Affidavit of Unavailability Draft (Japanese Birth Certificate)

[Mayday 0]

My husband is from Japan and we are living here together in the US. I'm a citizen and he is here on a visa. We will be applying for his green card this week, but we don't have his birth certificate. I've written a draft of our affidavit of unavailability. Any input (or links to other examples) would be appreciated. Thanks!

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To Whom It May Concern:

I’m writing this affidavit of unavailability to explain that I am unable to provide a birth certificate with my visa application.

I was born in CITY, Japan on DATE. My passport records (included) will attest to this.

My parents are deceased and I have no siblings or other family in Japan. Returning there to obtain birth records would constitute an undue hardship.

I’ve searched through all of my records in the US and my birth records are not among them.

I apologize for any inconvenience. Please contact me at the email address above if you have any follow up questions.

I solemnly affirm and declare the aforementioned to be a true statement.

Thank you.

Sincerely,

[milimelo 4,550]

Umm the fact he doesn't want to go to Japan to get his certificate sounds like the document IS available. Don't think this will pass USCIS. Get someone to pick it up for him (power of attorney) and scan it for him and mail the original to you.

Also, time for you to read up a bit about AOS procedures and learn the terminology as you're not applying for a visa if you're sending in for Adjustment of Status.