I-485 - Birth Certificate Affidavit requirement

I-485 - Birth Certificate Affidavit requirement

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?

• Join Date: Jan 2021
• Posts: 75

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]

EB1C India - MSC2190XXXXXX
11/25/2020 - I485, I765, I131 sent to TX lockbox
11/30/2020 - received at TX lockbox
02/28/2021 - NOAs generated
05/19/2021 - Bio done
07/28/2021 - I485J fee waiver notice
08/18/2021 - I765 - ordered new card
08/30/2021 - RFE for BC+693
09/22/2021 - GC in hand (primary)

Comment

• Join Date: Mar 2021
• Posts: 504

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!