I-485 - Birth Certificate Affidavit requirement

[shiva_82]

I am reaching out hoping to get some guidance. I have provided my question below along with a brief background.

I am ready to file my I-485 in EB-1.

Q1. My birth certificate was registered immediately after my birth and I also have a birth certificate issued at the time of birth. My Birth Certificate has my name with my Last Name initials rather than my Full last name. (i.e, A. Shiva). My parents name is mentioned in the Birth Certificate but only their Full First Names are mentioned. I am working with an attorney office for filing my case. They are asking for 2 notorised affidavits from other relatives other than parents. They are not accepting notorised affidavits from my parents instead.

Q2. My wife has a Birth Certificate issued at the time of birth. Her case is same as mine with the only difference being her mom's full name is in the birth certificate. In this case what affidavits would I need to submit? My attorneys are again asking for affidavit from another relative as well. My wife's cousin is a US citizen and is 9 years older. My attorney office is not recommending an affidavit from him and are asking for affidavits from someone at least 10 years or older at the time of birth.

Can you please provide your experience/recommendation/guidance on the affidavits that would be recommended?

[randUser9]

I was in the same (or very similar boat). I didn't have a BC & wife had one without name & in Hindi. My lawyers also asked for notarized affidavits but that included parents. For me, it was NABC + affidavits + some hospital release papers. And yes, it had to be someone who was old enough & present at the time of birth (immediate uncles/aunts?).

As for the format, this is the one I used (provided by my lawyers). HTH.

[B]AFFIDAVIT OF BIRTH[/B]

[B]I, , after being duly sworn, do hereby depose and say that:[/B][LIST=1][*][B]I am a citizen and national of ______, born on in ____ . I reside at ____.[/B][/LIST][LIST=1][*][B]I have direct knowledge of the birth of ______ , as I am his / her ________ and I was present at his/her birth.[/B][/LIST][LIST=1][*][B]was born on in _____.[/B][/LIST][LIST=1][*][B]_______’s natural parents are _________ , the mother and ________, the father.[/B][/LIST][LIST=1][*][B]This Affidavit is being submitted in support of the birth facts and parentage of _______.[/B][/LIST][B]I AFFIRM under penalty of perjury and upon personal knowledge that the above statements and facts are true and accurate to the best of my knowledge, information and belief.[/B]

[B]Signature: [/B]

[B]Date: [/B]


[B]STATE / PROVINCE OF , COUNTY / DISTRICT OF , CITY / TOWN OF ,TO WIT:[/B]


[B]I HEREBY CERTIFY THAT on this day of , 20_ , before me, a Notary Public of the aforesaid State / Province, County / District, and City / Town, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, who acknowledged that s/he has executed it for the purposes therein set forth.[/B]


[B]Notary Public[/B]

[B]My Commission expires: [/B]

[shiva_82]

I was in the same (or very similar boat). I didn't have a BC & wife had one without name & in Hindi. My lawyers also asked for notarized affidavits but that included parents. For me, it was NABC + affidavits + some hospital release papers. And yes, it had to be someone who was old enough & present at the time of birth (immediate uncles/aunts?).

As for the format, this is the one I used (provided by my lawyers). HTH.

[B]AFFIDAVIT OF BIRTH[/B]

[B]I, , after being duly sworn, do hereby depose and say that:[/B][LIST=1][*][B]I am a citizen and national of ______, born on in ____ . I reside at ____.[/B][/LIST][LIST=1][*][B]I have direct knowledge of the birth of ______ , as I am his / her ________ and I was present at his/her birth.[/B][/LIST][LIST=1][*][B]was born on in _____.[/B][/LIST][LIST=1][*][B]_______’s natural parents are _________ , the mother and ________, the father.[/B][/LIST][LIST=1][*][B]This Affidavit is being submitted in support of the birth facts and parentage of _______.[/B][/LIST][B]I AFFIRM under penalty of perjury and upon personal knowledge that the above statements and facts are true and accurate to the best of my knowledge, information and belief.[/B]

[B]Signature: [/B]

[B]Date: [/B]


[B]STATE / PROVINCE OF , COUNTY / DISTRICT OF , CITY / TOWN OF ,TO WIT:[/B]


[B]I HEREBY CERTIFY THAT on this day of , 20_ , before me, a Notary Public of the aforesaid State / Province, County / District, and City / Town, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, who acknowledged that s/he has executed it for the purposes therein set forth.[/B]


[B]Notary Public[/B]

[B]My Commission expires: [/B]

Thanks for your response. As both my parents are still alive, I was wondering if an affidavit from my parents would suffice. Their name is in the Birth certificate except only the full name is not there. While I could, I don't want to reach out to any of my relatives requesting for an affidavit (more of my inhibition). Also in my wife's case, one of her parents full name is in the birth certificate so was wondering if only one affidavit from her mom might be good enough.

Thanks for sharing the affidavit format. Appreciate your help!

[shiva_82]

Can anyone please help me understand if my parents can give an affidavit if their full names are not in the birth certificate? My parents first name is in my birth certificate but not their full name. If any relative can give an affidavit (when there is no way of verifying their relation to me), why can't my parents give the affidavit. So what my attorney office is asking me doesn't make sense. Also I am from Chennai, India and my birth certificate is available online. Do any one who are from Chennai know if this changing the name to full name online is possible? Appreciate any help!

[shiva_82]

Hey, can one of you please help? I don't want to go to my relatives to get affidavits especially when my parents are alive.

[randUser9]

My application hasn't progress beyond NOAs, so i cannot say if they have accepted affidavits from parents. But I did what my lawyers asked me to do. You can try to find out USCIS guidelines for this.

[shiva_82]

My application hasn't progress beyond NOAs, so i cannot say if they have accepted affidavits from parents. But I did what my lawyers asked me to do. You can try to find out USCIS guidelines for this.

Thank you. Did you lawyers supported affidavits from your parents and were your parents full name in your Birth Certificate?

[randUser9]

Thank you. Did you lawyers supported affidavits from your parents and were your parents full name in your Birth Certificate?

1. Yes, as per lawyer's instruction, parents could provide affidavit.
2. I did not have a BC, & wife did not have parents full name on BC.

[shiva_82]

Perfect.. Thank you

[rln8316]

Q1
I have read in some forum that attorney can submit a cover letter that- it is a common practice to have initials in certain states in India and the initial is name of applicant's father.

Does your pan or aadhar contains first and second name? if yes, you can approach municipality to update your name based on Aadhar. I have slightly similar issue as you have. I approached my municipality for NABC with application that has complete name with my Aadhar and 10th. They found my BC and sent a letter back with my complete name. Then we approached them to change publish DOB with full name. Though they were adamant to issue based on 10th, but after 1-2 attempts, they changed the name to be complete first and 2nd name.

[shiva_82]

Thanks rln8316, I checked multiple times and they were very clear that initials can't be expanded in birth certificate based on passport or pan or aadhaar. I'm going through the affidavit route now. Hopefully won't get a rfe. Fingers crossed.