks!

Vidya

[rayb]

It will probably boil town to needing affidavits.

--Ray B

I understand but the problem is that no marriage certificate exists. Things work differently in India and it would be a lengthy, if not impossible, task to obtain a marriage certificate now. That is why I'm thinking about this alternate solution. How about a Non Availability cert and an affidavit as secondary evidence? Any suggestions, any issues you foresee?

Thanks!

Vidya

[Vidya_109]

It will probably boil town to needing affidavits.

--Ray B

Okay thanks Ray! Greatly appreciate your inputs!