Birth Certificate - Indian Parents born before 1970

[A_Singh 21]

Hello  All,

 

I just sent in 2 I-130s for my parents yesterday with the basic requirements for the form I130 i.e My birth certificate for Mom, and My parents marriage certificate and my birth certificate for dad. I know that during the NVC stage the birth certificates of my parents would be required, but here is the issue

 

My parents  (both) were born prior to 1970 in India therefore they do not have a birth registered, they never needed one. What are the documents that will help me get through NVC successfully. Somewhere it says to submit the non availability of Birth Certificate and secondary evidence, but I also read that we could get away with just sworn in affidavits

 

Can someone please help who may have recently gone through this process.

 

Thanks 

[adar24 33]

Also, if someone has a format for the affidavit that they have used, it will be very useful. 

 

And, besides affidavits, has anyone used:

- School Leaving certificate without parent's names on it

- Court order of any kind (details will be appreciated)

- Anything else?

 

Thanks in advance for the help.

[sarkalgud 0]

Did you find an answer to the question? Has your I-130 been approved without non-availability of birth certificates? I am in the same situation. My father is 80+ years, living with me in the US, does not have birth certificate. However, I was able to get an affidavit from his surviving elder brother who is in the US.  Since we don't have any close relative in India, it becomes difficult to chase municipal authorities to get non-availability of birth certificate for my father from India.

 

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/IN.html says birth registration was not mandatory for Indians born before 1970. So, this would imply that for Indians born before 1970, US consulate would understand if birth certificate is not presented.

 

Thanks!

Sri.

[jan22 3,064]

You should check the official Department of State website to find out what information the affidavit should contain:

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/IN.html

 

The last paragraph in the birth certificate section has a clear listing of the information that needs to be included in the affidavit.

[sarkalgud 0]

The last paragraph is about the contents of the affidavit. My question is whether affidavit alone is enough OR should we get non-availability of birth certificate in-addition to affidavit.

 

Thanks for your time Jan22!

 

Sri.

[kgill 2]

Hi, I don't have my mom's  birth certificate in india and we got not found of birth certificate and it worked. 

[jan22 3,064]

2 hours ago, sarkalgud said:

The last paragraph is about the contents of the affidavit. My question is whether affidavit alone is enough OR should we get non-availability of birth certificate in-addition to affidavit.

 

Thanks for your time Jan22!

 

Sri.

There was some question about what the affidavit needed to say -- may have been in a response post and not yours, sorry.

 

The first sentence in the section states that birth certificates are available for births after 1970 -- that means prior to that, they are deemed "not avaialable", i.e., they aren't required.  The only mention of a certificate of non-availability is for someone born after 1970 who doesn't have a birth certificate.

[A_Singh 21]

So help me understand please, since both of my parents are born prior to 1969, should just a Non-Availability of Birth Certificate work? Has anyone tried this?

 

My parent's i130 is in process and I'm assuming within 3-4 months I'll see some action on it.

 

Should I get the NABC or just affidavits from people who are elder to my parents

[jan22 3,064]

5 hours ago, A_Singh said:

So help me understand please, since both of my parents are born prior to 1969, should just a Non-Availability of Birth Certificate work? Has anyone tried this?

 

My parent's i130 is in process and I'm assuming within 3-4 months I'll see some action on it.

 

Should I get the NABC or just affidavits from people who are elder to my parents

The State Department already knows the birth certificates are unavailable.  You should present affidavits.

[A_Singh 21]

 

On 10/25/2017 at 7:05 PM, jan22 said:

The State Department already knows the birth certificates are unavailable.  You should present affidavits.

Okay, does anyone has a sample of affidavit that can be used to prepare one. Also, how many affidavits do we need per parent?

[sarkalgud 0]

AFFIDAVIT OF MARRIAGE

 

MARRIAGE OF SURYAPRAKASH AND SAROJA

 

I, Mr.X, aged 82 years, born on January 8th 1935, residing at <address>.

 

Do, hereby solemnly affirm and state that:

 

1. I am the elder brother of Mr.Y

2. My younger brother Mr.Y got married to Ms.A on May 6th 1968.

3. The wedding took place at Vasavi Mahal, Shivarampet, Mysore. It was a two-day traditional Hindu wedding.

4. I attended their wedding along with my Late wife, and wished the couple a happy married life

5. Their marriage terminated with the demise of Mrs.A in 2004. My brother has not remarried since then.

 

This is true to the best of my knowledge.

[dnp2014 44]

On 9/12/2017 at 3:36 PM, A_Singh said:

Hello  All,

 

My parents  (both) were born prior to 1970 in India therefore they do not have a birth registered, they never needed one. What are the documents that will help me get through NVC successfully. 

 

Can someone please help who may have recently gone through this process.

 

Thanks 

Nowadays India is becoming digital.. Aadhar & Pan card is a must. If your parents have both then they should contact the local authority with a request to register for birth certificate. Few prerequisite docs they will ask to provide. I know most of these govt workers will give a headache but its doable..

[A_Singh 21]

Hello my parents are at NVC stage and i need to provide proof of Birth Certificate.

 

We tried getting the Birth Certificate made but the local SDM wasn't that supportive as getting Birth registered for births prior to 1970 was voluntary.

 

Can someone please share the draft affidavit to proof birth certificate. That can be made by my father's elder brother and mom's elder sister.

 

Thanks

[Sran 0]

On 3/23/2018 at 9:51 AM, A_Singh said:

Hello my parents are at NVC stage and i need to provide proof of Birth Certificate.

 

We tried getting the Birth Certificate made but the local SDM wasn't that supportive as getting Birth registered for births prior to 1970 was voluntary.

 

Can someone please share the draft affidavit to proof birth certificate. That can be made by my father's elder brother and mom's elder sister.

 

Thanks

Hi,

 

Finally, things worked without Non-Availability certificate or you still needed to get one even though your parents were born prior to 1969?

 

Please share with us

Thanks

[A_Singh 21]

Hello All,

 

Apologies for the late update on this. I got an email from NVC last week that they have accepted all the documents for my parents and are currently waiting for an interview slot at the Mumbai consulate and I will be informed accordingly.

 

Because my parents were born prior to 1970, I did not have their birth certificates and the following are the documents I sent.

For both parents - sent sets for each parent separately

 

a) Self declared affidavit that  he/she does not have birth certificate as she was born prior to 1970 and birth registration was voluntary and not mandatory at that time so she is submitting the following as proof

b) Notarized affidavit from some older relative that he/she was present at time of my mom/dad birth and is fully aware of her. included parents name

c) copy of school leaving certificate or matriculation certificate (translated if not in English)

 

In the mean time I was also able to get the Non Availability of birth certificate for my mom but i did not submit it. because for my dad we had to go to a rural place and i didn't bother going that route.  The above sufficed so i guess we are okay now.

 

Waiting for Interview Scheduling date confirmation from NVC now.

 

Good Luck to all!