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Posted

Hi,

I currently have my H1B, will be applying for my green card (marriage)

I am following the instructions listed here http://www.visajourn...tent/i130guide2

for the I-130 it says "A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English"

I am a canadian citizen and I have a valid passport, will a copy of that suffice? I ask this because I am unable to locate my birth certificate ( I was born in Democratic Republic of Congo but I do not hold a citizenship there).

Filed: Timeline
Posted

Interesting issue. You will actually need a copy of your birth certificate; your passport alone will not suffice.

If you are sure that you cannot find it, follow the instructions (to a tee) under "What if a document cannot be located" in the instructions for the I-130 form.

Posted

Interesting issue. You will actually need a copy of your birth certificate; your passport alone will not suffice.

If you are sure that you cannot find it, follow the instructions (to a tee) under "What if a document cannot be located" in the instructions for the I-130 form.

I now have my parents searching like mad everywhere in Canada to try and locate it...The hospital where I was born does not exist anymore, I was a few months old when my parents moved away from DR congo back to our native country of lebanon...So I doubt there is anyway for me to prove I was born there other than finding that document!

Filed: Timeline
Posted

Again, you can get around this issue by looking at the "What if a document is not available" section of the instructions. You can submit a couple things that will allow you to get around this issue if you cannot find it.

Filed: Timeline
Posted
(2) Submitting secondary evidence and affidavits .

(i) General . The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required docum ent and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.

(ii) Demonstrating that a record is not available . Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicat es this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement. (Amended effective 6/18/07; 72 FR 19100 )

From the foreign affairs manual for DR of Congo:

Birth Certificates

Available. Birth certificates, Actes de Naissance or Extraits d'Actes de Naissance, together with records of marriage and death, are maintained by the District Registrar (Officier de l'Etat Civil). The first registers were inaugurated on January 7, l886. They do not include natives of the Democratic Republic of the Congo still living in tribal conditions.

  • 2 weeks later...
Posted

ok, my birth certificate has been located and is on its way to me by mail.

My next question is about Alien registration number. I came to the US as a student and obtained my H1B after graduation. on what document can I find this number?

the only number that I think it may be is found on my I-797a in the beneficiary field there is my name and "A### ### ###"

Is this my Alien registration number?

Thank you for your continued assistance!

 
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