Absence of Birth Certificate/Notarized Affidavit

[leonidas_alexan 45]

Hello Everybody,

I am an Indian citizen living in New Zealand. Me and my fiancee have filed our K1 petition in August 2012 and we are awaiting our NOA2. In the meanwhile I have begun procuring various documents that I will be needing at the embassy interview here in Auckland. One of the things was the birth certificate. Now although, I do have my original birth certificate, it does not actually contain my name.

As the secondary evidence I intend to produce my school certificate and also the notarized affidavit. The school certificate does not contain the name of my mother so that is the reason why I am also going for the notarized affidavit.

Now, this is my doubt.

* Is it okay if I get this birth certificate affidavit notarized by a notary public or should it actually be sworn in front of a First Class Magistrate. On inquiring with my father in India, my father told me that generally the First Class Magistrates do not do these affidavits? Is this true? Is it compulsory that the affidavit must be sworn before a First Class Magistrate or is it enough if the affidavit is executed by a Notary Public?

Any replies would be much appreciated.

Thank You,

Cheers.

Edited February 4, 2013 by leonidas_alexan

[ayhd100 0]

Yes it mention in website that we have to get sworn in front of a First Class Magistrate. But First Class Magistrate do not give affidavit. So getting from natarized will work.

Hello Everybody,

I am an Indian citizen living in New Zealand. Me and my fiancee have filed our K1 petition in August 2012 and we are awaiting our NOA2. In the meanwhile I have begun procuring various documents that I will be needing at the embassy interview here in Auckland. One of the things was the birth certificate. Now although, I do have my original birth certificate, it does not actually contain my name.

As the secondary evidence I intend to produce my school certificate and also the notarized affidavit. The school certificate does not contain the name of my mother so that is the reason why I am also going for the notarized affidavit.

Now, this is my doubt.

* Is it okay if I get this birth certificate affidavit notarized by a notary public or should it actually be sworn in front of a First Class Magistrate. On inquiring with my father in India, my father told me that generally the First Class Magistrates do not do these affidavits? Is this true? Is it compulsory that the affidavit must be sworn before a First Class Magistrate or is it enough if the affidavit is executed by a Notary Public?

Any replies would be much appreciated.

Thank You,

Cheers.

[Villanelle 4,122]

Youre not going to need your school record, but you can submit it if youd like.

For India. Its common for your birth certificate to be incomplete. The policy for a birth certificate from India that is incomplete is as follows:

"In cases where birth certificates from the authorities contain insufficient information regarding the birth a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts."

So it just has to be a sworn affidavit. It has to state the relationship between whos writing it and you. Your birth date, your parents names, where you were born, and anything else that may be relevant.

A sworn affidavit means your father wrote it and signed it in front of someone who stamped it as a witness and has the official capacity to do so. Who does that there- I dont know. Could be a notary, could be a First Class Magistrate. USCIS isnt going to care whose stamp it is, as long as it stamped by someone who has the official capacity to do so.

[leonidas_alexan 45]

Yes it mention in website that we have to get sworn in front of a First Class Magistrate. But First Class Magistrate do not give affidavit. So getting from natarized will work.

Thank you so much for the information. Yes, that is what confused me as I was told by my father that First Class Maigstrate's do not execute these sort of affidavits. I am going to go ahead and get this affidavit executed by my father in front of a notary public.

Thanks for your advice. Really much appreciated.

[leonidas_alexan 45]

Youre not going to need your school record, but you can submit it if youd like.

For India. Its common for your birth certificate to be incomplete. The policy for a birth certificate from India that is incomplete is as follows:

"In cases where birth certificates from the authorities contain insufficient information regarding the birth a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts."

So it just has to be a sworn affidavit. It has to state the relationship between whos writing it and you. Your birth date, your parents names, where you were born, and anything else that may be relevant.

A sworn affidavit means your father wrote it and signed it in front of someone who stamped it as a witness and has the official capacity to do so. Who does that there- I dont know. Could be a notary, could be a First Class Magistrate. USCIS isnt going to care whose stamp it is, as long as it stamped by someone who has the official capacity to do so.

Hi,

Thank you very much for your advice and information. You mentioned at the end of your post that the USCIS is not going to care whose stamp it is--but I think I am going to submit this affidavit at the time of my interview at the US embassy here in New Zealand. So, US embassy is different from USCIS, right?

Anyway I got the crux of your post. I will do the same as you have advised. I will get the affidavit executed by my father in front of a notary public there in India. Thank you so much for your information and advise. Much appreciated.

Cheers.

[Villanelle 4,122]

^thats kind of a tricky question. Your interview is at the embassy. Its going to be conducted by a Consular Officer. Consular Officers are Foreign Service Officers working for the United States Department of State. Their primary job is to receive, review and adjudicate visa applications (although they do other things like assist US citizens living overseas). In processing and approving visas they follow all USCIS guidelines, but they are not USCIS employees, they are dept of state employees.

So the USCIS does not care who stamped the sworn statement, so the consular officer will not care because they enforce the USCIS guidelines- its their job to.