Affidavit of Birth: English & Vietnamese
What is an Affidavit of Birth?
Many areas in Vietnam did not keep birth records years ago, especially in rural Vietnam. If you do not have a birth certificate or the certificate is inaccurate, and you need to prove your birth date for immigration, this affidavit is what you need.
You will need two or more witnesses. This document is a simple witness statement of a birth date written in both Vietnamese and English — making it easier for native Vietnamese speakers who do not know English. Sometimes legal authorities will need this notarized, but not always.
When There Is No Birth Certificate
When immigrating from Vietnam to the United States, USCIS requires proof of date of birth. When a birth certificate cannot be found or cannot be trusted, USCIS will accept an affidavit of birth as a substitute. This PDF has been used successfully many times.
US Green Card Birth Certificate Affidavit
There are many paths to obtaining a green card in the United States. All options require proof of birth. The most common path for Vietnamese immigrants is through marriage. This affidavit can be used with:
- Form I-485 (Adjustment of Status) — birth certificate affidavit section
- Form I-130 (Petition for Alien Relative)
- K-1 Fiancé Visa applications
- Work visa applications
- Any other immigration petition requiring proof of birth
Instructions
The format of this affidavit is divided into two parts:
- Top half: For the person who needs to prove his or her birth date. Fill in your full name, date of birth, and place of birth.
- Bottom half: For the witness of the birth date. This is usually a parent, aunt, uncle, or anyone who was present at or has knowledge of the birth.
Important: Always make copies in case the originals get lost in the mail or at USCIS offices. Have the document notarized if possible.
⬇ Download Free PDFFrequently Asked Questions
How many witnesses do I need for an affidavit of birth?
USCIS typically requires at least two witnesses who have personal knowledge of your birth. These should be people who were alive at the time of your birth and can attest to the date and place.
Does this affidavit need to be notarized?
While not always required, we strongly recommend having it notarized. A notarized affidavit carries more weight with USCIS and reduces the chance of a Request for Evidence (RFE).
Can I use this if my birth certificate has the wrong date?
Yes. If your birth certificate exists but has an incorrect date, use our Affidavit of Change of Birth Date instead, which is specifically designed for corrections.
Is this accepted by the US Embassy in Vietnam?
Yes. This format has been accepted at both the US Consulate in Ho Chi Minh City and the US Embassy in Hanoi for immigrant visa processing.
