Yeah man! 1.5 more weeks and I know vendor is going to go bankrupt...I came to know this lafda only this month. Basically I worked for free for 1/2 year. Sad that its happening at the end of my H1 saga. Another H1 exploitation.Originally Posted by soggadu
Last edited by 03May07; 09-21-2011 at 07:27 PM. Reason: hiding some facts :(
According to my attorney, all they need to file 485 is parents' affidavit for birth as the birth certificate was obtained recently. Attorney filed my PERM and I-140. They meant, all they need in addition to what they already have from me.
PlainSpeak, your last statement got me on my toes...just got the i485, i765, i693, i131 printouts...do we need any 485 supplements (i am on h1b)?
i have to look into the birth certificate thing more closely...my dad sent me a birth certificate in english...i guess our local municipality allowed to get BC for a small duration...would this suffice?
Do Sawal, 2 questions
After a dull august its good to see the folks active again. More so even those who have become current.
Some time back we had a good discussion on vaccinations and i am fully for preparing early and going thru the personal physician.
I have 2 other questions if anyone can help answer.
1. Spouse name in passport - is it required? my wife and i are on H1s and do not have each others name in the passport. I have heard that my company or its lawyers required this. Not sure if they are being careful or if its a requirement. If its really required, i will put it on my todo and get it done sooner than later though i am still far away.
2. Birth certificate - Both my wife and i have our certificates both show the right birthdate and also a registration date which is about 2 months from the birth date.
However we got mine issued in 2004 when i was applying for my parents visa in mumbai so it has that 2004 date at the bottom where the stamp is, while my wifes cert has none. I believe it was issued at the same time as registration. Again, my company or the lawyers are saying(to some others) that since the cert is issued lately we need affidavits. So the question is this a requirement too?
Being in EB2 i would like to be as prepared as possible especially for the things i have come to know from this forum and from others in my company(they wont answer any of my questions until my PD is current so no point asking them). If we determine later that something is missing which was not known earlier thats fine, we will see what to do then.
Feel free to move this message to another thread/folder.
On a different note i have filed for H1 extension 3 times and stamping 2 times since Jan 2010, thankfully my state gives me a 5 year DL else i m constantly extending something or the other and now i ahve got a 2 year 3 months extension of H1 when i thought i would get 3 years because of LCA validity. I am hoping that this was my last H1 extension application.
Your birth registration date should after some years of your birth. I guess it is 15. For e.g you were born in 70 then it can't be after 85. other than its ok.. few months or few years are ok for registration.
spouse names are not required as long as you have marriage cert. Next time you renew pp update it though for future use.
The date of registration in my birth certificate is 2006 and I have got the red Government seal on the back side of the certififcate. Is the date of registration which is 30+ years after the DOB, going to cause any issues?
Donno if it will cause any issue, BUT lawyers generally say NO to that. Your lawyer may ask you to submit additional affidavits.
there is a difference of about 29yrs between my birth date and the seal date on the certificate...do i need to get affidavits in this case?
You need to pay attention to the registration date first.
If the registration date is few days/few weeks/ few months after birth then you should be fine. Issue date will not make any difference in this case.
If your birth is registered after several years(ex: after 10-25 year) then it is advisable to get affidavits as well.
Not a Legal advice/opinion, please check with good immigration attorney.
I think Veni answered this already but I have some experience on this issue for my parents' GC so i'll give you my 2 cents. The USCIS websites are quite clear on this issue. If your date of registration is beyond 1 year after your date of birth, the birth certificate is not sufficient. They ask that you get affidavits (we got 3 but I think they only required 2). The date of seal/date of issue does not matter. The only thing that's important is the date of registration. Also, if you don't have a birth certificate at all (not relevant to most of us since everyone born after 1969 in India would have had the birth registered) you will require an NABC (Non-availability of birth certificate) form from the municipality of panchayat of your birth. I'd advice people not to go by what your lawyer says, or from the experiences of others. From a quick check on the web I found many people who managed with 'faulty' birth certificates, but far more cases were given RFEs asking for NABCs. Once you get an RFE you only have a month to respond, and that is not enough time to get the NABC or corrected Birth Certificate if you're here in the U.S., and don't have relatives in the town/village/city of your birth. And the 3rd party service providers like yourmaninindia aren't always successful. They got us an NABC from a small town in Tamil Nadu in about 45 days, but couldn't get one from Nagpur even after 2 months.
Can you please point to where?
Thank you all for your response which is in alignment to my thought. DOes any one have first hand experience of filing for AOS when spouse's name was nor in passport? also is it require in both passports(before i get comments, i mean each others names)
About the birth certificate names and date of registration etc. in my case. just sharing with you guys the email exchange with my lawyer for my case.
My email:
Hello Mr. XYZ,
I am attaching my birth certificate, my wife’s birth certificate, and my marriage certificate. This is not urgent right now, I do not want to bother you. But I would like to request you to see them, and see if there is any further secondary evidence, or affidavits might be needed. I want to prevent an RFE on this when we submit I-485, because then we have to rush against time and Indian administration bureaucracy.
I am listing below the concerns I have:
My Birth Certificate:
- My name listed as <firstname> only, not <firstname lastname> i.e. with family name. In India, it’s assumed that your family name will be what it is of your father.
- My mother’s name listed as <mothersfirstname + ‘ben’> instead of <mothersfirstname>. “Ben” means Mrs or a cultural way to say sister in my state in India. Her passport will not indicate “Ben”, only <mothersfirstname>.
- It was issued in year 2007, although date of registration of birth is indeed given as <date near my date of birth>.
Wife’s birth certificate:
- The pink copy is in Hindi, indian language, and the registrar has also provided an english copy, if you see the second page. Is this enough, or further steps needed for the english copy.
- The Date of Registration is listed as x/y/2005 and date of issue of certificate x /y/2005. She did not get birth registered at birth-time it seems to me, and got it registered with the Local Registrar’s office later on, or at least this is what I think a careful immigration officer would scrutinize and come to conclusion.
Lawyer's reply:
Mr. XXXX, these documents should be fine. They are satisfactory. As a back up, I will also have ready the high school leaving certificates for you and your wife.
Sincerely,
XYZ
whoa!!! high school leaving certificates ...i am not sure why we need it for i485 app...
soggadu paaji...didn't pay full attention...and didn't understand the connection b/n BC and high school leaving certificate (i guess birth date listed on it is used)...light le lo na...anyways i totally admire the info that nishant and others share with all of us...great job...thanks again...
sahi kaha. you have successfully pacified sogaddu's third eye
you have PD of 11/15/2007, a week after mine, gcseeker is a week before me. Don't we hate PDs on 1st, 8th, 15th or 22nd, always get lingering fear that a VB will stop on exactly that date and one shall be left cursing a single day he or his lawyer delayed!
Last edited by nishant2200; 09-28-2011 at 09:09 AM.
I guess i was wrong. I couldn't find that on the USCIS website after all, but on several murthy.com forum posts and immihelp.com. The latter in particular (see below), was very helpful.
http://www.immihelp.com/birth-certificate/
No problem, reason I had asked is I had done extensive research on this, including the I-485 instructions, and guidance on USCIS website. I could not find anything official written about this on USCIS website. I agree that immihelp as well as others forums, mention this, this might have arisen out of some empirical evidence of RFE. I believe it's based on your luck who gets your file, how much he wants to scrutinize.
On my Birth Certificate Mother's middle name printed wrong ; Impact on I 485 filing
I'm a secondary / dependant applicant who is looking to file I 485 along with spouse.
Now on my original birthcertificate , my mother's middle name is printed incorrectly.
All of my information is accurate. Trying to get this corrected in India seems like an impossibility. Would gurus advise on how I should approach this as I prepare my docs to wait for our EB2 Ind PD 07 dec to become current.
Thanks very much in advance
I-485 Instructions
Initial Evidence section
2. Birth Certificate
Submit a copy of your foreign birth certificate or other record of your birth that meets
the provisions of secondary evidence found in Title 8, Code of Federal Regulations (CFR), 103.2(b)(2).
This law is at:
http://ecfr.gpoaccess.gov/cgi/t/text...0.1.2.6&idno=8
Go to section 103.2(b)(2) in this law document.
(2) Submitting secondary evidence and affidavits —(i) General. The non-existence or other unavailability of required evidence creates a presumption of ineligibility. If a required document, such as a birth or marriage certificate, does not exist or cannot be obtained, an applicant or petitioner must demonstrate this and submit secondary evidence, such as church or school records, pertinent to the facts at issue. If secondary evidence also does not exist or cannot be obtained, the applicant or petitioner must demonstrate the unavailability of both the required document and relevant secondary evidence, and submit two or more affidavits, sworn to or affirmed by persons who are not parties to the petition who have direct personal knowledge of the event and circumstances. Secondary evidence must overcome the unavailability of primary evidence, and affidavits must overcome the unavailability of both primary and secondary evidence.
--------------------------------------------
There are other interesting things to read too in this law document around this text area and below for further points like non-availability, translations and so on.
Last edited by nishant2200; 09-28-2011 at 03:18 PM.
http://www.qesehmk.org/forums/showth...=9475#post9475
I just posted some information about secondary evidence and if you need affidavits at all etc. straight from the lawbook at above post.
Not an expert but I'll take a shot since I'm experienced in this. Getting this corrected in India is difficult, but not an impossibility. I have got this done twice, for my wife in Bangalore, and for me in Mumbai. While the requirements in each case was different, they were clear and consistent about what the requirements were. The staff at the municipal office knew exactly what needed to be done and provided clear guidance. We got these done when we were in India on vacation so as to not burden on our parents, but our presence was not needed at all. Anybody with the right documents could have done it on our behalf. Having said that, my wife's mother was born in Nagpur, and the municipal office there required her presence to issue her a NABC (that's what they provide if they don't have your birth certificate), so every municipal office treats this differently.
As to whether you should go through the hassle or not, my lawyer said it was best we got it corrected if we could. He thought that misspelled parental name might not be an issue if we couldn't get it corrected. However, on researching the issue on Murthy and other websites, I found several cases of people that had received RFEs for exactly this. I remember some mentions of affidavits being accepted in response to the RFE, but it is probably less of a hassle to get the BC fixed.
Could you please detail your experience about name change? What was the procedure and what documents were needed in Mumbai?
All my details are correct except in my name. There is only my first name. My attorney said that this will for sure get an RFE as the full name is not there.
Check out comment #5020 for details. In any case, it isn't relevant since in my case i corrected my father's name on my birth certificate. They needed the old birth certificate and 3 pieces of documentary evidence with my father's correct name from documents/IDs from before I was born. Not sure what they need if my name was incorrectly spelled.
Having looked at it again, my old birth certificate only had my first name on it, but on the corrected one they have included my full name. So, perhaps, you need nothing else. Just tell them you need the whole name on the birth certificate and they'll do it based on your dad's name (assuming you have his full name on it). At most, i'd expect they'd ask for other documentary evidence of your full name (school leaving certificate, ration card, etc).
Man, this is going to be a problem for me too. My name doesnt exist on my birth certificate at all (I didnt even know that till now). Also my moms last name is not there. My parents live in maharashtra and I was born in TN, we don't know anybody there. My PD is 1st Feb 08 so may or may not need it anytime soon. Can just an affidavit work for this? Getting it changed from the location of birth will be very tough.
There are currently 1 users browsing this thread. (0 members and 1 guests)
Posting Permissions
Reply With Quote
