Filing I-485 requirement of birth certificate

[Mishka79 0]

Dear Folks,

 

I have just encountered a hurdle in my US AOS journey, the state requires me to submit my birth certificate, which will be rather difficult to produce as I haven't seen one in my entire life. I am wondering if non submission of this document will disqualify me. Isn't a passport copy just enough? If it isn't I imagine I would have to ask my embassy to reissue this document for the visa application purposes. Any other way to prove that they require? Any ideas? Thanks.

[Georgia16 2,858]

20 minutes ago, Mishka79 said:

Dear Folks,

 

I have just encountered a hurdle in my US AOS journey, the state requires me to submit my birth certificate, which will be rather difficult to produce as I haven't seen one in my entire life. I am wondering if non submission of this document will disqualify me. Isn't a passport copy just enough? If it isn't I imagine I would have to ask my embassy to reissue this document for the visa application purposes. Any other way to prove that they require? Any ideas? Thanks.

So have you had it or not?

 

I'm sure you can get it from somewhere in UK.

[Sev15 20]

https://www.gov.uk/order-copy-birth-death-marriage-certificate

 

I'm British and I didn't have my birth certificate before I started my visa process. Order a few of them (Around 5, you'll probably need them over the next few years.)

[Mishka79 0]

2 minutes ago, Georgia16 said:

So have you had it or not?

 

I'm sure you can get it from somewhere in UK.

Thanks for replying. I have just visited the website that gives more information on how to submit secondary evidence if primary such as birth certificate is unavailable:

Driver's licence or National ID will do since both show date of birth and country of birth. My national ID even shows my parents' names. The certificate issuing by the embassy would take forever .

[Mishka79 0]

1 minute ago, Sev15 said:

https://www.gov.uk/order-copy-birth-death-marriage-certificate

 

I'm British and I didn't have my birth certificate before I started my visa process. Order a few of them (Around 5, you'll probably need them over the next few years.)

Thank you for replying.

Did you apply for Adjustment of Status on your entry stamp, ESTA? or did you follow an alternative route, if I may ask cos I am studying documents that are required and the guidance notes are doing my head in. point 10 on the guidance form ask for evidence of eligibility and I don't seem to fall into any of it since I am a spouse of an American citizen. God help me with these idiosyncratic American forms!

[Sev15 20]

We applied for a K1 visa when I was still living in Sweden, I did my adjustment after I moved to the USA and got married, so I didn't come on ESTA.

 

Also it really doesn't take that long to get the birth certificates, like I said I had never seen mine. My parents lost it when I was a child and I ordered my copies and had them in about a week.

[Mishka79 0]

1 hour ago, Dee elle said:

"Did you apply for Adjustment of Status on your entry stamp, ESTA? or did you follow an alternative route, if I may ask cos I am studying documents that are required and the guidance notes are doing my head in. point 10 on the guidance form ask for evidence of eligibility and I don't seem to fall into any of it since I am a spouse of an American citizen. God help me with these idiosyncratic American forms! "

 

Your eligibility to file an I485 is 1 A - a visa is immediately available to you.

 

11. speaks  about ineligibility to use I 485, It says you cant apply to adjust if you entered on an ESTA UNLESS you are applying as an immediate relative (ie SPOUSE)   So you are NOT ineligible, you are eligible.

Thanks for the reply. Referring to 11 it speaks about Cuban nationality not elligebitlity based on ESTA entry as a spouse of American citizen. My question is, which of the points, which clearly doesn't apply to me in the ellibility criteria is the point I should refer to? These points state additional documents which need to be attached and sent with the form.

Do I class as 14? Other? what would be other documents proving I am eligible? My esta printout? a stamp in the passport alongside our marriage certificate which I am already submitting in line with the documents requested in previous points?

 

Logically it would be all of the above. Thank you for clarification.

Best regards,

 

[Wuozopo 4,293]

3 hours ago, Mishka79 said:

 If it isn't I imagine I would have to ask my embassy to reissue this document for the visa application purposes. Any other way to prove that they require? Any ideas? Thanks.

Just a mention to help you--if you are applying to adjust status from VWP then you are not getting a VISA or doing anything with the embassy in London. 

 

Order your birth certificate! No substitute allowed unless you get official documentation from your government that it does not exist (for example all records were destroyed in a fire and there is no record of your birth anywhere.)  Do not follow what the embassy says is acceptable for a visa application as a substitute.  You are applying to USCIS, not the Department of State (Embassy).

 

Be very careful to get every document and code precisely correct. If you mess up the paperwork and get denied over it, you have to leave. You are a VWP entrant and signed away rights to waiver, etc. That is a drawback of adjusting from VWP.  

Edited March 25, 2017 by Wuozopo

[MattyUK 22]

3 hours ago, Mishka79 said:

Dear Folks,

 

I have just encountered a hurdle in my US AOS journey, the state requires me to submit my birth certificate, which will be rather difficult to produce as I haven't seen one in my entire life. I am wondering if non submission of this document will disqualify me. Isn't a passport copy just enough? If it isn't I imagine I would have to ask my embassy to reissue this document for the visa application purposes. Any other way to prove that they require? Any ideas? Thanks.

I'm curious how you have gone your whole life without having your birth certificate?  Have you never needed it for any other purpose?  Where are you by the way?  You can go to your local registry office where birth, deaths, marriages records are held and request a certified copy. I have done it and I think it costs about 12 quid. Good luck.

[Mishka79 0]

1 hour ago, MattyUK said:

I'm curious how you have gone your whole life without having your birth certificate?  Have you never needed it for any other purpose?  Where are you by the way?  You can go to your local registry office where birth, deaths, marriages records are held and request a certified copy. I have done it and I think it costs about 12 quid. Good luck.

No I have never needed it. Once I passed my 18 birthday mark a so cold national id followed me which clearly states the place of birth and my parents' names. I have this ID on me and the id is in two languages Polish and English. Would this satisfy the Immigration Authorities? It is virtually the same information on a piece of plastic. A better one as it is in both language so I wouldn't have to translate it! should I pose this question to those folks directly, call them on Monday?

[MattyUK 22]

57 minutes ago, Mishka79 said:

No I have never needed it. Once I passed my 18 birthday mark a so cold national id followed me which clearly states the place of birth and my parents' names. I have this ID on me and the id is in two languages Polish and English. Would this satisfy the Immigration Authorities? It is virtually the same information on a piece of plastic. A better one as it is in both language so I wouldn't have to translate it! should I pose this question to those folks directly, call them on Monday?

You best believe that if they request a birth certificate, that's exactly what they want. Not what you think constitutes the same thing.  I would give them a call or better still, get a birth certificate ordered.  It's not difficult. 

Edited March 26, 2017 by MattyUK

[p-ana 933]

Not only they want a birth certificate, but they need the correct type one. It's usually the "long form" registered, with seals and stamps.

there were a few people from my aos thread last year that got rfe because they sent some sort of book registry, not the real birth certificate.

I understand you came in with an esta and are not prepared right now, so maybe it's best to go home and prepare and file for a cr1. If not, what's the problem in taking longer to get the right documents and do the right procedure? 

[broppy 204]

1 hour ago, p-ana said:

Not only they want a birth certificate, but they need the correct type one. It's usually the "long form" registered, with seals and stamps.

It's not the seals and stamps they care about. A "long form" is needed because it includes details about the parents. Many places (esp. In europe) only issue some form of extract from their birth registry. As long as it's a "long" extract with parental details, should be good. Details of what exactly is expected can be found at US Dept of State page on reciprocity. For Poland, see https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/PL.html. (edit: despite the flag, OP has indicated he's Polish, not from the UK).

Edited March 26, 2017 by broppy

[kzielu 1,149]

You have to prove that you are unable to get your birth certificate to be able to use other documents instead. Since this is not the case here, I would forget about this route.

[Mishka79 0]

15 hours ago, p-ana said:

Not only they want a birth certificate, but they need the correct type one. It's usually the "long form" registered, with seals and stamps.

there were a few people from my aos thread last year that got rfe because they sent some sort of book registry, not the real birth certificate.

I understand you came in with an esta and are not prepared right now, so maybe it's best to go home and prepare and file for a cr1. If not, what's the problem in taking longer to get the right documents and do the right procedure? 

True, I will contact my consulate tomorrow to request it. Hope they can send it expedited!