K S
Aug 14, 2024
Anyone from India who did not have birth certificate and submitted other documents instead, kindly share your experience
Hi all Indian brother and sisters here. My wife doesn’t have her birth certificate. currently we re on O Visas and previously she had used her school certificate as proof of date of birth. But I am not sure about I-485. We re preparing our forms and documents for adjustment of status but not sure if the same school certificate will work this time. Has anyone used other documents in place of birth certificate? Any suggestions and guidance will be much appreciated.
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Atharv AAug 14, 2024
@K S you will get RFE for the document you have provided. so you have 2 options 1. get non available birth certificate from your mandala and 2 affidavits one from parent and other from near relative who knows her birth place. 2. get late birth certificate (if you submit nonavailability certificate they give you) with 2 affidavits. but first option is easy
kay rAug 14, 2024
yes I submitted a birth certificate but it didn’t have my name on it (just a -). my lawyers suggested that I submit supplementary evidence in the form of school leaving certificate, college leaving certificate, nationality certificate. If possible you can also have an affidavit confirming date of Birth and have a parent sign it.
R AAug 14, 2024
I received a rfe since my birth certificate didn’t have my name. I did send affidavit also.I got a new birth crrtificate from my state of birth and responded back with it.
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Pritesh JainAug 14, 2024
@K S so I received a RFE for birth certificate. I submitted the leaving certificate, Bonafide certificate, affidavit from parents An Indian consulates in US provide birth certificate based on passport.
K SAug 15, 2024
Thanks for all the suggestions and helpful info. If we get her birth certificate from the embassy and attach that with the application would we still need the affidavits?
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Atharv AAug 15, 2024
@K S I heard USCIS won't consider the birth certificate provided by embassy. so non available certificate is very easy to get so try that. my case I sent email to embassy to check it's validity in USCIS. They clearly mentioned may not consider.
K SAug 15, 2024
Indian embassy website says that non availability certificate can only be issued to people born before 1969
K SAug 15, 2024
can we get it from India?
K SAug 15, 2024
@Atharv A do we have to get the non availability certificate from the same city as on the passport? If that’s the case then is there any online service? Her birth place is in Uttar Pradesh but no one lives there. They ve been in Chandigarh all life.
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Atharv AAug 15, 2024
@K S try to match as per passport. you need to refer your state govt portal for online service.
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B BAug 19, 2024
@K S I submitted the document provided by consulate in NYC and it was accepted as I got my EB1A on that basis. just go to a consulate with your Indian passport and they will provide you the document and it works!
K SAug 20, 2024
@B B Thanks for sharing this. Gives me hope. 🙏
D JSep 8, 2024
hi @K S just wondering if you were able to get the certificate from Indian embassy?
K SSep 9, 2024
@D J we ve sent the application. wait for it.
K SSep 26, 2024
@D J we got it but they got the date wrong. I ve emailed them. And by the looks of it, doesn’t look like USCIS will accept it. All it says is that based on the passport of this person, their date of birth and place of birth are so and so.
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jef GCOct 27, 2024
Hi @K S just wondering did you submit the birth certificate?? can you update?? my husband doesn’t have birth certificate?? did you get one from embassy??
K SOct 28, 2024
I did get it from them, but with an error in the date of birth they mentioned there. I emailed them to correct their typo but they haven’t responded. it’s been over a month. And honestly I am not even sure it will work. all it says is this: certified that according to the entries made in the passport this person was born on X date at Y place.
K SMar 26, 2025
@jef GC I am waiting for PD to be current. Consulate sent me birth certificate with wing details. need to get it corrected.

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