I have the necessary credentials to sponsor my parents to the US as permanent residents, and would like to undertake the process myself without using lawyers/attorneys.
However, a problem has risen in that my parents have lost their original birth certificates and marriage certificate when floods hit their home. I have been informed that affidavits can be used instead and was wondering if any member had faced the same issue and could assist with sharing samples of documents/affidavits used. Or by directing me to any forums where such templates/samples may be available. Any additional advice would be also gratefully accepted.
Regards and appreciate the assistance.
Tags: None curiousoneI have the necessary credentials to sponsor my parents to the US as permanent residents, and would like to undertake the process myself without using lawyers/attorneys.
However, a problem has risen in that my parents have lost their original birth certificates and marriage certificate when floods hit their home. I have been informed that affidavits can be used instead and was wondering if any member had faced the same issue and could assist with sharing samples of documents/affidavits used. Or by directing me to any forums where such templates/samples may be available. Any additional advice would be also gratefully accepted.
Regards and appreciate the assistance.
I believe that affidavits are only used when there is no birth certificate available.meaning the birth wasnt registered or the body or agency which documents births/deaths no longe exists or have lost the record. If your parents have lost the BC or they are damaged, they would simply have to request a replacement from the local or national place that registers/issues them
Thanks. I should have mentioned that the original records are also no longer available hence the affidavits direction.
This is an excerpt from another site;
I hope it solves your problem.
In cases where the birth certificate record is unavailable from the authorities, then a sworn affidavit by either of the parents is required. In case they are no longer alive, then any close relative (like uncle, or a close family friend) older than the applicant may provide such affidavit.
This affidavit must be accompanied with a certificate of Non availability or No record of the birth certificate from the concern distt. office/government authority.
If the affidavit is provided by the relative, it must state the relationship with the applicant, how well the person/deponent knows the applicant, date and place of the applicant's birth, names of both the parents, and any other related facts.
Requirements in brief:
Non Availability Certificate from the Municipality/Government authority of the place where the applicant was born. It should state/confirm that the birth record/certificate does not or no longer exists.
Affidavit.
Note: This affidavit does not have a unique format identified by INS, hence different attorneys may have different layouts.
A sample affidavit (by Applicant's mother)
AFFIDAVIT
I, (mother's) last name (maiden name) first name, wife of (spouse) last name first name, being duly sworn, do depose and make the following statements:
1. I was born in place of birth, State, Country on Date Of Birth.
2. I am married to (spouse) last name first name on date (of their marriage).
3. I am the mother of (your) last name first name and (your father's) last name first name is his/her father.
4. (Your) last name first name was born on date (of birth in MM/DD/YYYY) at time (of birth am/pm) in City, State, Country.
Originally posted by ditsarahulThanks. I should have mentioned that the original records are also no longer available hence the affidavits direction.
Last edited by peace; 08-11-2006, 10:15 AM .Immi. for mother
My mother will be here on the Tourist Visa next month. Her 10 yr visa is expiring in a yr, and I want to apply for her GC. Can someone give me the following info please. I am confused, as I talked to a lawyer and he seems to be charging over $2000. Does it even make sense to hire one or can I do it myself?
1) What forms are needed I 130, I 485? Oh I will be applying once she is here.
2) She doesNOT have a Birth cert. What are the alternatives?
3) Is there a ck list of all the documents somewhere? The lawyers want to charge me $1000 bucks just to provide the ck list.
3) Once she is here, do I apply immediately, or wait some days?
4) how long does it take to get a GC?
I am a US cit. Thank you so much for your help in advance.
IF she does not have a birth certificate, she should try to obtain a copy
from the municipal office in the area of her birth. If it is not available,
then she should get a certificate of non-availabilty from the municipal office .Please read this;
What if Birth certificate is not available?
In cases where the birth certificate record is unavailable from the authorities, then a sworn affidavit by either of the parents is required. In case they are no longer alive, then any close relative (like uncle, or a close family friend) older than the applicant may provide such affidavit.
This affidavit must be accompanied with a certificate of Non availability or No record of the birth certificate from the concern distt. office/government authority.
If the affidavit is provided by the relative, it must state the relationship with the applicant, how well the person/deponent knows the applicant, date and place of the applicant's birth, names of both the parents, and any other related facts.
Requirements in brief:
Non Availability Certificate from the Municipality/Government authority of the place where the applicant was born. It should state/confirm that the birth record/certificate does not or no longer exists.
Affidavit.
.A sample affidavit (by Applicant's mother)
AFFIDAVIT
I, (mother's) last name (maiden name) first name, wife of (spouse) last name first name, being duly sworn, do depose and make the following statements:
1. I was born in place of birth, State, Country on Date Of Birth.
2. I am married to (spouse) last name first name on date (of their marriage).
3. I am the mother of (your) last name first name and (your father's) last name first name is his/her father.
4. (Your) last name first name was born on date (of birth in MM/DD/YYYY) at time (of birth am/pm) in City, State, Country.
About filing, you should know that there is a conflict
of intent between a tourist visa (requires non-immigrant intent) and an immigrant visa. Immigration service usually prefers that people
stay in the home country and collect their immigrant visa at the embassy.
rather than come to US as a visitor and then change status to immigrant.
In India, it takes about a year to get parent's immigrant visa.
Many people still take the latter course, though it makes only a difference of
a few months.
My mother will be here on the Tourist Visa next month. Her 10 yr visa is expiring in a yr, and I want to apply for her GC. Can someone give me the following info please. I am confused, as I talked to a lawyer and he seems to be charging over $2000. Does it even make sense to hire one or can I do it myself?
1) What forms are needed I 130, I 485? Oh I will be applying once she is here.
2) She doesNOT have a Birth cert. What are the alternatives?
3) Is there a ck list of all the documents somewhere? The lawyers want to charge me $1000 bucks just to provide the ck list.
3) Once she is here, do I apply immediately, or wait some days?
4) how long does it take to get a GC?
I am a US cit. Thank you so much for your help in advance.