Need Urgent Advice/Help

[magic_mail]

Hi All:

I need urgent advice/help on following.....

1) My wife got RFE of Marriage certificate.
2) I dont have marriage certificate taken from INDIA. What are my options ...
3) I checked from Consulate General of India(Huston), they issue marriage certificate. I would like to know if any of you have used this services...
4) My wife is in India....she had a talk with the officials there, they say both(husband/wife) presence is required to get certificate.



thanks

EB3->INDIA->PD->OCT 2002
I-140->RFE(Employee Verification)I-140 Approved
I-485(Wife)->RFE(Medical->reply received)
I-485(Wife)->RFE(Marriage Certificate)

 

[poongunranar]

Consulate of Houston issued Marriage Certificate is USELESS

3) I checked from Consulate General of India(Huston), they issue marriage certificate. I would like to know if any of you have used this services...
4) My wife is in India....she had a talk with the officials there, they say both(husband/wife) presence is required to get certificate

Yes, I have a direct experience with Consulate of Houston regarding this issue for my closest buddy who had to get this for her husband's AoS. They got married under the Hindu Marriage Act, for which no marriage certificate or registration is mandatory in India. However, during the interview, this was the precise document the officer asked. When she gave the Consulate of Houston's letter, which merely says to the effect that "these people claim to have been married on such and such date," the officer said that it lacked the burden of proof requirement as the document clearly needs to be from the civic authorities. Since, she did not file for her hubby's Advance Parole, they could not go in person to India to get the same. So she was stuck after the interview for her husband.

If document from civic authorities could not be given, she was asked to provided an affidavit to that effect with clear proof as to why such a document is unavailable. This affidavit should meet the burden of proof requirement too.

Luckily, in order to get this letter from Houston, she had letters from the priests who had presided their marriage as well as letters of witness from her witnesses in India. Together with that when she went back to the Jacksonville Office to submit to the officer, the officer accepted that and approved her husband's petition right there.

So, my direct experience with Consulate of Houston's "marriage certificate" is hopeless. They do not give the actual civic certificate as you may think they do.

So this is what I would suggest:

Since your wife is in India, try to get the following done.

1) She can go and probably try to "talk" to some officials in the registrar office in an "appropriate" manner and try to get them in writing that they cannot issue a marriage certificate, even though she claims that she got married to you on such and such date at such and such place.

2) Get the letters from the priests, elders, and other witnesses to your marriage to the effect that you got married. (HINDU and MUSLIM). If you are a CHRISTIAN, then go and get the "Extract of Certificate of Marriage" from the church you got married and together with that certificate start getting ready the affidavit.

3) Even if 1 and 2 fails, your wife can take your parents and her parents and approach a NOTARY and with a Rs. 100 stamp paper, can get the facts notarized and get it submitted to the court as a notarized document. This document will definitely help further your case here at USCIS when you claim that you have other proof of marriage including an affidavit sworn and notarized before a court of law in India, but do not have the "civic certificate" from the authorities.

Hope this helps.

 

[magic_mail]

Thanks poongunranar!!

1) We(husband/wife) have submitted affidevit noterised by a notary public in india, with original I-485 application.
2) My name was endorsed on her passport on the basis affidevit.
2) On the basis of this affidevit US Consulate, Calcutta issued her H4, 3) You are right i talk to Indian Consulate, Huston and their marriage certificate will be like according to passport these ppl are married, Which i don't think will help.
4) I had a talk with my lawyer he is saying as you mentioned too, get a statement/certificate from the preist.
5) I am dilemma that whether this will be sufficient...

-- i am thinking of going india and getting "Marriage Certificate"

 

[poongunranar]

Are you a HINDU?

If you are a HINDU, you don't need to take the pain of going personally to India to get your marriage registered. You can state the relevant statutes of the Hindu Marriage Act 1955 and still vouchsafe for your marriage.

If you are a CHRISTIAN, then you may need to go to India, get the extract from the church and go to the registrar's office to get it registered under the Indian Christian Marriage Act 1872.

You cannot file under the Special Marriage Act 1954, even though that is the BEST, just because it involves a minimum notification period and should be registered AT THE TIME of marriage -- not registering it later. At least this is what I know. Consult an Indian attorney to see if you can register your marriage under SMA 1954, post facto (after the fact). I doubt you can, under this law.

So, I am glad that you could corroborate whatever I had stated in my previous response. You already have enough of evidence. All that you need is witness to the effect from the priests if you are a Hindu. Because, as per the Hindu Marriage Act, your marriage is valid, even if not registered if, among all other conditions having been met, one of you were an Indian citizen and that your marriage was conducted according to Hindu customs and presided by a Hindu priest..

You do not absolutely need a Marriage Certificate. It will be VERY helpful if you do. You are not doomed if you don't, unless you can provide an affidavit that would stand the burden of proof requirement, which is provided as an option in the Immigration & Naturalization Act (INA).

Good luck.

 

[magic_mail]

Hi poongunranar:

thanks for quick and very helpful advice, i appreciate it

1) Yes i am hindu
2) If i submit priest certificate/statement and affidevit from our parents and witnesses with reply to I-485 RFE.
2) If USCIS does not like what i submitted to prove my marriage will they issue
a denial letter??
3) Then i will have to go throught MTR and all those process.....what do you say??
4) I know its too much to ask but still if you could get me the sample of preist letter/statement from urs friend.

thanks

 

[poongunranar]

Hi poongunranar:

thanks for quick and very helpful advice, i appreciate it

1) Yes i am hindu
2) If i submit priest certificate/statement and affidevit from our parents and witnesses with reply to I-485 RFE.
2) If USCIS does not like what i submitted to prove my marriage will they issue
a denial letter??
3) Then i will have to go throught MTR and all those process.....what do you say??
4) I know its too much to ask but still if you could get me the sample of preist letter/statement from urs friend.

thanks

I can try that with my friend and post it here if she is able to pull those details up. However, I can share with you what I-72 statement said for her, when the officer gave her that to get the marriage certificate. It said this:

Please Comply with the Below Instructions

1. Please submit a copy of your marriage certificate issued by Civil Authority.

If you do not have a marriage certificate you must submit a statement from the appropriate civil authority certifying that the marriage certificate is not available, and submit secondary evidence per instructions on Form I-130.

Please return this notice with the requested document(s).

So, we did go to I-130 and found the following: It is in Section 9 of page 3 of I-130.

9. What If a Document Is Not Available?

In such situation, submit a statement from the appropriate
civil authority certifying that the document or documents are
not available. You must also submit secondary evidence,
including:

A. Church record: A copy of a document bearing the seal
of the church, showing the baptism, dedication or
comparable rite occurred within two months after birth,
and showing the date and place of the child's birth,
date of the religious ceremony and the names of the
child's parents.

B. School record: A letter from the authority (preferably
the first school attended) showing the date of admission
to the school, the child's date of birth or age at that time,
place of birth, and names of the parents.

C. Census record: State or Federal census record showing
the names, place of birth, date of birth or the age of the
person listed.

D. Affidavits: Written statements sworn to or affirmed by
two persons who were living at the time and who have
personal knowledge of the event you are trying to prove.
For example, the date and place of birth, marriage or death.
The person making the affidavit does not have to be a
U.S. citizen. Each affidavit should contain the following
information regarding the person making the affidavit: his
or her full name, address, date and place of birth and his
or her relationship to you, if any, full information
concerning the event, and complete details explaining
how the person acquired knowledge of the event.

So, with USCIS' own information, you should be able to take an educated decision as to whether you want to submit what you want or you want to go to India to get the certificate. Before even going to India, you ought to make sure that you can get your marriage registered post facto. Since you are a Hindu, you can do that pretty easily. Yet, I would confirm with an Indian attorney before going to India.

Hope this helps.

 

[magic_mail]

thaks very much!!

1) I was talking to my lawyer today and he said its better you get the registerd marriage certificate.
2) He said as a leagal advice i would recmend going india and getting certificate
3) Otherwise you could get a certificate from priest there, but in that case chances are uscis may deny your wife petition.

 

[damascus]

magic_mail,

I am just curious how did you get H4 visa stamp for your wife WITHOUT A MARRIAGE CERTIFICATE? I think Consulate officer insists on marriage certifiate in addition photos etc., right?

 

[magic_mail]

we gave them affedevit from court...
and my name is endorsed on wife passport....

even affidevit was ok...for GC too.. sometime back....now they strictly ask for marriage certificate

 

[GrimJudge]

Marriage Certificate RFE - Help Please!!!

Hi all,

My wife has received an RFE for submitting a Marriage Certificate. Our marriage was not registered and while I-485 application I have submitted Notarized and stamped affidavit signed by my mother and my father-in-law. At that point of time my old attorney advised me that this stamped notorized affidavit can be filed in lieu of marriage certificate.

Now I have changed companies and the new lawyer is requesting the marriage certificate. Do I have to make a trip to India to get the certificate ?

Please give your thoughts. I am really worried. Gurus Please help!!
Thanks,
GJ

 

[poongunranar]

GrimJudge

Hi all,

My wife has received an RFE for submitting a Marriage Certificate. Our marriage was not registered and while I-485 application I have submitted Notarized and stamped affidavit signed by my mother and my father-in-law. At that point of time my old attorney advised me that this stamped notorized affidavit can be filed in lieu of marriage certificate.

Now I have changed companies and the new lawyer is requesting the marriage certificate. Do I have to make a trip to India to get the certificate ?

Please give your thoughts. I am really worried. Gurus Please help!!
Thanks,
GJ

Yes, you do. Read my comments, ibid supra.

 

[nikkasingh]

Hello there

Marriage registration in India is overseen my the municipal authorities. I am sure that a marriage certificate can be procured for the date you were married on from your local authorities, though its cost may be jacked up since you are in a hurry and you earn in $$$.

 

[magic_mail]

Marriage Certificate

GrimJudge:

1) I went to india and got our marriage registered in district registrar(marriage officer) office. In my case wife was there in india for a visit so thught its better go now and get it done.

2) At the time of our marriage we did apply to register but we couldn't got it that time. We didn't thought its that important because my wife already got her h4 visa stamped without marriage certificate.

3) We received Marriege Certificate RFE and then i went to india to get it from there.

If you can goto india and get it from there thats the best.

4) You could register your marriage in india under following act
Hindu Marriage act (for only hindus)
Special Marriage act (for all)
5) In case of hindu marriage act law assumes that marriage ceremony was already performed and registrar may ask for witnesses of ceremony.
6) In case of special marriage act law require that application should be posted in the marriage officer's office for thirty days befor a marriage could be registered.
Under this act marriage ceremonry needs to be performed by registrar.


hope it helps

 

[GrimJudge]

Marriage Certificate from Indian Consulate, San Francisco

Hi Magicmail,

Thanks for the information. The Indian consulate office in San Francisco also issues marriage certificate based on the information available in the passport. If spouse name is mentioned in both (husbands's and wife's) passports, by paying a fee of $20 we can get the marriage certificate from the consulate.

Do you think this option would be better?

Gurus please post your thoughts on this matter.

Thanks,
GJ

 

[poongunranar]

Hi Magicmail,

Thanks for the information. The Indian consulate office in San Francisco also issues marriage certificate based on the information available in the passport. If spouse name is mentioned in both (husbands's and wife's) passports, by paying a fee of $20 we can get the marriage certificate from the consulate.

Do you think this option would be better?

Gurus please post your thoughts on this matter.

Thanks,
GJ

Please do read my earlier comments on this topic. Indian Consulate's letter is of no use. USCIS will not accept that to be a proof of valid marriage. Please read the posts carefully. See above.

 

[GrimJudge]

Marriage Certificate

Hello Poongunranar,

Thanks for the information. I have read through the posts regarding the marriage certificate. It would be very difficult for me to make a trip to India with all my family members (have small kids) for the purpose of obtaining a marriage certificate. I have the following evidence:

I was married on June 2nd 1993. I have not registered my marriage as it was not mandatory. I have cotacted Government/Municipal authorities in my native place and observe that Marriage Certificate will not be issued for marriages which were not registered. However at the time of filing of our I-485 applications, I have included two Stamped/Sworn affidavits, one singed by my mother and another signed by my wife's father, both duly notarized, confirming our marriage. These were included in lieu of marriage certificate.

However, I understand that the Indian Consulate office in San Francisco issues marriage certificates on the basis of evidence from the Passports of myself and my wife. I plan to apply for the same by this week. (Please advise me of the format they will use, if you know)

Moreover I plan to submit the following documents in support of my marriage:
Copies of my passport displaying my spouse name
Copies of my wife's passport displaying her spouse name
Copies of my daughter's and son's birth certificates listing myself as father and my wife as mother
Copies of Federal/State Income tax returns listing mine and my spouse names.

Please advise me whether the above documents are sufficient. Thank you very much in advance for your thoughts.

GJ

 

[magic_mail]

GrimJudge:

here is my 2 cent....

1) Before going to india i did talk to Indian consulate in texas. I asked them specifically what will be the text of the certificate, they told me... acording to passport such and such person is married.

2) Then i talk to my lawyer he recomended me that its better to get it from india now instead at later stage.
he did say that he could fight with USCIS on gound of that US consulate has issued H4 visa based on my available document( e.i afidevit....)

3) In my case wife was in india so i thought it will be better going now and get it done.

4) Also talk to your lawyer here....

good luck...

 

[poongunranar]

No, it is not sufficient

Hello Poongunranar,

Thanks for the information. I have read through the posts regarding the marriage certificate. It would be very difficult for me to make a trip to India with all my family members (have small kids) for the purpose of obtaining a marriage certificate. I have the following evidence:

I was married on June 2nd 1993. I have not registered my marriage as it was not mandatory. I have cotacted Government/Municipal authorities in my native place and observe that Marriage Certificate will not be issued for marriages which were not registered. However at the time of filing of our I-485 applications, I have included two Stamped/Sworn affidavits, one singed by my mother and another signed by my wife's father, both duly notarized, confirming our marriage. These were included in lieu of marriage certificate.

However, I understand that the Indian Consulate office in San Francisco issues marriage certificates on the basis of evidence from the Passports of myself and my wife. I plan to apply for the same by this week. (Please advise me of the format they will use, if you know)

Moreover I plan to submit the following documents in support of my marriage:
Copies of my passport displaying my spouse name
Copies of my wife's passport displaying her spouse name
Copies of my daughter's and son's birth certificates listing myself as father and my wife as mother
Copies of Federal/State Income tax returns listing mine and my spouse names.

Please advise me whether the above documents are sufficient. Thank you very much in advance for your thoughts.

GJ

Please note the following:

1. What Consulate of India issues is NOT a valid marriage certificate. USCIS has rejected that because the Indian Consulate is NOT the civic authority to issue a Marriage Certificate. I have an experience directly with my friend's case, where she was asked to provide a marriage certificate, or if the certificate is unavailable, a statement to that effect from the Civic Authority stating why such a certificate cannot be granted; together with sworn affidavits from the priest(s) who officiated the ceremony to other witnesses thereof.
2. So, forget the Consulate of India certificate. It is practically of no use at all.