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Hi guys, My BC has incorrect information, very thing in it is basically wrong including place, mother's name and dob. My secondary BC from the embassy(consulate) has correct info which is based of off my passport and I also have school records that has the correct info. When filing my AOS application do I send the secondary BC or the original or both?

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Hi guys, My BC has incorrect information, very thing in it is basically wrong including place, mother's name and dob. My secondary BC from the embassy(consulate) has correct info which is based of off my passport and I also have school records that has the correct info. When filing my AOS application do I send the secondary BC or the original or both?

Original BC + Letter Explaining that there are typos on the certificate + Secondary BC + Two affidavits from your parents + School Records OR Hospital BC

OR

Nonavailabilty Certificate + Secondary BC + Two affidavits from your parentss + School Records OR Hospital BC

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thanks guys for the fast reply. So just the secondary BC would suffice? I'm confused as I got 2 different replies.

I have read many times that USCIS does not consider the consulate BC as "primary evidence" of your birth because it is based of your passport. Technically if you have a passport, secondary BC is already redundant. Therefore, in such cases, USCIS seeks an additional evidence of your birth. The additional evidence can be your school records, affidavits from parents or anyone who has the knowledge of your birth, hospital BC etc

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thanks rrobin. My parents are in India and by the time they mail the affidavits it will be awhile. Does USCIS accept copies or scanned/emailed copies of affidavits/nonavailability certs. Also, is there any particular standard USCIS has for affidavits from other countries?

Scanned copies of the documents would work without any problem, but don't forget to bring the originals at the time of the interview. I am not sure if there is any particular standard but make sure all the affidavits comply with the instructions for I-130 form. Here is the pertinent section of I-130 instructions:

"D. Affidavits: Written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event you are trying to prove. For example, the date and place of birth, marriage or death. The person making the affidavit does not have to be a U.S. citizen. Each affidavit should contain the following information regarding the person making the affidavit: his or her full name, address, date and place of birth, and his or her relationship to you, if any, full information concerning the event, and complete details explaining how the person acquired knowledge of the event."

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