Please take a look at my Affidavit

[wasabi 4]

My wife was issued an RFE because her birthwas registered late. There were several options to resolve this problem but the only one available to us is to get an affidavit signed by a few family members. I have included what I plan to use as an Affidavit below as well as the specifications for it from the USCIS. Please comment if you think I should ammend anything.

From USCIS:

DELAYED RGISTRATION.

It appears that the birth certificate for the applicant, XXXX, was a delayed registration. Please submit secondary evidence to support the claimed date of birth and country of origin. Do not submit new or related evidence. All evidence presented shoud have been created prior to the child's 14th birthday. Examples of evidence that consitutes secondary evidence are as follows. Submit as many of the items as possible.

The document then suggests School records, hospital records, baptismal records etc. But Because her parents are not alive and her family has traveled to and from Laos where she was born a great deal none of these documents exist. The letter goes on to say there is a second way to verify her place and date of birth with an Affidavit

AFFIDAVITS Affidavits my only be submitted if primary and secondary evidence are unavailable. Affidavits shall be in the form of witten statements sworn to or affirmed by at least two (2) persons who were living at the time of the event and have first-hand knowledge of the event. Each affidavit must contain the following information regarding the person making the affidavit: name, address, birthplace, relationship to the applicant, and full information concerning the event, which includes how this knowledge was obtained.

Important: All secondary evidence must be contemporaneous with the event in question (the birth, marriage, divorce, or death) Therefore, evidence that originated at the time of the event will be deemed more persuasive than evidence that was created as the result of this request for evidence.

The letter concludes stating that all documents must be translated in English and the decision will be based on the evidence.

My sample Affidavit:

Affidavit of Delayed Birth Registration

I, __{Name}__________ who was born in {Country}and am currently

residing at ____{Address}___ state that the following is true and accurate to the best of my knowledge:

1. I am {relation to person of interest}

2. On __{Date at time of birth}__ I was living in __{Location}___.

3. {Name of Person of interst, place and date of birth}__. I know of this event because {Reason}__.

4. {Person of interest}__ was born to our parents, _{Mother}___ and _{Father}__ who are {Nationality} and are {Alive/Deceased}.

5. I hereby attest to the fact that original birth records for individuals born during this time and at this location are difficult if not impossible to obtain and that a birth certificate was not issued to {Person of interest} on the date of her birth.

Signed: _______________________

Dated: ________________________

The reason I am going to give that they have knowledge of the event is that 3 of her sisters were alive and at her house where she was born so they witnessed the event.

Edited December 6, 2009 by wasabi

[thongd4me 69]

That should do it, but you might want to add:

6. I have lived together with {person of interest} for X years during which time she went to Y school(s) located at ____for Z years.

If it may be possible to find ONE teacher who could do an affidavit...but the 3 siblings should be sufficient.