Copy or certified copy

[100 0]

Hello all,

Is the certified copy of the Petitioner's Birth Certificate is absolute must or just the photocopy and original are sufficient at the interview?

Reason I ask this question is when viewing the website of US Consulate/Ho Chi Minh about required documents before interview, the English version has it as "copy and original" but the Vietnamese version has it as "bản chính và bản sao"

I am the petitioner and I only as the original. I am not in Vietnam at the moment and cannot be in Vietnam before my wife's interview, therefore, I don't know if it is possible get the certified copy without physically present in Vietnam.

Anyone has any suggestions? Greatly appreciated.

Vu

[tomvan 2]

I think you just have to get them translated by the "So Tu Phap" in Vn. Bring one Original, one Copy, and the translated one to the interview. It should be ok.

[Villanelle 4,121]

I dont know what "bản chính và bản sao" means as I dont speak the language. All I can tell you is what cartified copies means and copies/originals.

When they say something has to be 'certified' they mean the document, in this case the BC, has to have been recorded by the clerk/gov it came from. So you were born, someone made a record of it in a big book of records. They keep that big book of records in a gov building somewhere. Theres only one big book of records. Theyre not going to give you the book, theyre not going to tear the page out of the book. Theyre going to make you a 'certified copy' of whats in the book. Its going to say- this is whats written in the official book. I, so and so the official clerk am certifying this is exactly whats written in the official book as I am not giving you the book. They put a stamp on it. Thats your certified copy.

So you have your certified original BC. You are allowed to submit a copy of that document with your applications, but you must present the original upon request, so bring the original to the interview because if they ask to see it, you have to present it.

If your certified original BC is in a foreign language, make sure the person who translates it translates the entire thing, this includes the part that says "I so and so am certifying that this is exactly what was written in the official book etc etc" as that is the important part that makes the document certified.

[ScottThuy 140]

did you submit a certified copy with the initial filing already?

[100 0]

@tomvan, I think I'll do that. My wife is holding the original BC. I'll ask her to get it translates to English and bring all 3 to the interview.

@scottthuy, I did not submitted my BC for the initial filing. Anyhow, the case is done at NVC, now I found out I needed the copy or certified copy, depending on the language version written on the same website......

[Villanelle 4,121]

You need both. Bring 2 just to be safe. They need a photocopy for their files and they need to see the original to compare the photocopy to.

So youre going to have the one original foreign language certified BC. (that you keep when you walk out) along with a certified translation. (you keep that as well)

And 2 photocopies of the original foreign language certified BC with a translation attached. (they will take one set of the photocopies from you and keep it for their records)

Have the extra set of copies just in case.

(You should keep the translations paperclipped to the BC. The best way to look at it is- youre in the US now, a BC in a foreign language is useless w/o a translation attached- no one is going to understand it, so the two documents are now one. Always keep them together.)

[100 0]

You need both. Bring 2 just to be safe. They need a photocopy for their files and they need to see the original to compare the photocopy to.

So youre going to have the one original foreign language certified BC. (that you keep when you walk out) along with a certified translation. (you keep that as well)

And 2 photocopies of the original foreign language certified BC with a translation attached. (they will take one set of the photocopies from you and keep it for their records)

Have the extra set of copies just in case.

(You should keep the translations paperclipped to the BC. The best way to look at it is- youre in the US now, a BC in a foreign language is useless w/o a translation attached- no one is going to understand it, so the two documents are now one. Always keep them together.)

Let's me understand you correctly. I will need to bring both the photocopies and the certified copy along with the original? Along with the English translation. Correct?

If it is, then my issue is how can I get the certified copy without physically be in Vietnam?

[Villanelle 4,121]

Why are you separating the words certified and original? ("I will need to bring both the photocopies and the certified copy along with the original?")

You should have a birth certificate that is a certified original copy. (it means like I described above. Its not a photocopy. Its the original document with a raised seal or original stamp placed on it by a clerk.) Thats a certified original copy of the record your birth. You attach a translation to it because its not in English.

So you have a certified original BC with a translation. Thats yours to keep forever and ever.

And youll have a photocopy of the above to give to them for their records. (I suggest bringing an extra set of copies just in case)

[Villanelle 4,121]

If it is, then my issue is how can I get the certified copy without physically be in Vietnam?

Your wife is in Vietnam isnt she? Doesnt she have the BC? You were talking previously about her getting it translated werent you?

This is the general info from the DOS about what your BC should look like:

Birth Certificates

Vietnamese law does not distinguish between children born out of wedlock and legitimate children. If the father recognizes the child either parent may file the birth certificate, which must be registered within 30 days at the People's Committee of the village, ward or district capital where at least one parent is resident. Late registration is permitted with reason. A court must resolve claims or denials of paternity after a certificate has been issued. Legally, two U.S. citizens not resident in Vietnam may register the births of their children born there, but in practice local authorities have denied requests unless one parent is legally resident. Birth certificates after 1989 are white with green background designs and with the national emblem in red. Before 1989, each locality had its own format. Originals have one line listing registration date. Extracts list both registration and extract dates. Usually, however, no distinction is made between an extract and an official copy.

This is how you would obtain one if you do not have one:

Extracts of Birth, Marriage, and Death Certificates

Residents: Requests for extracts of previously issued certificates are made at the registrar's office where they were issued, and should include the document registration number, date and place of registration. Without this information, fees may be higher and it is less likely the document will be found.

Non-Residents: Only relatives resident in Vietnam may request extracts of documents for their overseas relatives. Documents cannot be requested through a Vietnamese diplomatic mission, nor can a request be sent to a local office from overseas.

AND:

Vietnam has no central recorded system. Many records have been lost through war and inconsistent record keeping, but larger cities may have old documents on file, and records from the north are generally available. Registrars will sometimes certify that certain documents were lost or destroyed. Records for Ho Chi Minh City (Saigon)-Cholon since 1953 are kept at the Central Registrar's office of the Ministry of the Interior (Phong Ho Tich So Tu Phap) in Ho Chi Minh City (HCMC). Some pre-1954 records from Haiphong, former North Vietnam are now at the Central Court of Records in HCMC and are available for extracting. Fraudulent civil documents are common in Vietnam and it has been relatively easy to establish false identities both before and after 1975.

[dreamwarrior 0]

The purpose of the birth certificate is to prove your citizenship and secondary, prove you are who you say you are. They want this in addition to a copy of your passport. Since you're the petitioner with a foreign birth certificate, it's preferable to send your "original" certificate of naturalization in its place. All they need is the original and a photocopy.

[100 0]

Dreamwarrior, now that you have mentioned the certificate of naturalization. It was in fact the document that I sent to USCIS when first filing the petition. And since you have mentioned that the original certificate of naturalization is more preferred, I will ask my wife to bring that instead along with the photocopy.

Thanks.

Edited February 5, 2013 by 100