Birth Certificate and parents names missing a part

[rajamp]

Hello all
I need some advice on how to proceed on this issue.
I have a birth certificate that is registered 20 years after birth. so for that I got my parents affidavits.
My wife has a birth certificate that is registered 3 years after birth and in that my wifes mother's name is missing her middle name and father has a part of the very long name missing. for her also we got an affidavit.

Does this resolve the birth certificate requirements for i485 or is there something else we need to do.

Thanks in advance
Raj.

[chengisk]

Two affidavits is sufficient for this purpose. In addition to the affidavits adding a 10th standard or 12th standard mark sheet with your date of birth also helps. You will require nothing else.

[rajamp]

thanks a lot for your reply.
My attorney said that USCIS will not accept parent affidavits. Also he said for now he will just send the birth certificates as is and then wait. only of a RFE is issued then we can respond to that.

Also he asked me to collect these items and keep them with me.

Birth Affidavits from 2 different people at least 10-15 years older than the applicant, could be from uncle/aunt/relatives/family friends. (Do not get birth affidavit from the parents)
1. Ration Card.

2. Pan Card.

3. School Records.

4. Government Records.

5. Medical Records.

6. Census Records.

7. Adhaar Card

8. Any other documents that shows the name and date of birth.

[Pedro Gonzales]

thanks a lot for your reply.
My attorney said that USCIS will not accept parent affidavits. Also he said for now he will just send the birth certificates as is and then wait. only of a RFE is issued then we can respond to that.

I disagree with that strategy, but don't see much harm in it. I think they will almost certainly come back with an RFE if you don't include the affidavits, and with the affidavits there is only a small chance they'll send you an RFE, so not sending the affidavits now could result in 1 to 2 months delay. However, since retrogression is a given, time is not really a constraint, so there is no harm in it. I'd certainly collect all the information possible now since you won't have enough time to get these things from India after the RFE comes.

On second thoughts, since you don't already have the non parental affidavits, i guess your lawyers strategy makes sense. Why delay submission of the I485 packet waiting for the affidavits?

[qesehmk]

raja - it is ok to have BC issued 20 years later. But if it doesn't meet USCIS standards or has errors/discrepancies ... it is always best to have affidavits.

Your attorney frankly is wrong in terms of his strategy. However don't stress out over this. With either strategy, net delay in your Application will be most likely the same because the category itself is severly backlogged (assuming you are EB2 or 3 India).

So if you can tactfully convince attorney ... do it ..... otherwise forget it and just go along with him.

Hello all
I need some advice on how to proceed on this issue.
I have a birth certificate that is registered 20 years after birth. so for that I got my parents affidavits.
My wife has a birth certificate that is registered 3 years after birth and in that my wifes mother's name is missing her middle name and father has a part of the very long name missing. for her also we got an affidavit.

Does this resolve the birth certificate requirements for i485 or is there something else we need to do.

Thanks in advance
Raj.

[rajamp]

Thanks Pedro and Q.
I am EB2 India with Jan 14 PD. First time filing for 485.

I will try to convince my attorney. if not I don't mind waiting for another year to get GC. All I need right now is EAD.

[HurtDinmorf]

I had a similar situation, and I was advised to go to court. Of course it was not cheap, but this month I had new documents.

[immihelp2014]

Hi,

In my birth certificate, my father's last name is missing. Will it be an issue when filing the I-485? My mother's last name exists in birth certificate. In my passport, my parents last name exists.

Please advice.
Thank you.

[neweb2i]

Hello all,

I need some help from you all. I don't have birth certificate and nor my wife. Is there any one who had faced recently this issue ? I would like to duplicate the process. Also, how long it may taken ? It has kinda became important as my employer is filing EB1B (national lab) (PP). So, some good guidance will really help me.