No Birth certificate...HELP

[Borali 0]

Hello i'm new to the forum and I hope someone here can help me.

My wife and I recently filed for her AOS and received the receipts and biometrics appointment already. However, we've also got a request for her birth certificate which we couldn't provide.

My wife is from South Korea and has been living here for almost 10 years and lived in Japan for another 2 prior. She came here on vacation without any of her paper work except a passport and visa. She has no family back home and no contact info to anyone she might know there.

Our lawyer said it wasn't completely necessary when we sent out all the paperwork but now since its required we have no idea what to do.

Does anyone here know how to obtain a birth certificate or an alternative solution? Is there a website we can go to?

Much thanks in advance

b

[WhidbeyGirl 1]

My husband went to courts in Nigeria and signed an affidavit. Not sure if that's an option for you. I believe you need a legal document stating your birth and then also some affidavits of family members (mother & father preferably).

[Otto 83]

From 8 CFR 103.2 - Applications, petitions, and other documents:

(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

Since your attorney first said it wasn't completely necessary, what does he/she say now?

[WhidbeyGirl 1]

http://www.uscis.gov/files/form/I-130instr.pdf

Page 3 gives options.

[Borali 0]

Thanks everyone for your help.... i read the instructions and unfortunately those options don't work for us.

We have no contacts or contact info. My wifes father passed away when she was little and her family friend was taking care of her. When she came to the states she didn't plan on staying and didn't bring an address book or anything like that.

Our attorney is looking into it.

at this time i'd would just like to know what could be my options and if and how this will effect the rest of the procedures.

[Otto 83]

at this time i'd would just like to know what could be my options and if and how this will effect the rest of the procedures.

Just out of curiosity - what visa is she adjusting from? and What did she use in place of the BC previously?

[ACINLOVE 2]

Hi Borali,

try this link

https://wiki.familysearch.org/en/South_Kore...n-Vital_Records

or contact the Korean Embassy in the US they should answer your question.

Good luck

[trillium13 84]

Does she not have a birth certificate at all? Or just not one with her? I know nothing about South Korea, but here in the states, they keep records like that in the county where you were born. You can request a copy of your birth certificate if you need one directly from the county.

[ACINLOVE 2]

http://www.koreanconsulate.org/inc.php?inc=90100&ln=en

Korean Consulate