Tuesday, June 11, 2013

Affidavit of birth along with I-485 filing



One of the documents that go with I-485 is Birth Certificate. This is the one that takes almost longest time from the applicant side to get it to lawyer.

Most of us have some issue or other on our birth certificate that does not meet the criteria set by USCIS. Most common ones include -- no name in the birth certificate, birth certificate in language other than english, birth certificate with name not written full and so on. It is good to have an affidavit ready.

Please do consult your immigration lawyer before getting one. He/She is the one who is going to file it for you. So, it is better to get their consent.

This is a sample. This can be typed in stamp paper in India and signed by your father and signed and sealed by notary public.  You should also get one from your mother.  You can also get from any 2 elders in the family who were around during your birth. Again, please do consult with your immigration lawyer.

Same goes True for your marriage certificate if your name is not complete there.


AFFIDAVIT OF BIRTH


I, [Father’s Full name], being duly sworn, hereby affirm and state:

  1. I reside at – [India Address].

  1. I was born in [Father’s Birth Place] on [Father’s Birth Date], and I am the father of [Applicant’s Full Name].

  1. I am married to [Mother’s Full name].  We have been married since [Parent’s marriage Date].

  1. [Applicant’s Full Name] was born on [Applicant’s date of birth], to me and my spouse, [Mother’s Full Name]. [Applicant’s Full Name] was born in [Applicant’s Birth Place].

  1. I was present when my wife gave birth to [Applicant’s Full Name] and I am giving this sworn statement because my son’s/daughter’s birth certificate is not complete.


____________________________________________         _________________
[Fathers name]                                                                     [date]




Sworn before me this

day of

,




Signature



[Type Name]



[Official Title]

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52 comments:

  1. Thank you! You are the best! How should I specify that my last name is not mentioned in my BC given name?

    ReplyDelete
    Replies
    1. If you want, you can change this line "I am giving this sworn statement because my son’s/daughter’s birth certificate is not complete." -- but that should be good enough -- covers all the problesm.

      Delete
  2. Great. Something like this at the last?


    I was present when my wife gave birth to [Applicant’s Full Name] and I am giving this sworn statement because my son’s/daughter’s birth certificate has no Last name mentioned in my the BC. This is because Birth certificate in India doesn't have the last name column seperately identified and as a result the last name appears in father's given name.




    ____________________________________________ _________________
    [Fathers name] [date]







    Sworn before me this

    day of
    ,







    Signature

    ReplyDelete
    Replies
    1. I would leave it like that "I am giving this sworn statement because my son’s/daughter’s birth certificate is not complete."

      This will cover all bases. If you have something else going on in the birth certificate this will cover but not your statement.

      Delete
    2. OK. Great. I will simply use above posted affidavite. Do you recommend that I should get two affidavite( one from father and one from mother) or one should be good enough?

      Delete
    3. one from father and one from mother.

      Delete
    4. Ambals - In the G-325 form, it asks for mother's maiden name.Both first and last names were changed after marriage and I dont have proof. Should we just use post marriage first and last names for mother ? OR should I put maiden names ? What supporting docs will USICS need ?

      Delete
  3. My father's middle name is incorrect in my birth certificate. Is that going to be an issue with USCIS? Can I have an affidavit only from my Mom? My father is no more.

    Thanks

    ReplyDelete
    Replies
    1. Any 2 elders who were around at the time of your birth is what was suggested to me. I think only your name being full is more important than anything else. But, please do check with your immigration lawyer to be safe.


      Delete
  4. My parents are currently in USA with me visiting. Does the BC Affidavit need to be on a Stamp Paper from India or can it be done here in US on a plain letter head signed by the Notary Public?

    ReplyDelete
    Replies
    1. Notary Public should be good. Please do check with your immigration lawyer.

      Delete
  5. Ambals,

    Thank you for your blogs to give insights on immigration matters. It has been a great help.

    How old could the affidavit be? I have made affidavits by my parents and an elder for issues in birth certificate last year. I am hoping to submit 485 by December this year (if your predictions come true...I truly hope so). Is there a limit on the time between the affidavit date and application date?

    ReplyDelete
    Replies
    1. I don't think the timing really matter. But, please do confirm with your immigration lawyer.

      Delete
  6. Indian consulate in US also issues birth certificate. Will that work for I485?

    ReplyDelete
    Replies
    1. As far as my understanding goes, it has to be issued from the right authority at the place of your birth.
      Please do confirm with your immigration lawyer.

      Delete
  7. This is a great blog. Thanks for all your effort. Would you by any chance know that if we were to get an affidavit on an Indian stamp paper, does the stamp paper have to be of a certain denomination (Rs. 100 etc) or it doesn't matter. I'll be checking with my lawyer but was just wondering if you would know this by any chance.

    ReplyDelete
  8. Hi Ambals, I have an affidavit for my wife's brith certificate which I got it from India, a year back but it is one affidavit by both parents. Will that be okay instead of 2 separate affidavits by both parents ?

    ReplyDelete
    Replies
    1. It is better and cleaner and easier for USCIS -- if you get separate ones. If you have already obtained it, that should be ok. But, please do confirm with your immigration lawyer who is filing your application.

      Delete
  9. Hi, I have BC affidavite that needs to be made along with Marriage certificate affidavite that is needed. Can I combine all in one? or it has to be two seperately for BC and another 2 for marriage certificate? Can I use the above and tweek to say-

    4. I am familiar with the circumstances of My NAME birth because I am his father and was present during his marriage.
    5. As a father, I am confirming through this affidavit that MY NAME as appear on the marriage certificate is my son and his last name is XXX

    ReplyDelete
    Replies
    1. It is better and cleaner and easier for USCIS -- if you get separate ones. If you have already obtained it, that should be ok. But, please do confirm with your immigration lawyer who is filing your application.

      Delete
  10. Hi..ambal, can you pls let me know above?

    ReplyDelete
    Replies
    1. It is better and cleaner and easier for USCIS -- if you get separate ones. If you have already obtained it, that should be ok. But, please do confirm with your immigration lawyer who is filing your application.

      Delete
  11. No I have not. I will be requesting one for marriage affidavits. Can I make it in the same formate as BC affidavits and tweak to what is the problem in MC?

    ReplyDelete
    Replies
    1. Yes. Have something like -- "I am giving this sworn statement because my son’s/daughter’s marriage certificate is not complete." -- that will cover everything.

      Delete
  12. Hi,

    My wife's name is spelling mistake on my son's birth certicate. Do I need to go for correcting it or just get the affidavit?. Please reply at the ealiest as I have PD of Oct 2007.

    Thanks in Advance !.

    ReplyDelete
    Replies
    1. prepare 2 affidavaits one from you & another from your wife and get notarized.

      Delete
  13. Ambals - In the G-325 form, it asks for mother's maiden name.Both first and last names were changed after marriage and I dont have proof. Should we just use post marriage first and last names for mother ? OR should I put maiden names ? What supporting docs will USICS need ?

    ReplyDelete
  14. My birth certificate doesnt have my father's middle name. It only has my father's first name and last name. However in my passport, my father's name has middle name. Would it be an issue ? Please help

    ReplyDelete
    Replies
    1. Anytime you are in doubt, get an affidavit and keep. It wouldn't hurt. Discuss with your lawyer. If your lawyer asks for it, give it.

      Delete
  15. when i was born my mom decides not to put my fathers name in my birth certificate. He wasnt present in our lives and i basically dont even know him. I know his name but i dont know if he is still alive or not. I live right now in USA and he was from eastern europe. do i have to mention him in form I485 or any other forms when they ask my fathers name? thanks

    ReplyDelete
    Replies
    1. Sorry. I don't know the answer.
      When I googled it, this link says you can put "unknown".
      http://answers.yahoo.com/question/index?qid=20090731171107AAi1eNJ

      Delete
  16. Here is my case...In my Passport:
    My Name - A Y
    Father Name B Y
    Mother Name C (didn't write the complete name)

    Birth Certificate:
    My Name - A Y
    Father Name B Y
    Mother Name C D (D is her surname)

    I didn't pay attention to write my mother name C D in my pasport. She never added my father last name as she is working and will have ripple effects on her certificates. Her passport also issued with C D indicating A Y as her spouse.

    My father has pasport with A Y indicating C D as his spouse.

    Any issue that you guys see here? Please suggest

    ReplyDelete
  17. Here is my case...In my Passport:
    My Name - A Y
    Father Name B Y
    Mother Name C (didn't write the complete name)

    Birth Certificate:
    My Name - A Y
    Father Name B Y
    Mother Name C D (D is her surname)

    I didn't pay attention to write my mother name C D in my pasport. She never added my father last name as she is working and will have ripple effects on her certificates. Her passport also issued with C D indicating B Y as her spouse.

    My father has pasport with his name as B Y indicating C D as his spouse.

    Any issue that you guys see here? Please suggest...

    ReplyDelete
  18. Hello, My uncle is a US citizen and can i get affidavit in US from him, as he was there when i was born in India.

    Regards
    Murali

    ReplyDelete
    Replies
    1. Should be fine. But, please do confirm with your immigration lawyer who is going to file your I-485.

      Delete
  19. Hi, thanks for the helpful blog. My husband's birth certificate was issued by the hospital where he was born but not when he was born (1981) but in 2006. So the date of registration is given as 2006 while his date of birth is right. Does he need an affidavit in this case?

    ReplyDelete
    Replies
    1. I don't think so. But, please do confirm with your immigration lawyer who is going to file your I-485.

      Delete
  20. Hi - Thank you for the blog
    I am planning to apply GC for my mom. In her Birth Certificate, Place of birth mentioned as “X” and in her passport its “Y”. Both these places belong to Same Taluk/District/State. In the GC forms, I was planning to put the place of birth as “Y”, which is as per her passport. My mom has an affidavit for “change of name” and in that it’s been clearly mentioned as she was born in “Y”.

    I was going through some forums, and I am thoroughly confused. Please let me know, if it would create any problems, if we mention the place of birth, which is as per passport.

    Thanks,
    Xavier

    ReplyDelete
  21. Hello,

    My father passed away last year, unfortunately. Can anyone else give an affidavit in his place?

    Thanks
    Durga

    ReplyDelete
    Replies
    1. Sorry to hear that. Yes, anyone who was there at the time of your birth can do it -- uncle/aunt.
      Please do confirm with your immigration lawyer before your proceed.

      Delete
  22. I dont have my birth ceritificate, how should the afidavit test look like, pleae advise ?

    ReplyDelete
  23. Hi we filed 485 only with affidavit. Will that be a problem. One junior lawyer messed it up. Will i get rfe. I have birth certificate now. But will this delay my GC. My priority date is march2008 and I filed 485 on October

    ReplyDelete
  24. If the place of birth is different in the passport and the Birth Certificate, then will the affidavits clarifying place of birth be adequate?

    ReplyDelete
    Replies
    1. hi i am in same situation can u please help or send information on pjinal87@gmail.com

      Delete
  25. My mother's name has been cut short in my passport as she has been referred to short and full names on and off. But my BC has full name. Will it be an issue during I-485 and also whether this can be solved with affidavit through notary public saying that X alias XY mother of so and so

    Can you please clarify

    ReplyDelete
  26. My birthdate is wrong on the birth certificate. I have an affidavit with the wrote one. Would this work?

    ReplyDelete
  27. Ambals, I follow your website regularly for immigration related posts. Many thanks for your wonderful work. In case of father's demise can mother provide the affidavit?
    This is for my wife. Her father passed away.

    Thanks in advance, and keep up the good work.


    ReplyDelete
    Replies
    1. They need 2 affidavits. Any two people who are old enough to say, they were there when your wife was born. Along with mother, any Uncle, or aunt will work. Please do confirm with your immigration lawyer before proceeding.

      Delete
  28. Hi,
    I lost my old birth certificate so i reapplied and got new birth certificate from concerned authority.
    What should birth certificate affidavit in this case?

    ReplyDelete
  29. Good day.. Please I need your advice.. I wrongly spelt my father's name on my G325 and 1 485 i submitted(wrote muktar Odutayo and on my birth certificate it's written as Mufutau Odutayo. Hope there won't be a problem?

    ReplyDelete