RFE for AP - INS needs real marriage certificate

M

mballav

Registered Users (C)
Hello:

My wife and I applied for AP about 2 months ago at CSC. I got mine after a month. At the same time, they sent an RFE asking for the marriage certificate that my lawyer forgot to attach. We don't have a real marriage certificate, but have affidavits signed by our parents. So, the lawyer sent the affidavits to INS. Now, after 30 days of receiving those documents, they have sent another RFE this time saying that the affidavits are not acceptable and that we need to send the real marriage certificate.

The problem before us is that now we can not travel to India to get the certificate, as the 485 has been filed and we both do not have our AP.

What should we do?

Can we get married in a court now and send that certificate?

Please help.

Manish
 
Hello,

How come u don't have real marriage cert. if u r married in india then u should have have marriage cert. issued by Marriage registrar. it is diff story if u r old and married couple of years back then u could not have cert.

I am not sure if u can do court marriage here and put original date in recent court marriage certificate.

It is true that INS won't accept Affidivat for Marriage Cert. U require copy of Marriage Cert.

U don't need to travel at india to get Cert. Tell ur parents to give some "chai-pani" to clerk and they will issue by taking some money. it is not difficult in india. and once u get notorized cert. then tell ur parents to fax it. u just need copy to send INS.
 
If you have valid H1B and H4 approvals, visa stamps in your passports and not worked on EAD you can still travel on valid H1B and H4
“chijan” is correct that if your relative/parents/friend can meet a lawyer in India and provide “chai Pani) you can get marriage certificate in one day
You may have to send the copy of your affidavits to India and you both may have to sign a form MEMORANDOM OF MERRAIAGE ( you can get it from India through FedEx ask your friend to mail it to you , sign it and send it to India) and the date of your marriage should be written the same as it appears on affidavits that you submitted to INS at the time of I-485 filing.
 
Thanks Chijan and Ginnu.

I spoke with my parents today and they are working on it.

Btw, I posted my problem to another forum and someone suggested getting the marriage cert from the Indian consulate in US. It so happens that I already have the marriage cert from the SFO consulate dated (issue date) earlier than the filing date of AP/485.

Do you guys think that this cert would work?

Has you or anyone else used such a cert for AP/485?

Regards,
Manish
 
Hello,

I heard somewhere that people submit marriage cert. from Indian counsulate but INS also gives hard time in it also. It is best to have real marriage cert.

why do u worry so much about it. just tell ur parents/friends to get cert. even they don't need to send u for signature. they can do it by writing ur full name, In my case, they asked me to write just my name in signature box eventhough i had differen signature( It was my last day before departing to US when i got my cert., it took just 3 hrs to get cert. ofcourse i had to give some chai-pani). WE had no problem to get EAD and AP by using this cert.

Take it easy, u will get it soon.

I hope it helps
 
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