I 485 RFE to submit birth certificate

We had filed I 485 in family based ( f3) category for my wife who father is US citizen, as we have filed on Dec 4th, 2019, and we did the finger printing on January 28th, 2020.

The RFE is about my wife birth certificate, they need copy of the birth certificate, issued by civil authority and a long form, with atleast one name of the parent and in english.

We did submitted the birth certificate in the beginning, when the original petition was filed and only issue we have her name is not mention in the birth certificate,

In Gujarat in the name is given 2 months after the birth.

The RFE is about the submitting birth certificate but they have not mention any thing about the name on the birth certificate

Why did you submit a birth certificate which does not have the person’s name?

How do you think they will know that the birth certificate is for the person you claim?

The original petitioner is my father in law and asking for my wife birth certificate, i am just assuming, what if they ask the name on the birth certificate.

Her name was kept after the birth certificate was made, so that why there is no name on the birth certificate and we cannot get another record since its 35 years old,

As a secondary evidence, we have her school leaving certificate, which has her date of birth, her name as well fathers name or else we also have PAN card as back up

birth certificate, has her father’s, mother’s name and date of birth and its been in English from government of Gujarat… We cannot produce another birth certificate since its 35 years old…

As a secondary evidence, we have school leaving certificate, which has her name, father’s name and date of birth…or can we submit pan card.

My attorney will be preparing the documents my next week. We just recieved the RFE that they need the birth certificate, or primary birth record issued by appropriate authority and USCIS accepts only long form birth certificate and least one parent name

You can always get a new birth certificate issued with a name on it.

Not sure why are you not even trying. A birth certificate without name is not acceptable.

Didn’t your attorney warn you? What is he charging you fees for?

We canot get any new birth certificate, since its india is locked down and its very difficult to get. The RFE we received, hasn’t t asked for the name, they just want her birth certificate to be submited and new I 864 affidavit, with the current tax papers.

I have been working with my attorney from last 10 years and helped me a lot for H1B RFE in the past. The fees they have charge is reasonable

If the attorney is so reliable and helpful, then why are you asking questions on forum.

Attorney should have helped you with this situation as well as they know all your case details.

I am asking because you have helped me lot in the past for my H1B and just trying to get different opinion. I am just doing the research from my my sake. I will do my best, otherwise going back to India is not a bad option…

I have already given the answer to the best of my knowledge.

You are just questioning based on what your attorney did. That’s why i am asking you to just contact the attorney and discuss your case.

I can only suggest limited options as I don’t know your case details which your attorney does. You are asking questions assuming that i am your attorney.

As per my last discussion, and as per attorney advise we have submitted my wife birth certificate which has no name, but we have sent 3 affidavit from her parents and uncle who were present at the time of her birth.

Hoping this will serve the purpose…

since in my wife birth certificate her name is not mention, so we have submitted it along with 2 affidavit from her parents and one from her uncle who were present at the time of her birth…

Dear Dipal,

I’m on the same boat, we have asked MRO to revised the certificate by adding my name, but they saying it is not allowed as we applied certificate 4 years ago and have not corrected the name within then. Did the affidavit help?

yes and i have already recieved my EAD after submitting it. It took one month to work on it…

I’m also in the same boat don’t have my name on my birth certificate, help me out with this what documents I need to submit with it?

sent the affidavit from both the parents…It will work …

Thanks for reply, It helps a lot, what is the format for affidavit attested From any government authorised official is fine or I need to get signature from lawyer

you can google it or ask your immigration lawyer he definitely must have a format and make sure to Notarize…

Make sure it should be as simple as it, don’t make it complicated.


Dipla Jhaveri

Thank you it was really helpful

This is regarding 485 eb1-c application;

I had submitted my birth certificate (country India) which had my name and fathers name incorrectly mentioned. I also submitted a self declared notarized affidavit justifying the incorrect names.

I received rfe for the same. I am trying to get names corrected from local municaplity (surat municipal corp) but not certain if i would be able to get it done in time.

As alternative, can I submit only the two notarized affidavits by parents/relatives? Please advise