My stepson's birth certificate?

[Gretch 11]

Okay, I'm sure I read this information somewhere, but now I can't find it.

I've applied for my husband, who has a young child, but his son will be staying with his mother for the foreseeable future. Of course I listed my stepson on the I-130, but I thought somewhere I read that we will need to send in a copy of the child's official birth certificate with the IV packet, even though he isn't going to be immigrating. Can anyone confirm or deny?

Birth certificates aren't easy to get in my husband's country, so this is a roadblock and needs to be figured out ASAP. Thanks!

[aaron2020 11,651]

The child's birth certificate is not needed since he is not immigrating.

[Georgia16 2,858]

We are doing K-1 but it said this about the birth certificate on the checklist:

( ) BIRTH CERTIFICATEs: Your birth certificate plus one original or certified copy of the birth certificate of each unmarried child under the age of 21, named in the application is required, even if they are not applying for a visa at this time. The certificate must state the date and place of birth of both parents and must be from the country where you were born.

I don't know if it's the same with Cr-1/IR-1 maybe someone else have gone through that one and can reply.

[NikLR 13,230]

No for IR1/CR1 you do not need the child's birth certificate if they are not immigrating. A child who was immigrating would need their own I-130 anyhow.

Please note OP you have not applied for anything as of yet. You have petitioned. The actual visa application is the DS-260 and it will be your husband who will be applying for the visa.

[Gretch 11]

Okay, #3 is the information that I read before regarding the beneficiary's non-immigrating child. Which checklist is that from?

[Ryan H 3,818]

Moved from Progress Reports to Process & Procedures.

[Gretch 11]

Thanks for moving the topic. By googling the phrases from response #3, I found that many embassies specify that birth certificates for non-immigrating children ARE necessary (Ghana, India, Kenya--which is where I probably first saw the information as until recently Kenya covered immigration interviews for Rwanda). Unless someone here has a different thought, it seems like I should have my husband get a birth certificate for his son. Unfortunately this will not be easy.

Has anyone with a non-immigrating stepchild gone through this process WITHOUT providing a birth certificate?

[galephys 12]

In Russia they didn't need a birth certificate for the stepchild. They were even surprised I listed a child on the form (DCF). We are still bringing it to the interview just in case.

[NikLR 13,230]

Thanks for moving the topic. By googling the phrases from response #3, I found that many embassies specify that birth certificates for non-immigrating children ARE necessary (Ghana, India, Kenya--which is where I probably first saw the information as until recently Kenya covered immigration interviews for Rwanda). Unless someone here has a different thought, it seems like I should have my husband get a birth certificate for his son. Unfortunately this will not be easy.

Has anyone with a non-immigrating stepchild gone through this process WITHOUT providing a birth certificate?

Yes. My daughter did not immigrate. She lives with her father by her choice. We used to have a whole thread dedicated to parents who had a child who didnt immigrate.

[Gretch 11]

All right, I got the definitive answer from the embassy, same as #3 above:

"Each applicant, including adults, must present a birth certificate. Birth records must be presented for all unmarried children under age 21, even if the children are not applying for a visa at this time. For individuals born in Rwanda, the only accepted birth document is the acte de naissance. Please note that attestations de naissance will not be accepted. If the applicant does not have his original acte de naissance, or if his birth was not registered within 15 days, he must petition the court to issue an acte de naissance. If an acte de naissance is issued on the basis of a court judgment, he must also present the court judgment at his interview."

So here comes yet another court case... At least the birth certificate will be ready if and when my stepson joins us in the US, or at least comes to visit one day.

[Georgia16 2,858]

All right, I got the definitive answer from the embassy, same as #3 above:

"Each applicant, including adults, must present a birth certificate. Birth records must be presented for all unmarried children under age 21, even if the children are not applying for a visa at this time. For individuals born in Rwanda, the only accepted birth document is the acte de naissance. Please note that attestations de naissance will not be accepted. If the applicant does not have his original acte de naissance, or if his birth was not registered within 15 days, he must petition the court to issue an acte de naissance. If an acte de naissance is issued on the basis of a court judgment, he must also present the court judgment at his interview."

So here comes yet another court case... At least the birth certificate will be ready if and when my stepson joins us in the US, or at least comes to visit one day.

Glad you figured it out so you can moe on and not be more delayed in the future

[NikLR 13,230]

He's not an applicant. Obviously this is for follow to join and derivative visas like the f2a. Yes then he would need to supply one, because he can apply for a visa within one year of the parent, but this visa class doesnt allow that.

However if you're hoping that one day his mother will allow him to immigrate, then absolutely get him a birth certificate if she won't supply his original or doesnt have it.

[Gretch 11]

What makes you so sure of that? I mean, this is the information given by the embassy in response to my specific question about the CR-1; a version of it is listed publicly on the Nairobi embassy website for all permanent visa applicants; Frankfurt has it here: https://de.usembassy.gov/wp-content/uploads/sites/21/2016/03/Instructions-for-IV-and-K-Visa-Applicants.pdf Of course I've heard the stories about employees of the USCIS not knowing what they're talking about, but that seems like a lot of corroboration.

It doesn't seem "obvious" to me at all that this info is only for follow-to-join, etc. At this point we're going to go ahead and get the birth certificate (these are relatively new in Rwanda so it's common not to have one, even for children), but I think it should be clarified for anyone with the same question.

[NikLR 13,230]

USCIS is different than DOS.

It says applicant.

When it comes to paperwork you read thoroughly and interpret literally. I interpret it this way, and if you interpret it the other way, as I already stated, get the birth certificate to show.

Whatever makes YOU and your spouse the most comfortable.