Spouse Birth certificate

[reachparagm]

My PD is current.

I have my spouse birth certificate with only her mother's full name in form as (name, husband name, surname) along with city and time.
It also has signature of doctor and hospital name.

Should this be enough for AOS-dependent for BC requirements ?

If not -
Can I make some form of affidavit here in US, since her parents are resident with us at the moment ?

Please help.

[rayb]

Reachparagm,

Please clarify what you are now doing:

1. Petitioning parents (of you or spouse) or spouse;
2. Converting status with petition, I-485 and sponsorship documents?


--Ray B

My PD is current.

I have my spouse birth certificate with only her mother's full name in form as (name, husband name, surname) along with city and time.
It also has signature of doctor and hospital name.

Should this be enough for AOS-dependent for BC requirements ?

If not -
Can I make some form of affidavit here in US, since her parents are resident with us at the moment ?

Please help.

[reachparagm]

Reachparagm,

Please clarify what you are now doing:

1. Petitioning parents (of you or spouse) or spouse;
2. Converting status with petition, I-485 and sponsorship documents?


--Ray B

Thanks for the reply.

Ray,
I am in process of petitioning spouse as my dependent for AOS (I-485).

[rayb]

Reach,

Are you now submitting an I-130 and I-485 for your wife at the same time, and your wife is currently in the U.S. on a valid visa?

Referring to your wife as your "dependent" throws me off, as there is no "dependent status" for someone being Adjusted.

--Ray B

Thanks for the reply.

Ray,
I am in process of petitioning spouse as my dependent for AOS (I-485).

[reachparagm]

Reach,

Are you now submitting an I-130 and I-485 for your wife at the same time, and your wife is currently in the U.S. on a valid visa?

Referring to your wife as your "dependent" throws me off, as there is no "dependent status" for someone being Adjusted.

--Ray B

Ray,
This BIRTH CERTIFICATE document is asked by my lawyer for filing AOS as my PD is current. I had EB2I I-140 approved.
I have H1B and she is on F1 visa now (prev H4) with me.

Thanks

[rayb]

Reach,

It sounds as if your attorney is doing an Adjustment of Status. "AOS" can mean "Adjustment of Status" or "Affidavit of Support," so it's important in these threads to avoid acronyms.

So it seems that you are the beneficiary (applicant) for the Adjustment of Status, in which case the request for your wife's birth certificate would be a normal document request to complete the package.

You also mentioned "parents," earlier in this thread, and it's not clear to me why you even mentioned them, unless they are co-sponsors with the Affidavit of Support.

Perhaps my response above doesn't answer your questions, but I'm not sure of the roles played by you, your wife and her parents in this scenario.

--Ray B

Ray,
This BIRTH CERTIFICATE document is asked by my lawyer for filing AOS as my PD is current. I had EB2I I-140 approved.
I have H1B and she is on F1 visa now (prev H4) with me.

Thanks

[reachparagm]

Ray,
Sorry if I have confused on the scenario - but here is what the case is and solution people suggesting me
case -
- I am in process to file Adjustment of Status for me and my wife as part of filing I485 (next step after I-140)
- recently found that my wife birth certificate do not have her complete name, but mentions only date, time, gender and mother full name.
- lawyer mention that the birth certificate is unacceptable and asked to get affidavit from her parents in INDIA
- Her parents are with us in USA right now.

here is people suggesting me to do
- get affidavit done in US and get it notarized by local officials in person
- go to Indian consulate and see if you can make BC for her from her passport
- get notarized from Indian consulate in person.

[rayb]

How bad is the naming error on the birth cert?

USCIS will normally accept secondary evidence corroborating the legitimacy of the document with incomplete data: religious, school and medical documents showing the birth data as on the birth certificate.

A simple affidavit from parent(s), notarized locally (forget the Indian Consulate or country authentication, that's last resort). The affidavit should explain the reason for the discrepancy.

--Ray B

Ray,
Sorry if I have confused on the scenario - but here is what the case is and solution people suggesting me
case -
- I am in process to file Adjustment of Status for me and my wife as part of filing I485 (next step after I-140)
- recently found that my wife birth certificate do not have her complete name, but mentions only date, time, gender and mother full name.
- lawyer mention that the birth certificate is unacceptable and asked to get affidavit from her parents in INDIA
- Her parents are with us in USA right now.

here is people suggesting me to do
- get affidavit done in US and get it notarized by local officials in person
- go to Indian consulate and see if you can make BC for her from her passport
- get notarized from Indian consulate in person.