Hi Mom/Brit and co,
Wife and myself are currently in the USA on an E3 ( I will transition to a H1B come Oct1 2021 at the start of the new year). I am born in Oz, wife in India.
My wife and I have are at a log jam - her birth is prior to 1969 and she was in India and according to //travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html if our reading of this is correct - she is not required to show a Birth Cert or a Non Availability of Birth Cert (NABC), just the secondary evidence. Both her parents are no longer alive and there is no one with first hand knowledge alive either.
We have been trying for a few months now to get NABC etc from India - but because of covid - things are just shut down in the area we need to apply for (magistrates and medical officer in the region)
He have an affidavit from her elder sister - which states both parents names, and a self affidavit, as well as the Indian school certificate (which is on the secondary evidence list). She is also now an Australian citizen (which only required her own self affidavit and valid passport at the time to get PR and later citizenship).
My question is - do we have enough to submit the i485 (we have everything else ready to go) or is it not sufficient at this point in time. I am asking as I don't want to put at risk any other applications for work visa's (especially as my company will be submitting a final H1b in the next few months for Oct1, or put future E3's at risk).
Any insight here would help - many of the lawyers just say get the NABC and you do see many instances of i485's rejected for india's sponsoring their parents without such documentation. But we also know the DVLottery is special - especially around time constraints - this year more than ever - so we don't want any RFE's or similar.
thanking you in advance.