Long story short.. after chatting on the internet and phone calls, I flew in from US to India for 2 weeks and got married to my girl on 14th Feb 2006 (that’s last year) just 3 days before leaving back for US. This was done in a temple with priests and her friends as witness. However her parents were against this inter-caste marriage and didn't want to sign on any marriage registration. She didn't want her friends to sign on the registration and with this we lost couple of days trying to convince them. In the end all we had was a couple of pictures with me and her, few with her friends and panditji. Left India without marriage certificate from registrar of marriage or any court certificate.
Facts about me: I had filled my LPR application thru my company in early 2002 in EB2 category and got my labor approval in July 2005. I filled my 140 and 485 immediately upon labor approval in Aug 2005 in concurrent process.
My 140 was approved in Dec and I got my first finger printing notice in Dec 2005 but I requested it to be postponed since I was planning to go to India and get married before my 485 was approved to include my gal on the process. However my trip got delayed due to work and I got a second finger printing notice for mid Feb in the mail sometime in Jan, which I had to send back again for re-scheduling since I would be in India getting married.
I got back from India on 18th Feb 06 and was told by my company lawyer that my process could be considered abandoned if I keep pushing back my finger printing date. So I took a copy of my notice and 485 receipts to the local USCIS office in Oakland where I was scheduled for finger printing. The guy told me that they have lot of requests for rescheduling and haven't processed a lot of paper work but can take my finger prints that very moment. I was done with my finger print without a scheduled notice
. I was happy, one less trip to downtown Oakland. My finger printing was done on Feb 24th.
With workloads and work deadlines, I pushed back on including her name on my 485 process. Also I didn't have a marriage certificate from India which was another concern. But the processing was so slow back then, with backlogs and stuff that I didn't expect my GC for another year and was planning a trip to India in May or June to get it registered somehow. But guess what, I got my GC in mail in mid April. WOW!...
For some work reasons (possibility of layoff if going on vacation sorta arm twisting) I couldn't make to India in June. Finally I am in India for a month now and her parents are ready to get it registered after a lot of family drama......filmy style.
Now the real deal.
We have the witnesses of the marriage on 14th Feb 2006, the panditji's letter, panditji in person and plan to register it in a couple of days with the Solemnized date of 14th Feb 2006. So in short the certificate will read register on 27th Feb 2007, marriage solemnized on 14th Feb 2006. With signatures from her parents and my parents etc.
All facts in short again
1. I filled for labor in early 2002 and got it approved in July 2005.
2. Filled 140 and 485 concurrently in Aug 05
3. 140 approved in Dec 05
4. First finger printing notice for Dec05.
5. Second finger printing notice for mid feb 06
6. Got married in a temple on 14th Feb. 06
7. Actual finger printing on 24th Feb 06
8. Green card in mail mid April 06 with: Residence since 4/12/06.
Now the questions.
Q1 - Can I file a Follow to join, FTJ process for my wife using form I-824 and a marriage certificate stating I was married on 14th Feb 2006, after my 140 was approved but before my 485 was approved.
Yes as the marriage get consumed that time. You need to give them the pictures etc.
Q2 - What if 824 is denied citing such a late registration of marriage? Can I appeal/challenge it in any way?
I-824 wont get denied based on this. You just need to give them official proof that you get married before your 485 approval.
Q3 - What if the 824 gets approved but during the interview at the US consulate in India they question the same (diff in date of marriage and date of registration)?
It is understandable that family situation arise and it happened. There is nothing to worry. If you havent maipulated the circumstances then you should be brave enough to apply and tell them the exact situation and ask them for the help.
Q4 - How can I prove that this is a genuine case and registration was delayed due to marriage being inter-caste?
Get an oath from some of your friends who where present there and notorize it. Also ask the lawyer may be he will have some better suggestion.
Q5 - Do you see any problem for me in FTJ process? If so what are the alternate solutions?
There shouldnt be any problem in FTJ. Apply for it and I am sure you will get it. Dont think about the other options at this time.
Good Luck
Please reply to this post. I would really appreciate it. I hope I have put my story clearly. Let me know if you need more information.
Thanks