Please help me with my wife's I-485 RFE

R

ryy

Registered Users (C)
Hi, all---

My wife got a RFE as below. We were married in Idaho in 1999. However, at that time, we did not know how to deal with the marriage procedure. We did not go to a church and did not get a marriage certificate. We only got a marriage license.

After I graduated from my school, I found a job in another state. My wife is still studying in our previous school. So, we currently are living separately in different states. We have one child.

Does anybody get a similar RFE or have any good suggestions? Possible to get a marriage certificate without doing a ceremony and after several years of marriage?

Thanks in advance!


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1. To establish the relationship you claim with the principal applicant, XXXXXX, you submitted a copy of your marriage license. The Service requires a copy of your marriage certificate which has been registered with the proper civil authorities of the state in which you were married. Therefore, submit a copy of your marriage certificate, which has been registered with the proper civil authorities.

A review of the service's electronic records indicates that your spouse, the primary applicant, is not residing with you. As you are seeking a benefit as a derivative it must be determined that your marriage to him is bona fide.

2. Therefore, please indicate if you are presently residing with your spouse and list the address that you both are residing at

3. If your answer is no, please indicate why and indicate if your marriage to the primary applicant is still valid.
 
I was also married in US and I have a marriage certificate from court. I also had same query. Dont worry this is an easy rfe.

But on Child's Birth record do you have both your and your wife's name as parents? check both final birth certificate and provisional birth certificate. That is the biggest proof.
Other proof will be joint financial statements like -
credit card with both your and wife's name or credit card for both of you having same card #
Your Auto Insurance card
Your health Insurance card
Joint bank account statements
driving licenses having same address

Good luck.
 
ryy,


As I understand, getting a marriage license does not mean that you are officially married. A marriage license is valid for a certain period of time (30 days in most states) depending on the state.
After obtaining the marriage license, as you have done, you must go to the county clerk office that would perform the ceremony and get you married according to civil law.
Again as I have said, you must go to the county clerk office within the license period (30 days) and he/she will perform the ceremony. If you choose not to get married in the County Clerks office, you can go to a religious head of your choice (again within 30 days) who has the authority to perform the marriage ceremony. After the ceremony he is supposed to sign the license, which was issued to you before the marriage. He will also report the marriage ceremony and send the details to the County Clerk’s office which will enable them to issue the actual marriage certificate.

Now answers to your RFE.

1)If you have registered your marriage according to civil law at a County Clerk’s office, you can get a duplicate certificate by paying a nominal fee.
2)You can explain the discrepancy in the address by stating that your permanent address is the address mentioned in the primary applicants G325A. However you can state that your temporary address is the address you are residing at to perform your job.
3)This is based on Question 2 and I guess an affidavit will do to explain.

Hope I answered your questions.

Goodluck.
 
Last edited by a moderator:
mydearcard and ckvenn---

Thanks for your reply.

mydearcard: I just called Idaho and there is no expiration date for marriage license in that state. So I can do the ceromony now there and get the certificate. Do you think it is too late? If somebody's I-485 is pending and he got married after he submit I-485, he can calim his wife as a dependent for EB application, or must do FAMILY category?

Thanks again!

ryy
 
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