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 I-485
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Posted on 10-13-08 4:26 PM     Reply [Subscribe]
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I got married some time ago in US. I am changing status. however, i got struck in Section II of I-485. I couldn't figure out which one to choose. I was a student here in US and now i am still here. If you have any idea please suggest me. Your suggestion will definitely help me lot.

Also, I don't have my Translated citizenship document or birth certificate. However, i have a Character Certificate from my school (back from Nepal) indicating my date of birth in English calender.  Do you think, this document will serve as a birth certificate?

Do anyone have any idea of getting a Birth Certificate from US without leaving US? Does Nepalese Embassy make a document for me?


thanks for answers




 
Posted on 10-13-08 6:51 PM     Reply [Subscribe]
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Documentation of birth must be submitted. A birth certificate is preferred. If it is not available, the applicant may submit notarized affidavits from his/her parents. If the applicant cannot obtain affidavits from his/her parents, the applicant may submit affidavits from other relatives who are older than the applicant and were at least 10 years old at the time of his/her birth. The affidavits must include the individual's name, address, date of birth, relationship to the applicant, and how the person knows when the applicant was born. The affidavits must also include the applicant's name, date and place of birth, and the names of both of the parents. Preferably, these relatives cannot obtain any immigration benefit from the adjustment applicant. Examples are grandparents, aunts and uncles.

In general, if a birth certificate is not available, one should obtain:
(a) a certificate of non-availability from the government agency that would have issued the birth certificate if one were available, and
(b) two affidavits
as described above. Either instead of the non-availability certificate, or in addition, the applicant can submit any other evidence of his/her date of birth, such as a school certificate, religious certificate, certificate from the hospital or midwife, etc. However, a letter from the consulate or a date of birth certificate declaration based upon passport records would not generally be acceptable. If the birth certificate was registered late, the client should provide at least one affidavit as described above.

Source: http://www.murthy.com/485faq.html#6


 
Posted on 10-13-08 6:53 PM     Reply [Subscribe]
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What does the Section II of I-485 says??
Regarding birth certificate - you can have some one in Nepal to make a birth certificate from municipality (where you were born) in English. Do not forget to have both of your parents name appear on that certificate.
In addition, It is also better to have an affidavit of birth from your parents or your closets relatives who are familiar with your birth. Affidavit of Birth is simple document certifying by a person that your were born so and so date at so and so place. It is better to have notarized or certified by section officer.
I don;t think character certificate will work.

 
Posted on 10-13-08 7:07 PM     Reply [Subscribe]
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Call nepal and tell your family member to make birth certificate from municipaly and scan and email it to you.
print it out. thats all. it's so easy.............

 


 
Posted on 10-13-08 7:34 PM     Reply [Subscribe]
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What I did is have my brother prepare a Birth Certificate in English from Municipality from Nepal. I submitted that Birth Certificate and a copy of Character Certificate from SLC that has my date of birth. That was good enough to USCIS.

My GC is already approved. So don't worry of having an Affidavit as mentioned by others that is basically applicable to Indian nationals. My lawyer has also suggested me to have affidavits for my case too. I told them that I was gonna go with what I had. I prevailed.

Good luck!


 


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