RFE on dependent. Need help

X

xyz_visa

Registered Users (C)
We got RFE on dependent. I am the dependent applicant, Wife is the primary application. RFE is for marriage certificate.
We had submitted marriage certificate along with I 485 application.
Marriage certificate is in English but registar's seal was probably in Marathi.
Another difference is, certificate has her maiden name, where as lawyer filed 485 with a changed last name..
Any idea how to get it resolved..

*********
RFE Says: The certificate you submitted does not show evidence of being registered or recorded.
Note: The marriage certificate that was submitted did not indicate that you were married with the pricipal applicant.
********

thanks,
xyz_visa
wac-02-264-5xxxx
EB2
2nd FP Done: June 5th..

Touch date
Primary: 06/30
Dependent: 07/07 (When RFE was generated)
 
When you file 485 you use the current changed last name (based on marriage), however you also HAVE TO specify the maiden name (before the marriage) in the section for previous names used. This way you make the connection between your previous identity (before marriage) and the current identity.
For the seal, have the document FULLY translated and notarized by a professional service. This way the seals and pretty much everything that is written and readable in the document gets translated.
 
1. Have not seen your marriage cert. but I can tell you this that a standard marriage cert should have a para (usually at the end) stating that the marriage was recorded/registered in the marriage register at xxx/xxx (folio number etc.) on date....

From the language of RFE, it appears that they want to see that para in the marriage cert.

2. There appears to be a mismatch of names (maidan name ... married name... name in 485...)


xyz_visa said:
We got RFE on dependent. I am the dependent applicant, Wife is the primary application. RFE is for marriage certificate.
We had submitted marriage certificate along with I 485 application.
Marriage certificate is in English but registar's seal was probably in Marathi.
Another difference is, certificate has her maiden name, where as lawyer filed 485 with a changed last name..
Any idea how to get it resolved..

*********
RFE Says: The certificate you submitted does not show evidence of being registered or recorded.
Note: The marriage certificate that was submitted did not indicate that you were married with the pricipal applicant.
********

thanks,
xyz_visa
wac-02-264-5xxxx
EB2
2nd FP Done: June 5th..

Touch date
Primary: 06/30
Dependent: 07/07 (When RFE was generated)
Click to expand...
 
xyz_visa

I got the identical marriage certificate as others get in Maharashtra..
It also says that marriage is registered on dated dd/mm/yyyy, along with
registrar seal and signature..

Do we need to changed notarized Marriage certificate.
My marriage certificate is only in English.. earlier they used to issue in both English and Marathi.. Line by line in each langauage in the same certificate..

I am not sure what we can do now..I want to get it over ASAP..
Shall we resend the notarized copy of the same certificate, along with copy of passport where our names are added in spouse column..

xyz_visa
 
At least in CA, notary can only notarize your signature. A notary cannot notarize documents. This is what I would have done:

1. Talk to the lawyer and let him interpret what exactly they are asking for
2. get a marriage certificate from the consulate of India in SFO (they are pretty quick, if you live in bay area you can visit SF and get it same day). Take the passport and marriage certificate and other docs (like marriage photos etc). Also ask them to certify the marriage cert that you have.

After this, let the lawyer draft a letter explaining things in details.... attach copy of marriage cert, copy of marriage cert from consulate....

I ran into issues with my marriage cert. I made special effort to get the marriage cert in english for obvious reasons ( I thought I was pretty smart..). Well, they sent an RFE for my wife when she applied for the first AP, asking us to give them marriage certificate in native language. Fortunately I had people in India who can move the wheels ....


xyz_visa said:
I got the identical marriage certificate as others get in Maharashtra..
It also says that marriage is registered on dated dd/mm/yyyy, along with
registrar seal and signature..

Do we need to changed notarized Marriage certificate.
My marriage certificate is only in English.. earlier they used to issue in both English and Marathi.. Line by line in each langauage in the same certificate..

I am not sure what we can do now..I want to get it over ASAP..
Shall we resend the notarized copy of the same certificate, along with copy of passport where our names are added in spouse column..

xyz_visa
Click to expand...
 
goodsaint said:
2. get a marriage certificate from the consulate of India in SFO (they are pretty quick, if you live in bay area you can visit SF and get it same day). Take the passport and marriage certificate and other docs (like marriage photos etc). Also ask them to certify the marriage cert that you have.
Click to expand...

Though it's not uniformly enforced, most of the times USCIS adjucators reject marriage and birth certificates from consulates. Rather they ask for certificates from local authority. You will find ample number of old threads regarding this issue. The marriage or birth certificates from consulate are good for nothing - just to make few extra $$$ to maintain their front-yard landscaping.
 
xyz_visa said:
We got RFE on dependent. I am the dependent applicant, Wife is the primary application. RFE is for marriage certificate.
We had submitted marriage certificate along with I 485 application.
Marriage certificate is in English but registar's seal was probably in Marathi.
Another difference is, certificate has her maiden name, where as lawyer filed 485 with a changed last name..
Any idea how to get it resolved..

*********
RFE Says: The certificate you submitted does not show evidence of being registered or recorded.
Note: The marriage certificate that was submitted did not indicate that you were married with the pricipal applicant.
********
Click to expand...

You need to talk to your attorney to discuss how to reply RFE properly.

The possible document could be:
1. Provide affidavits of marriage (from husband and wife).
2. Provide wedding pictures (as supporting document with affidavits).


For last name change, probably you/your attorney/your wife needs to write a letter explaining the name change - attaching copies of her old (with maiden last name) and new passport (after name change).
 
xyz_visa

I just spoke with the lawyer. He said that INS has not disputing the registration of marriage but what they are looking for a "marriage certificate".
According to him, We had submitted "Certificate of Registration of Marriage"
I am not if others do submit two documents.
He has asked us to go and get the marriage certificate from Indian Consulate at SFO and he will re-submit both again..

-xyz_visa
 
Please read the post again... he already has marriage certificate. consulate marriage cert is good for nothing on its own but can be used for supporting the marriage certificate issued by local authority.


pralay said:
Though it's not uniformly enforced, most of the times USCIS adjucators reject marriage and birth certificates from consulates. Rather they ask for certificates from local authority. You will find ample number of old threads regarding this issue. The marriage or birth certificates from consulate are good for nothing - just to make few extra $$$ to maintain their front-yard landscaping.
Click to expand...
 
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