no birth certificate

[ladyaunt 0]

For this interview we need a birth certificate but me and my husband dont have any. We do have our citizen certificate, does that help?

[TracyTN 237]

Not sure which of you is the USC but you can easily order one from the state you were born.

[Kez/JWolf 6]

you both dont have a birth certificate??? does the USC not have one? can you get one from your home country??

Kezzie

[ladyaunt 0]

well it was impossible because my usc husband was born in cambodia during khmer rouge so there is no record there. As for me, i was born in thailand but my parents didnt keep anything like that with them. It was 24 years ago.

[NigerLA 1]

Try contacting your respective embassies if they have one in the States, they could issue you a duplicate.

[Kez/JWolf 6]

If your husband is a USC then I would think his citizenship papers would be ok....

You will have to try to get a copy of your birth records.... can your parents help you??

Did you come on a K1 and if so did you not need a birth certificate for that??

My Mom still has a copy of my birth certificate and that was 44 years ago!!!!

Kezzie

[gimygirl 0]

i am wondering as well how you were at the AOS stage and do not have any birth certificates?!?!!? this really isn't possible as you would have needed one for your interview.

obviously the USC can send copies of their passport for citizenship proof ... but for you ... doesn't quite make sense.

[hcj 0]

This is what the law says:

From Title 8, Code of Federal Regulations (CFR), 103.2(b)(2).

http://uscis.gov/lpBin/lpext.dll/inserts/s...slb-8cfrsec1032

(2) Submitting secondary evidence and affidavits.

(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.

(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.

EDITED to disable smiley so the title 8 section shows up correctly

i am wondering as well how you were at the AOS stage and do not have any birth certificates?!?!!? this really isn't possible as you would have needed one for your interview.

obviously the USC can send copies of their passport for citizenship proof ... but for you ... doesn't quite make sense.

The OP filed I-130 and I-485 together -- suggesting that she did not come in on a K visa and thus did not have a visa interview.

Edited March 28, 2006 by hcj

[ladyaunt 0]

well, i have canada immigration paper. BTW, Im canadian citizen.

[hcj 0]

well, i have canada immigration paper. BTW, Im canadian citizen.

Did you see the part where you have to demonstrate the unavailability of your birth certificate? Please read the entire second paragraph of what I quoted, if you have not done so already.

My husband also did not have a birth certificate per se. Our attorney had my mother-in-law write and sign a sworn affidavit saying she was present at husband's birth (no duh, she gave birth to him!) and he was born on X date in X place, and that Sweden does not have birth certificates. Then we enclosed a substitute document from the Swedish government that showed his date of birth.

You may not have any trouble at the interview, or they might be require all the docs named in the law code to check off the "birth certificate" requirement. Now you have the information. How much you want to prepare is entirely up to you.

[Kez/JWolf 6]

To beome a canadian citizen did you not need evidence of your birth?? Sorry but I am confused as to how you have no proof of your birth...

Kezzie

[ladyaunt 0]

well, i have canada immigration paper. BTW, Im canadian citizen.

Did you see the part where you have to demonstrate the unavailability of your birth certificate? Please read the entire second paragraph of what I quoted, if you have not done so already.

My husband also did not have a birth certificate per se. Our attorney had my mother-in-law write and sign a sworn affidavit saying she was present at husband's birth (no duh, she gave birth to him!) and he was born on X date in X place, and that Sweden does not have birth certificates. Then we enclosed a substitute document from the Swedish government that showed his date of birth.

You may not have any trouble at the interview, or they might be require all the docs named in the law code to check off the "birth certificate" requirement. Now you have the information. How much you want to prepare is entirely up to you.

His mom passed away 3 years ago...."Then we enclosed a substitute document from the Swedish government that showed his date of birth." this is impossible because he was born during khmer rouge. no record was kept. He was lucky that they allowed him to live.

As for me, how did i get my citizenship? My parents applied, after they're approved all of us are approved too. It's nothing complicated like united states.

[hcj 0]

His mom passed away 3 years ago...."Then we enclosed a substitute document from the Swedish government that showed his date of birth." this is impossible because he was born during khmer rouge. no record was kept. He was lucky that they allowed him to live.

As for me, how did i get my citizenship? My parents applied, after they're approved all of us are approved too. It's nothing complicated like united states.

IMHO: since your husband is a naturalized US citizen and has been through USCIS already, I think his birth certificate matters much less than YOURS. All you have to do is mention Khmer Rouge and everyone knows what that means. You mention Thailand and people go "Why don't you have a birth certificate".

If you show up without the required documentation, you run the risk of that holding up your approval. Maybe you should at least try to prepare the backup documentation for your lack of a birth certificate. Just MHO.

[hcj 0]

Ladyaunt: One more thing, I am the USC and my husband was the immigrant. I don't know if that was clear from my earlier post.

[Autumnal 25]

I would try to obtain what records you can that might 'prove' your birth, like other Thai government-issued documents, and anything you might have otherwise. I don't know if there's much you can do from Canada because if you didn't have a birth certificate there it couldn't be confirmed.

What did you use for your K visa?