RFE Marriage Certificate NON-AVAILABILITY

1

140seekerJune

Registered Users (C)
I am in deep trouble. I registered my marriage in a Marriage Registrar office. Unfortunately the lawyer who prepared the stamp paper wrote 'Deed Of Agreement' which INS is not accepting these days. I made some affidavits from my parents. My lawyer in the US saying I need to have a NON-AVAILABILITY certificate to validate the affidavits. The Marriage Registrar is not willing to issue a NON-AVAILABILITY certifacate.

Anybody faced this problem. Can you guys what I need to do? Is there a way to get a NON-AVAILABILITY certificate. I tried yourmaninindia.com, but they are not even picking the phone at all.
 
The best way would be:
Give an application to the registrar of marriage to give a marriage certificate for you giving your marriage dates and location. This should be done at the place you got married or your home town which you know better.

Since you did not register your marriage, they will not find the marriage registration details in that case they have to give Non availibility of Marriage certificate affidavit.

I am not a lawyer, but my lawyer suggested this way and it worked. Talk to your lawyer before taking any step.

See the attached doucument the name of the faormat is
'ENDORSEMENT FOR MARRIAGE'
I hope this helps.

Srjumde
Approved on July 2004.
 
I found on the consulate general of India San Fracisco website information regarding marriage certificates, since I was not interested in..., I did not read through completely. Go the the website and find some infor, if useful.
OR Call Indian Consulate, jursdiction you live.
 
Thanks!

From one of the thread I read that the Marriage Certificate that is issued by the Consulate in San Francisco is not approved by the Immigration Department. So that may not be a right approach.

We submitted a request to the Registrar in our hometown to issue a Marriage Certificate by assuming they will issue a NON-AVAILABILITY certificate. But they are not willing to do that because they have already our information in their book as Deed Of Arrangement. I think its a lack of understanding in their part. I have asked my parents to go to the District Registrar to try the same.

When I talked to the lawyer again she is taking a laid back state now that she says we'll submit whatever we have.
 
Letter from the Lawyer

This is the letter from the lawyer:

Your marriage should be legally recognized.

We need proof that you are legally married and that it is recognized under the laws of your country. If there was a valid marriage but it just wasn't registered, get a letter from them saying it wasn't "registered" and that it is not required to be registered. Then get two affidavits from witnesses and the statement from the attorney.

My marriage took place at a Church and we have the Marriage Certificate from the Church.

My question is how can I get a letter from the Marriage Registrar stating my marriage is not registered and is not required to register. According to the RFE all the Christian Marriages need be registered.

Any idea?
 
140seekerJune said:
My marriage took place at a Church and we have the Marriage Certificate from the Church.

My question is how can I get a letter from the Marriage Registrar stating my marriage is not registered and is not required to register. According to the RFE all the Christian Marriages need be registered.

Any idea?
Click to expand...

I too got married in a church (in India) and got a church marriage certificate. I found out last year that the church sends a copy of the certificate to an appropriate government agency (In my case a special IG's office coordiated this activity). So we approached the IG's office and they issued a cerificate stating where and when I was married. This IG's office is the offical issuer of governmental marriage certificates in my case.

Of course since we were dealing with an governmental agency, we had to deal with the usual issues, but we got a lawyer in India take take of the 'lower level issues'.

However, I have not submitted this certificate as I got just an employment RFE.

BTW, if you have a church certificate you should be fine (assuming that you are from Inida) as church registrations are acceptable as official under the Indian Christian Marriage Act of 18xx. Sometimes, BCIS issues a RFE for a church document. One member on this board (immi1) sent a copy of this act with the RFE and got approved.
 
Last edited by a moderator:
Thanks!

Thanks for the info. When I contacted a local Lawyer in India he told me that the Church needs to send some info to the Govt Agency. I spoke to another friend of mine just now. He told me that his Parish Priest got the certificate from the Government Agency.

I have the Church certificate already. But I found out now that I did not send the Church certificate when I filed the 485 papers. At that time I filed only 'Deed Of Marriage'. That may be the reason why the INS for confused.
 
A Qn For Frodo

My parents approached the District Registrar. They told them that the Registrar Office need to have special permission from the IG Office. Could you please tell me what is this IG Office? Is it in Trivandrum or at each district?
 
Please expand what is IG??
Abbreavitions like IG change from state to state and country to country.
In Andhra Pradesh IG means Inspector General of Police.
 
Hi Friends,

I am in the same boat. My marriage was christian traditional marriage and i do have marriage certificate issued by the Church but I heard rumors that INS is not accepting marriage certificate issued by churches rather they need Govt issued certificates.

Can any one shed some lights on how i can get non-availability of marriage certificates with out leaving this county because I'm in 7th yr extension and cannot visit india right now.

Thanks,
 
Last edited by a moderator:
There is no certificate called "NON-AVAILABILITY CERTIFICATE" for marriages. They may issue a certificate saying that this marriage is not registered. And if they issue that, still it may be a misleading information to INS. Reason why they ask Marriage Certificate is to make sure that they got married. If the registration department saying that it is not registered, it does not sound good. It happend to me CSC has issued a Marraige Certificate and I have tried all posibilities, but eventually I have decided to go and come back. My whole family (2+2) went to India for a week and came back.

This is just my 2 cents.

Take Care
Siva
 
ciril99:
Unfortunately, life is not a Flubber Movie to get married or get marriage registered while you are busy working....
If you do not yet have children..., rush to Las Vegas..., get married again for the purpose of registration. No offence. Just an idea..., since you are in a situation not able to leave US.

Guys from India...,
I have seen the marriage certificates issued in Punjab State..., excellent information..., the certificate clearly mentions separate dates
Date of marriage and
Date of registration
In some states, there are no 2 date columns on the certificate... so it looks as if one got married 10 years after their children were born. Insist your actual marriage date appear as marriage date and registration date be separate....
 
Marriage Date and Marriage Registered will always be different. According Hindu Religion marriage registration is not mandatory. But in India Hindu Marriages can be registered. This is the wording mentioned in the "Foreign Affairs Manual" which normally every other country refers before making any decision. So if you are registering your marriage ever after 20 years, they need to put "Date on which Marriage solemnized" as the actual marriage date.

My 2 Cents.
 
Our marriage certificate did not have TWO dates..., we had to insist a pen insert by the clerk, to get the dates clear (may be an old format).
 
140seekerJune said:
My parents approached the District Registrar. They told them that the Registrar Office need to have special permission from the IG Office. Could you please tell me what is this IG Office? Is it in Trivandrum or at each district?
Click to expand...

Sorry, just saw this post. It was the Inspector General of Police in Madras.
 
to ciril99

ciril99:

When I filed my 485, thinking that INS needs official documentation, I too submitted the official registered marriage certificate.(I had the church one, but did not submit it after listening to the lawyer). The title of the document was 'Deed of Marriage Agreement' and CIS sent and RFE saying this document is not acceptable as a marriage certificate, based on some kind of 'Foreign xxx Manual'. In the 'deed' there was a statement saying I was married in the church and the RFE stated that I must submit the church certificate or the 'official marriage registration' . I sent in the church certificate only, and my case was approved. To my knowledge there is nothing like 'non-avialbility certificate' for marriages.

Further research into this matter revealed that official marriage registration in India requires some minimum notification period ( 1 or 2 months) and advertisement. What happens is when Christians approach for official marriage certificate, instead of waiting for that long period and going thro the notifications procedure, the sub-registrar's offices started issuing this document 'deed of marriage agreement' as a way around. I was told it just looks official, that's all. Church marriages are treated as legal marriages here and you should be fine with that. You may consider making a statement along with the church certificate when you reply for the RFE, that should suffice.

Hope this helps.
 
santo said:
ciril99:

When I filed my 485, thinking that INS needs official documentation, I too submitted the official registered marriage certificate.(I had the church one, but did not submit it after listening to the lawyer). The title of the document was 'Deed of Marriage Agreement' and CIS sent and RFE saying this document is not acceptable as a marriage certificate, based on some kind of 'Foreign xxx Manual'. In the 'deed' there was a statement saying I was married in the church and the RFE stated that I must submit the church certificate or the 'official marriage registration' . I sent in the church certificate only, and my case was approved. To my knowledge there is nothing like 'non-avialbility certificate' for marriages.

Further research into this matter revealed that official marriage registration in India requires some minimum notification period ( 1 or 2 months) and advertisement. What happens is when Christians approach for official marriage certificate, instead of waiting for that long period and going thro the notifications procedure, the sub-registrar's offices started issuing this document 'deed of marriage agreement' as a way around. I was told it just looks official, that's all. Church marriages are treated as legal marriages here and you should be fine with that. You may consider making a statement along with the church certificate when you reply for the RFE, that should suffice.

Hope this helps.
Click to expand...

Thank you Santo! really appreciate your help.
 
In Nut shell do you guys recommend to submit only church marriage certificate while applying for spouse 485 ?
 
IPC302 said:
In Nut shell do you guys recommend to submit only church marriage certificate while applying for spouse 485 ?
Click to expand...

Church marriage certificate should be fine.
 
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