Planning to apply for Greencard

[Bijoy Prakash 0]

Hello all,

 

I recently moved to Texas with my wife who is a US Citizen. I am here on H1B and working currently whereas she is looking for a job and has got some offers in hand. Its 2 months now and we decided that I will apply for green card to avoid any uncertainties which come with the H1B visa. I was looking for attorneys who could help me with the application, but after reading some posts here in the forum I felt that I should try to give it a try myself. I had downloaded the requisite forms but they were quite confusing. I will try out the guides available here and try them again. But before that I wanted clarity on some issues:

 

1. I have a certificate from my hospital regarding my birth. But it does not have my name and it is next to impossible to get a certificate from the municipal body there. Adding to this we don't have any friends or relatives in that city now. What options do I have to get secondary evidence to support my birth?

 

2. Do we really need a birth certificate now? The USCIS site does not specify the birth certificate in the i130 or i145 webpage. Neither does it say anything about sending birth certificate in this page. Have the rules changed by any chance? The guide here in the webpage still asks to add the birth certificate in the package.

https://www.uscis.gov/family/family-us-citizens/spouse/bringing-spouses-live-united-states-permanent-residents

 

Any help is appreciated.

 

Thanks a lot!

Bijoy

 

[Cbr22 11]

Hi,

 

I filed for my husband recently, although i did hire an attorney he asked me for his birth certificate, our marriage certificate, pictures, emails or conversations we have as proof of relationship. I'm thinking you do need your birth certificate (note: must be certified translated if in different language). As per to get your birth certificate with your name, i know certain countries at their consulate can provide you with your birth certificate. Its a long shot to try and ask at your country consulate. The next option would be to push through and try to get that certificate from the hospital you were born in, they can just email or fax you a copy of it. All documents i submitted were copies, so maybe that can be just a tad bit easier.

[millefleur 5,039]

**Moved from Bringing Family Members of US Citizens to America to Adjustment of Status from Work, Student, & Tourist Visas; OP is adjusting status from an H-1B work visa**

[azblk 338]

you need a birth certificate, if one is unavailable http://www.***removed***/birth-certificate/non-availability-birth-certificate.html

[3rd 84]

You definitely need a birth certificate. They need to prove what country you were initially born in and a passport or any other form of ID doesn't prove this. You should be able to get one from the country in which you were born, it's a legal document which I recommend having a few copies of.

[Bijoy Prakash 0]

58 minutes ago, millefleur said:

**Moved from Bringing Family Members of US Citizens to America to Adjustment of Status from Work, Student, & Tourist Visas; OP is adjusting status from an H-1B work visa**

My wife would be applying for green card for me as she is a US citizen. I thought I had chosen the right forum. Certainly not AOS from H1B.

[Bijoy Prakash 0]

1 hour ago, Cbr22 said:

Hi,

 

I filed for my husband recently, although i did hire an attorney he asked me for his birth certificate, our marriage certificate, pictures, emails or conversations we have as proof of relationship. I'm thinking you do need your birth certificate (note: must be certified translated if in different language). As per to get your birth certificate with your name, i know certain countries at their consulate can provide you with your birth certificate. Its a long shot to try and ask at your country consulate. The next option would be to push through and try to get that certificate from the hospital you were born in, they can just email or fax you a copy of it. All documents i submitted were copies, so maybe that can be just a tad bit easier.

Thanks cbr. Even I was wondering whether I should consult an attorney because of my birth certificate complication. I have a BC from the hospital but it doesn't have my name. And getting a birth certificate from there or the government body is very very difficult. So I wanted to check my options. Would you be able to share the attorney details if it turned out well for you?

 

Thanks!

Bijoy

[Bijoy Prakash 0]

29 minutes ago, 3rd said:

You definitely need a birth certificate. They need to prove what country you were initially born in and a passport or any other form of ID doesn't prove this. You should be able to get one from the country in which you were born, it's a legal document which I recommend having a few copies of.

Thanks. But as I mentioned its very very difficult for me to get the birth certificate because it was not registered. So I have to look for options. Maybe I should consult an attorney and get their views on alternate options which I can have for getting around this problem.

[millefleur 5,039]

5 minutes ago, Bijoy Prakash said:

My wife would be applying for green card for me as she is a US citizen. I thought I had chosen the right forum. Certainly not AOS from H1B.

Getting a green card while already in the US -> adjustment of status. You are adjusting status and you're currently on an H1B, you said that in your opening post.

 

The Bringing Family Members of US Citizens to America forum is for people bringing relatives to the US who aren't there yet. You are already in the US....or did I miss something?

Edited June 1, 2017 by millefleur

[Bijoy Prakash 0]

1 minute ago, millefleur said:

Getting a green card while already in the US -> adjustment of status. You are adjusting status and you're currently on an H1B, you said that in your opening post.

 

The Bringing Family Members of US Citizens to America forum is for people bringing relatives to the US who aren't there yet. You are already in the US....or did I miss something?

Understood. Thanks. I am currently in US on a H1B.

Just wanted to mention that I am applying for "green card through family" option and not adjustment of status from work.

[millefleur 5,039]

Just now, Bijoy Prakash said:

Understood. Thanks. I am currently in US on a H1B.

Just wanted to mention that I am applying for "green card through family" option and not adjustment of status from work.

Yes, I understood that. The Family-Based forum is for family-based visas such as K-1's and K-3's. Almost everyone in the AOS from Work, Student, & Tourist Visas forum is doing so because they have a USC spouse now. The forums are divided up by what visa you're adjusting from, not why you're adjusting.

 

[3rd 84]

47 minutes ago, Bijoy Prakash said:

Thanks. But as I mentioned its very very difficult for me to get the birth certificate because it was not registered. So I have to look for options. Maybe I should consult an attorney and get their views on alternate options which I can have for getting around this problem.

 

You will most certainly need to consult with an attorney if you can't obtain your birth certificate with your name on it. This is something that you'll be asked for time and time again with USCIS and in other walks of life too. You'll need to obtain it if you want to eventually get a US passport for instance, if you become a citizen. 

[Cbr22 11]

1 hour ago, Bijoy Prakash said:

Thanks cbr. Even I was wondering whether I should consult an attorney because of my birth certificate complication. I have a BC from the hospital but it doesn't have my name. And getting a birth certificate from there or the government body is very very difficult. So I wanted to check my options. Would you be able to share the attorney details if it turned out well for you?

 

Thanks!

Bijoy

Hi Bijoy,

 

Sure i can!, i forgot to mention that my husband is in a different country. Although i don't think the process is all that different with you being in the United States, I actually think it might go faster. My suggestion is to consult with an attorney on how you can go about getting your BC (get a free consultation btw) but first look at the forums here, which are very helpful until you find the answer. You have absolutely no one in your home country that can take some time and go get that for you, they don't even have to go to the hospital or city you were born in, I think going to any civil registry location can provide a birth certificate.