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rkk1

birth certificate and birthday

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Filed: IR-1/CR-1 Visa Country: India
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Hi guys, I have a few questions. My husband does not think he has a birth certificate. I have read online that people who don't have a birth certificate should go to the appropriate governing authority. But who is this 'appropriate governing authority'? What is the name of their office that my husband would need to go to to get an affidavit that he doesn't have a birth certificate? He lives in the state of Uttar Pradesh, if that matters.

Also, my husband has always used an incorrect birthday as that was what he was assigned in school. For example, if he was born in Jan 1985, but his school records have his birthday listed as Dec 1984. (This might sound weird to some of you, but I guess it does happen sometimes... as the same thing happened to my dad, as he has a different legal birthday and real birthday, probably due to not having a real birth certificate and the schools or whoever just making up a date.) So far we've been using my husband's Dec birthday as that is what is in his passport. However, if we have to obtain him a birth certificate, with his dad as one of the people making the affidavit, should his dad affirm that he was born in Jan '85, or on the legal/passport date of Dec' 84? I would prefer him to be able to use his real birthday, but if we use a date different than on the passport, that might just create confusion. Not sure what to do about this.

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i had similar problem..my school records would show my correct birth date except my passport and the birth certificate. i could not change my school record that showed my correct date. therefore, i had to get myself a new birth certificate with a correct DOB and then later i got myself a new passport issued in accordance with my new and correct DOB. it was a real pain in my ***, but then there was no other way out. same is your husband's case. although it was a long procedure i got my new birth certificate in a month's time from the state municipality where i was born. had to pay a penalty/bribe( whatever you may call it) of 40,000 to get it done immediately.

as your husband's school records does not show his real DOB and that they can not be ammended. so only way is to get him issued a new birth certificate with the DOB that he has in his school records and passport. also, the certificate will be issued from the state where he was born.

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi guys, I have a few questions. My husband does not think he has a birth certificate. I have read online that people who don't have a birth certificate should go to the appropriate governing authority. But who is this 'appropriate governing authority'? What is the name of their office that my husband would need to go to to get an affidavit that he doesn't have a birth certificate? He lives in the state of Uttar Pradesh, if that matters.

Also, my husband has always used an incorrect birthday as that was what he was assigned in school. For example, if he was born in Jan 1985, but his school records have his birthday listed as Dec 1984. (This might sound weird to some of you, but I guess it does happen sometimes... as the same thing happened to my dad, as he has a different legal birthday and real birthday, probably due to not having a real birth certificate and the schools or whoever just making up a date.) So far we've been using my husband's Dec birthday as that is what is in his passport. However, if we have to obtain him a birth certificate, with his dad as one of the people making the affidavit, should his dad affirm that he was born in Jan '85, or on the legal/passport date of Dec' 84? I would prefer him to be able to use his real birthday, but if we use a date different than on the passport, that might just create confusion. Not sure what to do about this.

He need to goto Municipal Office at his birth place, they will search his name and give him a letter of non availability of Birth Record. He also need two affidavit from his parents or uncle/aunt that they have personal knowledge of his birth.

Edited by pgupta
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Filed: AOS (apr) Country: India
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my thoughts to you is to do whatever is fastest, and that's probably going to mean not changing his official record. The birth certificate situation is a real mess in India, particularly when the US govt. steps in and insists on having documentation that "proves" what would otherwise be asserted by a document equivalent to a US birth certificate. I don't think it's worth it to try and change the official record, but you also can't have his parents make an affidavit swearing that he was born "on the legal/passport date of Dec' 84." You have to swear it's his real birthday. This is what my fiancé did, and it worked fine (he was in the same situation). My point is that it's either all the way or nothing because the US Embassy chooses to not understand that some people in India have different "real" and "official" birth dates. Thus, you have to play the same game.

Also, I'm assuming you've already submitted some paperwork, right? And it sounds like you've been using the birthdate on his passport, right? If you submit any documents with a different birthdate, my guess is that this won't just create confusion -- it will probably bring your entire application to halt. Much of the documentation required in this process is needlessly repetitive, and I think part of the reason is because they want to see cases that reassert the same identity for the same applicant again and again. Everything needs to line up, from the data on the forms to the proof of relationship to the answers given during the interview.

So, in brief: continue to postulate his "official" birth date as his "real" one, and get the documentation to "prove" it.

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Filed: IR-1/CR-1 Visa Country: India
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Thanks everyone for your advice. I do appreciate it. I talked to my husband about this, and he states that all of his documents and records show his birthday as December. He has nothing at all to show it as January. So he thinks he should just continue to use the December date to avoid any confusion, as he thinks that mentioning a different date will just create a mess.

Edited by rkk1
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