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cganesh75

N400 and birth certificate RFE

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Filed: Citizen (apr) Country: India
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I have been in the USA on a greencard since 2004. I applied for citizenship in Feb 2018 and had my interview today. They couldnt make a decision because my birth certificate doesnt have my name on it. It was from 1975 and has only my sex on it. I had used that and also submitted an affidavit from my father with my name and everything. Now they want my birth certificate with my name on it or a document from the local authority in India that such a document doesnt exist. Anybody else have gone through such issue? Any suggestion on getting such document? I have 1 month to respond but not sure how i can produce this document

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Filed: Country: India
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23 minutes ago, cganesh75 said:

I have been in the USA on a greencard since 2004. I applied for citizenship in Feb 2018 and had my interview today. They couldnt make a decision because my birth certificate doesnt have my name on it. It was from 1975 and has only my sex on it. I had used that and also submitted an affidavit from my father with my name and everything. Now they want my birth certificate with my name on it or a document from the local authority in India that such a document doesnt exist. Anybody else have gone through such issue? Any suggestion on getting such document? I have 1 month to respond but not sure how i can produce this document

Wow how did you manage immigration all these years without your name on birth certificate. If you dont have your name on it, how can they believe its yours. How did USCIS accept that all these years....strange.

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Filed: Citizen (apr) Country: India
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2 minutes ago, cd37 said:

Wow how did you manage immigration all these years without your name on birth certificate. If you dont have your name on it, how can they believe its yours. How did USCIS accept that all these years....strange.

It is very common to not have name in your birth certificate, thats why i have the affidavit linking me to the certificate. This is the requirement for greencard https://www.***removed***/birth-certificate/name-issues.html#no-name-birth-certificate

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11 minutes ago, cganesh75 said:

It is very common to not have name in your birth certificate, thats why i have the affidavit linking me to the certificate. This is the requirement for greencard https://www.***removed***/birth-certificate/name-issues.html#no-name-birth-certificate

I understand this that at birth most of them in India dont have names yet but your parents can go local authorities and change birth record and put your name on it. Remember birth certificates are never "original" only birth records are and your parents can change it assuming they have all the proof. Ask them to go their with all your documents and change it. My guess is its fairly easy, its just you never did it.

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Filed: Citizen (apr) Country: India
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6 hours ago, TNJ17 said:

How do you not have a name on your birth certificate? How did you manage to get a greencard without a birth certificate?

because the affidavit with original (no name)certificate was enough

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Filed: Citizen (apr) Country: Canada
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16 minutes ago, cganesh75 said:

because the affidavit with original (no name)certificate was enough

 

 

A single affidavit itself is not enough on its own and you would need corroborating evidence to back it up.  

 

The good news, is that you can get your name added to your birth certificate for a fee.

The bad news, is that you don't really have the time to do that now.

 

On a side note, a mother's affidavit carries more weight in these circumstances than a father's affidavit does.  Is your mother able to write one?

(it also states under the "secondary evidence" that a minimum of 2 affidavits are required.  You only sent the one.)

 

Do you have school records which lists your name and both your parents' names to submit along with the affidavits?

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: Citizen (apr) Country: India
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27 minutes ago, Going through said:

 

 

A single affidavit itself is not enough on its own and you would need corroborating evidence to back it up.  

 

The good news, is that you can get your name added to your birth certificate for a fee.

The bad news, is that you don't really have the time to do that now.

 

On a side note, a mother's affidavit carries more weight in these circumstances than a father's affidavit does.  Is your mother able to write one?

(it also states under the "secondary evidence" that a minimum of 2 affidavits are required.  You only sent the one.)

 

Do you have school records which lists your name and both your parents' names to submit along with the affidavits?

I am trying to get that. My mother should be able to get me the affidavit. Father passed away 6 years ago. I dont have any of my school records (i am also looking to see if i can obtain them). Time is the big factor. 

 

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Filed: Citizen (apr) Country: Canada
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27 minutes ago, cganesh75 said:

I am trying to get that. My mother should be able to get me the affidavit. Father passed away 6 years ago. I dont have any of my school records (i am also looking to see if i can obtain them). Time is the big factor. 

 

I would also see about putting in the application to have your name added to your original birth certificate.  You likely won't get the approval/actual change to the certificate within a month's time, but at the very least, you should receive some documentation/form of receipt from India stating your intent/processing which you can then provide a copy of to USCIS.  Shows good faith effort on your part has been made to abide by their requirements.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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7 minutes ago, Going through said:

I would also see about putting in the application to have your name added to your original birth certificate.  You likely won't get the approval/actual change to the certificate within a month's time, but at the very least, you should receive some documentation/form of receipt from India stating your intent/processing which you can then provide a copy of to USCIS.  Shows good faith effort on your part has been made to abide by their requirements.

I just had my birth certificate fixed in India. They asked for all documents from school certificate to current passport where I have my parents name. It took 2 days and they issued new certificate. I would always suggest to fix birth certificate any time you find issue.

Edited by cd37
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Filed: Citizen (apr) Country: India
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9 minutes ago, cd37 said:

I just had my birth certificate fixed in India. They asked for all documents from school certificate to current passport where I have my parents name. It took 2 days and they issued new certificate. I would always suggest to fix birth certificate any time you find issue.

Thanks cd37. Did you have to go to your actual birth place? my mom have moved to different city a long time ago. now nobody lives where i was born. 

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2 minutes ago, cganesh75 said:

Thanks cd37. Did you have to go to your actual birth place? my mom have moved to different city a long time ago. now nobody lives where i was born. 

Yes you have to go where your birth record was registered. Probably your mother has to go in person with documents.

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This is crazy. I don't have my name on my birth certificate either. But when my GC was approved (in 2015) I submitted two affidavits from my mother and father as well as my PAN card and they raised no question. I will have my interview at Orlando too. Hope this does not become an issue. Did the officer say why the affidavit was not sufficient. When I was filing my GC it appeared every Indian was using the affidavit. Now it appears its not sufficient?

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Filed: Citizen (apr) Country: India
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12 minutes ago, pavirotti said:

This is crazy. I don't have my name on my birth certificate either. But when my GC was approved (in 2015) I submitted two affidavits from my mother and father as well as my PAN card and they raised no question. I will have my interview at Orlando too. Hope this does not become an issue. Did the officer say why the affidavit was not sufficient. When I was filing my GC it appeared every Indian was using the affidavit. Now it appears its not sufficient?

Yes, my GC had no issues either. according to IO for the N400 she said she needs to use the name in my birth certificate. She needs to link "officially" my name to the birth certificate. According to her it was ok for GC because they can revoke the GC but for citizenship they have to make sure it goes to the right person.

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