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middle-aged-person
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Posted on 10-20-22 10:26
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As most of us, my parents did not have their official birth certificate document. I obtained a validation type document from Ward Office (of Municipality). I am in the process of filing their GC. They don't have any other secondary suggested documents like Land Deeds, SLC Certificates etc. The only other option I see is an Signed Affidavit from their even older relatives. But my parents are getting old and do not know how to get such document Notarized & Stamped. Anyone here knows, how I can reach out (from here in the US) to a Notary Public to get an Affidavit of Birth signed by my parents relatives? BTW, this request is for outside Kathmandu Valley.
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middle-aged-person
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Posted on 10-20-22 10:29
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To add to my original quandary - what are the documents some of you experienced folks have submitted in absence of a dated birth certificate. For my parents, I only had 1 letter from Ward Office validating birth date, a translated copy of Citizenship Certificate and a translated copy of Voters ID.
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damar
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Posted on 10-21-22 9:28
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you can ask the ward office to make the birth certificate now. Embassy will accept that if you explain them the scenario.
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Rockb
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Posted on 10-21-22 11:06
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Well I’m going through right now. We need a certificate of birth details and May be a a letter from ward office ‘ how registration of birth was not legally enforced 50-60 years ago’ since out government heavily used citizenship for that purpose! This is what I thinking of doing. They threw me RFE every time I work them and it’s been going on every stage of my immigration process. Let me know if anyone done things differently
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chicagoan
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Posted on 10-21-22 12:08
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I had the ward office create the birth certificates in English. Are you guys filing I-130 and I485 concurrently? What happens if I485 is filed only after approval of I-130?
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Bennedict
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Posted on 10-21-22 2:22
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Well, I thought affidavits should have sufficed in absence of birth certificates, isn't it? I have had cases in my relatives' circle, they made affidavits with two people signatures saying they know this person in question and all the details etc. For the format of such documents, you can check old links in Sajha. One I found here is the below one.
If you can take help of a lawyer or somebody who can notarize the documents for your parents, well it can help. I do not know about out of Kathmandu valley. I used to go to Law Books in Babarmahal back then for notarizing. Now I heard the Civil Disitrict Court does it. I may be wrong.
@Chicagoan As far as I know, concurrent filing is done when there is an immediate availability of visa numbers like in cases of American spouse filing for partner or American citizen filing for under 21 aged kids. For other cases as there is a long wait and they do not file them together. I do not know what is your status, but if you have not filed them concurrently (even if you may have been eligible to) then that means you will be waiting after you get notification about I-130. Means you will be waiting longer than in case when you file together. I do not think there is anything wrong with that, but you could have saved time by concurrent filing if you had a chance to. Please correct me guys if you think otherwise.
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Bennedict
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Posted on 10-21-22 2:45
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@Damar,The birth certificate from Ward office that you are talking about, embassy "may" accept it but not USCIS. Since the person who started this thread said he is filing GC for his parents, that means he has to send documents that USCIS approves of. If you look old Sajha threads, there are so many people asking again and again the same question regarding the birth certificate. If you ever happen to do the in-depth study of USCIS website, they have a whole section about birth certifications from different countries they accept as a documented proof. USCIS knows it very well that Nepal started this registration process in late 70s. But people as you know, never cared much about registering the birth or death of their family members then and even now! And now USCIS is giving problems to us, because they want the same certificates as described in their website. Maybe they copied the deskription from Nepali news source, but they very well know the format of Nepali birth certificate and what it looks like. And this is not a birth certificate issued from Ward Office, but from Panjikadhikari of City, registered within a year of birth or something. You can register your birth after 20 years too, but USCIS "can" have a problem, as this is not it how it should be done "technically". But yes, they give relief to older people who are born before 70s, for newer generations, they may face issues to prove why they do not have registered birth certificates, but I have seen affidavits working for them too. If anybody thinks this may be wrong, please let me know. B.
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Bennedict
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Posted on 10-21-22 3:05
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Just posting this sample birth certificate from Rupendehi. Could not find from Kathmandu. But the format is same everywhere. See the name: Sthaniya Panjikadhikari Karyalaya..That is what they (USCIS) looks for in English, not Ward Office birth certificate letter/ stamp/ logo or anything else. I don't think this rule regarding birth certificates has changed yet. That Anusuchi 12 etc is also important number I believe that explains when the registration of births and deaths started in Nepal. Yes, if you have problems to procure this kind of document, then affidavits work too and I have seen it.
Last edited: 21-Oct-22 03:11 PM
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Bhai Raja
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Posted on 10-21-22 10:51
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USCIS approved birth certificate from Kathmandu Metropolitan City office for both my mum and dad.
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chicagoan
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Posted on 10-22-22 10:21
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Benedict, parents have immediate visa numbers available, don’t they?
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Rockb
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Posted on 10-22-22 3:49
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I copied this from USCIS @ Chicagoan yes IR- no visa quota FYI A person born before 1973 can present his/her citizenship card in order to obtain a birth certificate from the ward office or municipality, sub-metropolitan city office, or metropolitan city office of each district. They will only receive a “recommendation of birth”.
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chicagoan
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Posted on 10-22-22 5:38
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Thank you. I read through the 18 pages and the application is fairly straightforward. The regular name address, declaring I am not a bad guy to a ton of questions. Unlike I-130 nothing to attach as proof etc. Is my understanding correct? Also can I be the petitioner (immediate child) and the interpreter on the form at the same time?
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Bennedict
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Posted on 10-22-22 11:05
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@Rockb and Bhai RajaMost of the stuff I am telling you guys are from what I went through and I saw in my family and my relative circle. Yes, USCIS is lenient on older generation people born before 70s, as I have said. But for people born after 70s, they know how to get back to you with all RFEs. Tell me about it. USCIS knows everything about our birth certificates story.
@chicagoan I thought your parents are already here. If your parents are still in Nepal, then the concurrent filing of I-130 and 485 is not how it is done in this case. Concurrent filing is for people who are already here in US and just need to adjust their status to permanent residency. As you may already know, your parents have to go through consular processing, where they face the interview at the embassy in Nepal and pass all that background checking etc. I am not very sure of. I even heard they ask for a DNA test report of the person if he or she is being sponsored by his or her parents already in US. I do not know if they will ask the same for your parents. So concurrent filing does not apply to you. Your parents will apply for IR-5 parents visa, I believe and you may not even have to go via applying I-485 route then.
Just a word of caution: A lot of my previous cases, I hired my lawyer even when I knew a lot of processes and facts, just for the peace of my mind, you know. A lot of times, my lawyer gave me heads up at places when I would have missed very easily. A lot of times, rules kept changing and I was not aware myself. If you are doing everything yourself, please do your enough research, I do not want to be guiding some people in wrong direction you know, as I am not a lawyer myself, but because this immigration mania ate my brain so many times, I happen to know about a thing or two.
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Rockb
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Posted on 10-23-22 3:46
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@Bennedict! You are correct. If anyone is born after 1970 and don’t have a birth certificate or registration whatever., they will literally make you do it. Delayed registration could still hit with RFE. He is right they ain’t playing. My cases got hold up for 3 months. Just recheck everything and do it right to begin with
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chicagoan
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Posted on 10-23-22 7:03
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My parents are already here
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Rockb
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Posted on 10-23-22 12:31
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They are in a visa right? Like B2? You still apply birth registration with the citizenship card. You know you can have some one go to the ward office and make a certification of birth. In my case, I noticed my mom’s DOB on passport and birth certificate were different. So I have to wait until Tihar to apply passport and will have to fix it. During my parents’s I-130 they sent RFE because my birth certificate was issued 7-9 years after the birth. So wanted to see my high school certificates, letter from primary school, vaccinations.
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GayPride
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Posted on 10-23-22 12:53
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Where was ur parents born? In US or nepal?
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chicagoan
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Posted on 10-23-22 1:18
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Rockb, thank you for the info. They are in B2 yes. They already had the birth/marriage documents from several years back so I am not worried about those. I was just hesitant to apply I-485 before there I-130 got approved. But then this hesitation will make the process go longer. So I am now wondering if I should just go ahead and apply I-485. @Logbendick: I am not sure how it is lazmardo. We are following legal processes. There is a provision in the constitution and laws of the United States for this.
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Rockb
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Posted on 10-23-22 3:21
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@chicagoan I would not think it take any longer than NVC. It will be faster than embassy process @log…dick what’s your problem man. Stop being judgmental let people do whatever right for them. You Know Nepal would be coming out of dual citizenship in a near future and it does affect any Nepalese trying to immigrate here! Don’t F talk about nationalism nonsense. They would have jobs, careers, better life, better healthcare. Also can contribute in Nepal’s economic growth and other. No one forced relatives to stay here, they can go back when they feel like
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Rockb
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Posted on 10-23-22 3:31
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@chicagoan I-130 is pretty straightforward. If you don’t have any issues in your immigration history and have all civil documents in order it should be approved. Can they legally stay here with approved I-130? Probably not. Mine took almost 1.5 year with a RFE to get approval. They are doing witch hunting so the process looks like in process and they are doing work. You would have to keep extending the visa. You know always consult an immigration lawyer and it’s like 500-800 bucks most time
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