Birth Certificate Related

[nishant2200]

Reader, IMHO ur case needs advice of lawyer. Affidavit u may need, but what to write to explain, a lawyer cud say.

It wud be easier to correct passport than BC, I think.

I need advice from the experts for couple of issues in my birth certificate.

1. In my BC, my name is prefixed with the initials of my father's name which is common in south India. But, in my passport the name is given without initials and father's name is given as the family name. Does this need to be mentioned in the affidavit? (I am preparing affidavit anyway due to the registration date)

2. In my BC, the place of birth is given as City A which is a bigger city where the hospital is located, but the passport has the place of birth as City B which is a nearby city. What is best course of action to get this corrected. Is it easier to get the passport reissued with the correct place of birth based on the bc at the Indian consulate rather than trying to get the BC corrected?

[kd2008]

I need advice from the experts for couple of issues in my birth certificate.

1. In my BC, my name is prefixed with the initials of my father's name which is common in south India. But, in my passport the name is given without initials and father's name is given as the family name. Does this need to be mentioned in the affidavit? (I am preparing affidavit anyway due to the registration date)

2. In my BC, the place of birth is given as City A which is a bigger city where the hospital is located, but the passport has the place of birth as City B which is a nearby city. What is best course of action to get this corrected. Is it easier to get the passport reissued with the correct place of birth based on the bc at the Indian consulate rather than trying to get the BC corrected?

Please consult a competent attorney for best advice. Each case is unique and these matters require careful attention.

[vizcard]

I need advice from the experts for couple of issues in my birth certificate.

1. In my BC, my name is prefixed with the initials of my father's name which is common in south India. But, in my passport the name is given without initials and father's name is given as the family name. Does this need to be mentioned in the affidavit? (I am preparing affidavit anyway due to the registration date)

2. In my BC, the place of birth is given as City A which is a bigger city where the hospital is located, but the passport has the place of birth as City B which is a nearby city. What is best course of action to get this corrected. Is it easier to get the passport reissued with the correct place of birth based on the bc at the Indian consulate rather than trying to get the BC corrected?

#1 should be ok with an affidavit.
#2 is slightly more problematic. Like others have said, check with your lawyers.

[sreddy]

I agree each case is different. Think about what it takes to get an affidivit. Compared to getting Birth Certificate, getting affidivit is very easy in india, and you can ask your contacts in India to just send scanned soft copy in email. Also please note, they may ask for additional evidences, some old certificates or cards containing your date of birth and father's name, like School leaving certificate or PAN card if you have one (PAN card is the Tax card in india, if you have paid taxes in india), etc.

Please consult a competent attorney for best advice. Each case is unique and these matters require careful attention.

[Reader]

Thanks guys for your suggestions. Some updates and clarifications..

1. My father was able to take care of the #1 and got new BC issued today with my name written without initials.

2. Regarding the place of birth issue, actually the issue is for my wife's passport. I incorrectly mentioned it as my passport. Does that make it less problematic, since I am the primary and she is the dependent? In any case, I am considering going to the NY Indian consulate to get the place of birth corrected in the passport based on the BC. Do you guys foresee any problems in this?

I need advice from the experts for couple of issues in my birth certificate.

1. In my BC, my name is prefixed with the initials of my father's name which is common in south India. But, in my passport the name is given without initials and father's name is given as the family name. Does this need to be mentioned in the affidavit? (I am preparing affidavit anyway due to the registration date)

2. In my BC, the place of birth is given as City A which is a bigger city where the hospital is located, but the passport has the place of birth as City B which is a nearby city. What is best course of action to get this corrected. Is it easier to get the passport reissued with the correct place of birth based on the bc at the Indian consulate rather than trying to get the BC corrected?

[tackle]

In any case, I am considering going to the NY Indian consulate to get the place of birth corrected in the passport based on the BC. Do you guys foresee any problems in this?

If I remember correctly, the Indian Consulate will require a court order before they could update the place/date of birth on the Passport. My wife's case is similar. Her Passport has correct Place of Birth, but on BC it is different as she was born in City A but birth was registered in City B. We tried to get the BC updated to match passport and found out that it is not possible to do that. When I asked my lawyers if I should try and get Passport updated to match BC, they said, we'll just use the "correct" place of birth on the forms (even though it is different on BC) and if there is an RFE, they'll take care of it.

tl;dr: Talk to your lawyer, explain the issue and ask for their advise.

[Reader]

Thanks.. In my case, the place of birth on her BC is correct and the place of birth mentioned in the passport is wrong (her home address city).. I am still waiting for my company lawyer to respond to my vm...

If I remember correctly, the Indian Consulate will require a court order before they could update the place/date of birth on the Passport. My wife's case is similar. Her Passport has correct Place of Birth, but on BC it is different as she was born in City A but birth was registered in City B. We tried to get the BC updated to match passport and found out that it is not possible to do that. When I asked my lawyers if I should try and get Passport updated to match BC, they said, we'll just use the "correct" place of birth on the forms (even though it is different on BC) and if there is an RFE, they'll take care of it.

tl;dr: Talk to your lawyer, explain the issue and ask for their advise.

[kreddy.g]

Hello all,
I have a BC with no name on it and my 10th certificate they changed my DOB. So right now I think the BC will not valid since the DOB on BC is different than my passport and 10th certificate. I checked with local municipal and they said it will take around 1month to issue a non-availability certificate. So could any one please tell me whether Affidavits alone will work? Could any one please share some thoughts?

Thanks
Kreddy.

[Karma1979]

Hello I have prepared an affidavit. Please let me know if I should add, remove or change anything.

AFFIDAVIT

English translation of same first name


I, the undersigned, Pradip (alias Pradeep) Last name aged – XX years, Hindu by religion, presently residing at XXXXXX, India, do hereby solemnly affirm and declare on oath that:


1. I am the deponent herein and a citizen of India.

2. I was born on XXXX, India.


3. I was married to XXX on Oct 7, 1965 in Mumbai, India.


4. I am father of my son, XXX XXXX who was born on December XXXX in Mumbai India currently residing in xxxx USA address xxxxx.


5. Pradip and Pradeep are two different ways to spell the first name from my native language of the region into English. This should not be considered name change.




6. My first name is stated as Pradip on my son’s birth certificate and as Pradeep on my son’s passport.


7. Pradip and Pradeep are phonetically accepted spelling of the same first name in India.


8. Therefore, the following first names refer to the one and the same person:

Pradeep
Pradip


The above are the variations of the same name and should not be considered name changes. I am executing this affidavit to clear any discrepancy which may arise from official documents bearing either name “Pradip” or “Pradeep”.

So I do hereby solemnly affirm that foregoing are true and correct statements.


_______________________________ ____________
Deponent Signature Date


Acknowledged and signed in the presence of ______________________, attorney counsel.



_______________________________ ____________
Attorney Signature Date

[Reader]

tackle, Thanks for your response. Did you initiate the process for getting a court order to get the place of birth corrected in the passport? When you say that if there is an RFE, they will take care of it, do you have any indication on how exactly they are planning to handle it. My attorney suggested to get the passport corrected based on the BC through whatever way possible and we know that the only way is to get the court order. I am thinking of trying out that option to have it done by the time if and when there is an RFE for place of birth.

If I remember correctly, the Indian Consulate will require a court order before they could update the place/date of birth on the Passport. My wife's case is similar. Her Passport has correct Place of Birth, but on BC it is different as she was born in City A but birth was registered in City B. We tried to get the BC updated to match passport and found out that it is not possible to do that. When I asked my lawyers if I should try and get Passport updated to match BC, they said, we'll just use the "correct" place of birth on the forms (even though it is different on BC) and if there is an RFE, they'll take care of it.

tl;dr: Talk to your lawyer, explain the issue and ask for their advise.

[tackle]

tackle, Thanks for your response. Did you initiate the process for getting a court order to get the place of birth corrected in the passport? When you say that if there is an RFE, they will take care of it, do you have any indication on how exactly they are planning to handle it. My attorney suggested to get the passport corrected based on the BC through whatever way possible and we know that the only way is to get the court order. I am thinking of trying out that option to have it done by the time if and when there is an RFE for place of birth.

Nope, I didn't initiate the process of getting court order. This is the last note that I got from my Paralegal on this:

Please don't worry about the birth certificates. <Lawyer> has said that we will submit your wife's certificate as it is. If USCIS will request later on about her certificate, we will explain what happened.. that we tried to fix it but couldn't.

So, we are submitting my wife's birth-certificate with the Place of Birth inconsistency. They did ask me to get the spelling mistake on her BC fixed which we got done. They were not too worried about the Place of Birth inconsistency. And, I'm going with my lawyers suggestion.

[gcdedo]

Guys, I am in process of preparing affidavit. Can you please let me know what amount of notary paper should I use for this. Also if I have a second page what value of stamp should be stuck to it.

[Pedro Gonzales]

tackle, Thanks for your response. Did you initiate the process for getting a court order to get the place of birth corrected in the passport? When you say that if there is an RFE, they will take care of it, do you have any indication on how exactly they are planning to handle it. My attorney suggested to get the passport corrected based on the BC through whatever way possible and we know that the only way is to get the court order. I am thinking of trying out that option to have it done by the time if and when there is an RFE for place of birth.

Actually, you may want to check with the consulate on the passport issuance. They may be willing to do it without a court order. I got my name changed on my passport in the consulate without a court order. All I had was documents to prove that my name on my passport was incorrect. They did give me a lot of trouble about why I didn't fix it right away upon receiving the passport (the reason being, I had a deadline to fly to the US and it was easier to get my admit letter and other docs changed than to get the passport changed - i went through B-School on the wrong name, my classmates didn't find out until after I finished; they still find it hillarious that I went through 2 years answering to the wrong name). Also a) I got escorted upstairs to talk to one of the consuls who wanted to make sure I was legit, b) they only gave me a 1-year passport at first until they could run some checks, c) a year later when I went back for a renewal, they hassled me a little bit more about why I only had a 1 year passport, and d) took extra time to make sure those checks they'd ordered a year ago didn't pull up anything suspicous. In the end I got the name changed just fine.

Bottom line, go to the consulate. You have the birth certificate, the passport is wrong, they should fix it. They may ask you to bring back other docs to prove that the person on the passport and BC are one and the same, but they may be able to do it without a court order.

[nishant2200]

friend, a suggestion, you should always mention your full name everywhere, not just Pradip. And always good to have affidavits approved by lawyer.

Hello I have prepared an affidavit. Please let me know if I should add, remove or change anything.

AFFIDAVIT

English translation of same first name


I, the undersigned, Pradip (alias Pradeep) Last name aged – XX years, Hindu by religion, presently residing at XXXXXX, India, do hereby solemnly affirm and declare on oath that:


1. I am the deponent herein and a citizen of India.

2. I was born on XXXX, India.


3. I was married to XXX on Oct 7, 1965 in Mumbai, India.


4. I am father of my son, XXX XXXX who was born on December XXXX in Mumbai India currently residing in xxxx USA address xxxxx.


5. Pradip and Pradeep are two different ways to spell the first name from my native language of the region into English. This should not be considered name change.




6. My first name is stated as Pradip on my son’s birth certificate and as Pradeep on my son’s passport.


7. Pradip and Pradeep are phonetically accepted spelling of the same first name in India.


8. Therefore, the following first names refer to the one and the same person:

Pradeep
Pradip


The above are the variations of the same name and should not be considered name changes. I am executing this affidavit to clear any discrepancy which may arise from official documents bearing either name “Pradip” or “Pradeep”.

So I do hereby solemnly affirm that foregoing are true and correct statements.


_______________________________ ____________
Deponent Signature Date


Acknowledged and signed in the presence of ______________________, attorney counsel.



_______________________________ ____________
Attorney Signature Date

[Eb2_Dec07]

Sorry for asking the question which is out of place for this thread. My spouse'e employer is supposed to pay for GC process expense. Typically when employers do , at I 485 stage are the employers expected to pay for the attorney fee part . I understand USCIS fee will be born by the applicants.

[rdsingh79]

Guys..I have a question. Have anyone used 10th Board exam certificate (it has the date of birth listed on it) instead of "school leaving certificate" as secondary evidence. I don't have my school leaving certificate, but I am wondering if 10th board exam certificate could be acceptable.

[gc0907]

It totally depends on the agreement between the applicant and the employer.
Applicant might pay nothing or a part or entire expense of GC including attorney fees and USCIS fees for labor+140+485+etc.

Sorry for asking the question which is out of place for this thread. My spouse'e employer is supposed to pay for GC process expense. Typically when employers do , at I 485 stage are the employers expected to pay for the attorney fee part . I understand USCIS fee will be born by the applicants.

[gc0907]

If the school still exist then it shouldn't be hard to get a school leaving I guess. My mom didn't have her's school leaving when we wanted to apply for her passport. Got it from the school she attended 30 years ago. Again YMMV in India.

[nishant2200]

http://www.jackson-hertogs.com/jh/memos/69010.pdf

A good one to see

[Pdmar08]

PLEASE MOVE TO THE APPROPRIATE THREAD
I specifically asked for it a little while back. I wanted to be sure I atleast figured out gaps in my "packet" so that I could chase that down. They made a point to tell me NOT to do medicals or photos till I got current.

I-485 FILING SUPPORTING DOCUMENTS LIST
NAME OF APPLICANT: ___________________________________________

 Medicals: Sealed Medical Exam from a USCIS-approved physician. As part of the Adjustment of Status process, you and any family members applying with you will need to complete a medical exam with a USCIS-approved physician. For a list of USCIS-approved physicians, please refer to the USCIS Civil Surgeon Locator at the following web site, https://egov.uscis.gov/crisgwi/go?ac...ffice_type=CIV. You may also call the USCIS National Customer Service Center at 1-800-375-5283 to receive the names of USCIS-designated Civil Surgeons in your area. When contacting the physician's office for your appointment, you should inquire into which forms and/or documentation you will need to provide for the medical examination. If needed, Form I-693 can be downloaded from the USCIS website at the following link: http://www.uscis.gov/files/form/I-693.pdf.
 Photo ID: Two color photocopies of your photo ID (either driver's license or passport ID page) for yourself and each dependent applying with you
 Passports: Complete copy of current passports (including blank pages) as well as expired passports containing U.S. visa(s) for you and family members. (Copies should be made on full-size 8½ “ x 11” paper)
 Copy of most current I-94 card: (Copy should be made on full-size 8½ “ x 11” paper)
 Court and Prison Records: (if applicable) A certified copy of each court record or any prison record must be obtained for any criminal conviction(s).
 Marriage Certificates: (if applicable) A copy of an official marriage certificate. (This applies to all previous marriages, either in or outside the U.S., if married more than once.)
 Final Divorce Decree: (if applicable) Proof of termination of prior marriage(s), such as final decree of divorce, annulment, or death certificate. Custody documents must be provided for any minor children who will be applying for permanent residence. (Applies to all previous divorces or annulments, either in or outside the U.S.)
 Birth Certificates: A copy of an extract of a "Registered" birth certificate, for all applicants as well as children not applying with you, is required. The birth certificate must state the date and place of birth and full names of both parents, including the maiden name of the mother. (In some countries this is the form of birth record referred to as "full birth certificate" or "long-form birth certificate"). If you have legally changed your name since birth, other than through marriage, legal evidence of the name change must also be supplied.
 Forms I-797, I-129S: If current or prior H or L, provide copies of all Forms I-797 (approval notices) for you and family members. If entered on blanket L, provide copy of stamped I-129S.
 Employment Authorization: If current or prior F-1, J-1 or J-2, provide copies of all Forms DS2019 (formerly known as IAP-66), Form I-20s and EAD cards.
 8 Passport-style Photographs: Please clearly print your first/last name and your date of birth on the backside of each photograph in pencil. See photo specification sheet attached to our email.
 Legal evidence of name change except by marriage: (if applicable)
 Custody decree for children: (if applicable)

MISSING DOCUMENT (List any documents not submitted below and the reason for not submitting them)

__________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________________________________ __________________________

Thanks for posting this, i have a few questions,
1. What does "If entered on blanket L, provide copy of stamped I-129S" mean, do you mean stamp in passport or copy of I129
2. I have all my I797s but my wife has worked here on her own L1 and H1 never as dependant on my H1. in that case too do we need her I797s too?

And i had posted this before but i m not sure if i got the right answer, do we absolutely need to have spouses name in the passport?

My PD is a little bit far away but as far as medicals go, can i get vaccinations done via PCP so that in the future if i go to civil surgeon, i might save time? Suggestions?

[nijor.deha]

Need help GURUS regarding birth certificate

My husband birth certificate name is different than passport .The name in birth certificate and marriage certificate is same .But passport name is different.
What do we do for this?Can you guys through some light

[harryp]

Guys , I have become current with the december bulletin. My PD Dec 1 2007. I have a question on the BC. I have the original BC without my name issued at the time of birth. I got a new one from the municipality last year with my name and parents name and other details . Do i still need to submit an affidavit along with these. I'm unable to get this information. Please Help !!

[tackle]

Guys , I have become current with the december bulletin. My PD Dec 1 2007. I have a question on the BC. I have the original BC without my name issued at the time of birth. I got a new one from the municipality last year with my name and parents name and other details . Do i still need to submit an affidavit along with these. I'm unable to get this information. Please Help !!

Nope. Don't think so. I assume that in your case, they just updated your existing BC with the updated names. So, it should still have an old Registration date. So, you should be OK.

I've seen mentioned in the forums that if the BC registration date is 1 year later than the actual birth-date, you'll need to submit affidavits. I did not see this requirements listed anywhere in the official guidelines. And one of my friends who became current on Nov 1 got his birth registered only recently and even in his case, the lawyers didn't ask him to submit affidavits. Anyway, you'll not need to worry about this as your BC should still have old registration date.

[harryp]

Thank you for the response. Yes my new birth certificate does have the old registration date.

[makmohan]

Thanks for setting up this thread!

A) My wife's mother's name in spelled differently in my wife's passport and birth-certificate. (passport: *nee* vs birthcertifate: *ni*). Birth was registered late and has - registration no: LATE REGISTRATION and Date of Registration: XX/YY/2009.

Would she need an affidavit from her parents with correct names? If yes, we can use the format that surely is posted in the thread somewhere. I read somewhere that late registration is not accepted. What are the substitute documents for that?

B) Another question regarding my birth certificate:
As per general custom, no name was given to me when i was born and when birth was registered. Hence, my birth certificate has no name. It says that a baby was born to X and Y with important details like sex, dob, parents' names etc.

Later on officials issued another authorized document linking my name and my birth certificate saying that:

The name ******My Name******** of the child is verified by ***these documents***, Birth Date ****, Registration No ***** and registration date *** issued by XYZ Municipal Corporation.

Is it sufficient or will it cause any issues? in case of issues I can get affidavit from my parents.

Any help is appreciate.

- M