Filing for Greencard, husband has no birth certificate

[SimpleeJenn 2]

My husband and I are filing for a change of status, however he does not possess a copy of his birth certificate and it is looking near impossible to get. ( He is from India.) Thus, is it possible to file the paperwork and go through the process if there is not a birth certificate in the picture?

[TimeTravel 78]

He doesnt possess a copy of his birth certificate?

Should I assume that his birth is legally registered but doesn't have a copy of his BC?

Birth Certificates

You (and any family members immigrating with you to the United States) must obtain an original birth certificate issued by the official custodian of birth records in your country of birth, showing your date of birth, place of birth, and parentage Important Notice: All Immigrant Visa applicants must submit a long form original birth certificate. Short form birth certificates will not be accepted.

The certificate must contain the:

Your date of birth

Your place of birth

Names of both parents

Indication by the appropriate authority that it is an extract from the official records

Unobtainable birth certificates

If your birth record is not obtainable for any reason, a certified statement must be obtained from the appropriate government authority explaining why your birth record is unavailable. You must also submit secondary evidence such as:

A baptismal certificate that contains the date and place of birth, as well as both parents names (providing the baptism took place shortly after birth)

An adoption decree for an adopted child

An affidavit from a close relative, preferably your mother, stating the date and place of birth, both parents names, and your mother’s maiden name.

Note: An affidavit executed before an official authorized to take oaths or affirmations must also be provided. More specific information is available from the NVC.

Ref: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=27c41921c6898210VgnVCM100000082ca60aRCRD&vgnextchannel=27c41921c6898210VgnVCM100000082ca60aRCRD

[Rachel & Tom 9]

My husband and I are filing for a change of status, however he does not possess a copy of his birth certificate and it is looking near impossible to get. ( He is from India.) Thus, is it possible to file the paperwork and go through the process if there is not a birth certificate in the picture?

BIRTH CERTIFICATE:

Original and photocopy. Each applicant must submit an original and a clear photocopy of his/her birth certificate. The certificate should include the applicant’s name, date and place of birth, the names of both parents, and the seal of the issuing office; i.e., the municipal authorities. If your name is not mentioned in the birth certificate and if any details are missing in the birth certificate or if there is a discrepancy regarding your date of birth or name, submit the certificate along with secondary evidence.

Secondary evidence

can be a baptismal certificate, an adoption decree, a school record, a notarized affidavit from a close relative (a parent, a close relative, a neighbor or friend who was present at the time of your birth) on the appropriate stamp paper, which must be sworn before a First Class Magistrate. The person making this affidavit must state how he/she knows your family and how

he/she knows the facts of your birth. Secondary evidence must have your name, date and place of birth; names of both parents; and the seal of the issuing office. If your birth was not recorded,

please submit a “no record of birth registration” letter from the relevant municipality along with secondary evidence and if your birth record has been destroyed or the municipality authorities will not issue one, submit a letter from the municipality stating so along with secondary evidence.

Secondary evidence may be a baptismal certificate, an adoption decree, a school record, a notarized affidavit from a close relative (a parent, a close relative, a neighbor or friend who was present at the time of your birth) on the appropriate stamp paper, which must be sworn before a First Class Magistrate. The person making this affidavit must state how he/she knows your family and how he/she knows the facts of your birth. Secondary evidence must have your name, date and place of birth; names of both parents; and the seal of the issuing office.

Note: If any of these documents were issued in a regional language, a notarized English translation is required in addition to the original.

I dont know if this will help you or not....... i was just reading about this.... good luck

[SimpleeJenn 2]

The issue lies in it being India. My father in law has gone to court 3 times now, to secure this birth certificate. However, the judge pushes back the date, time after time and has now instructed the families attorney to a personal meeting at his home (the judges) where a bribery fee was discussed! To get a birth certificate? We had the original but we were going on vacation and me being me, required my husband bring all his documents with him, as to not have any issues while we take a flight and ended up in a horrible car accident and the original birth certificate was ruined. Epic fail move!!!

[sttom 6]

The issue lies in it being India. My father in law has gone to court 3 times now, to secure this birth certificate. However, the judge pushes back the date, time after time and has now instructed the families attorney to a personal meeting at his home (the judges) where a bribery fee was discussed! To get a birth certificate? We had the original but we were going on vacation and me being me, required my husband bring all his documents with him, as to not have any issues while we take a flight and ended up in a horrible car accident and the original birth certificate was ruined. Epic fail move!!!

If he had his original, which means he has it registered. Its a matter of getting a "certified copy" of the birth entry from the registrar of the concerned authority. Maybe I don't understand the process, but why would he have to go to the court? Couldn't he get it from the concerned Municipality/ City's registrar?

To the Original post, you would need a birth certificate unless , like another post says quoted, if its not obtainable, you can send in a certified statement from the authority, which in your case is the same person who will issue you the certificate.

The "not obtainable" w.r.t India means the birth was not registered or in the weirdest of weirdest case, the birth and death register went up in smokes or gnawed by the notorious silverfish and they have no other way of documenting/recreating the birth/death entries.

See if they can get the certificate from the municipality (or concerned authority) but i am not sure of a reason to have the court involved. I believe you can get as many copies (which in US is a certified copy) of the birth as long as you pay the applicable fees.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas as the OP stated in the original post that they are going through the AOS Process, not the spousal visa process.