Birth Affidavits

[tgopi99]

Hi, My employer is going to apply for 485 for me and my family (wife and daughter), as part of documentation, lawyer asked to provide the Birth Affidavits in the check list (but I didn't get a chance to talk to my lawyer yet as how mandatory it is), but we 3 have birth certificates (my wife got the birth certificate 8 years ago and I got it 6 months ago). 
Q1. Is it required for us to produce the Birth Affidavits along with our birth certificates for 485 processing?
Q2. For both of us (myself and my wife) has no parents and relatives who can provide the affidavit on our behalf in India (and unfortunately my wife cannot produce the death certificate of her father as he died when her mother was carrying her and his death certificate was never taken from municipal authorities).

Kindly tell us what is our alternative for this situation.

[Attorney_17]

Hello,

 

In this type of filing, the government requires proof of birth for each applicant. Generally, this can be demonstrated through a birth certificate alone. However, if there is some sort of defect with the birth certificate, then birth affidavits should be submitted along with the birth certificate. Common defects include a lack of full names (for the child or parents), unavailability or if the birth was registered over a year after the birth of the child. Other defects that necessitate affidavits exist, however, these are some of the common ones. Affidavits should be signed by someone who is old enough to remember the birth. This means that if there was any person who was present at the birth, or shortly thereafter, they could sign the affidavit. In addition to affidavits, secondary evidence should be provided.