RFE

[robbyrob 2]

Hi everyone, good and bad news. After 8 months and requesting an expedite and contacting my congressman I just got an rfe for marriage certificate. When I had filed I sent in my marriage cert from the church and 1 affidavit. I knew I might get this, but many here had said it wasn't a problem. Now they want civil marriage cert or a church marriage cert and 2 affidavits? Anyone have any experience with this? Do I need to notarize the marriage cert from the church. The issue is getting a civil cert will take time and I will have to take a trip to india. I can go but not at the moment, work and other legal issues. What does everyone recommend. Also what should be included in the affidavit any sample forms out there I can reference. Maybe the one had sent was not what they expected or they need another? Thanks for any input. This is so hard. So close but yet so far away.

BTW forgot to mention this is for my I-130.

Edited November 17, 2008 by robbyrob

[Old Dominion 26]

Hi everyone, good and bad news. After 8 months and requesting an expedite and contacting my congressman I just got an rfe for marriage certificate. When I had filed I sent in my marriage cert from the church and 1 affidavit. I knew I might get this, but many here had said it wasn't a problem. Now they want civil marriage cert or a church marriage cert and 2 affidavits? Anyone have any experience with this? Do I need to notarize the marriage cert from the church. The issue is getting a civil cert will take time and I will have to take a trip to india. I can go but not at the moment, work and other legal issues. What does everyone recommend. Also what should be included in the affidavit any sample forms out there I can reference. Maybe the one had sent was not what they expected or they need another? Thanks for any input. This is so hard. So close but yet so far away.

BTW forgot to mention this is for my I-130.

Is there no way that your spouse could have the marriage registered with the civil authorities in India? As for affidavits, they usually expect to get 2-3 of them, witnessed and duly notarized as to the authenticity of the signatures. A simple paragraph in the body of the affidavit letter, stating the validity of the marriage, how the person knows this, and what relationship between the person and spouse(s) exists. Depending on the church, the church's raised seal is all that is needed to verify the certificate.

[Alli and Léo 0]

The certificate from the church must bear the crest/symbol of the church but as far as I know it does not have to be notarized. For the I-130 petition, it states that evidence is required to prove an ongoing marital relationship which can include shared bank accounts, shared residency, a baby, etc. Or you can use affidavits which I did because I did not have any of the following. It lists the requirements for all affidavits in the instructions. The affidavits are required to further prove that the church marriage/wedding was valid since what they really want is a civil marriage certifiacte. I would simply do another affidavit by someone that was present at the church wedding. Also, if the marriage reflects in church records, it is a godd idea to send a copy of those church records to further validate the marriage. This is what I did.

[Mononoke28 135]

Here are two affidavit samples you can use.

Diana

Affidavit_Example_1.doc

Affidavit_Example_2.doc

[robbyrob 2]

Hi everyone, good and bad news. After 8 months and requesting an expedite and contacting my congressman I just got an rfe for marriage certificate. When I had filed I sent in my marriage cert from the church and 1 affidavit. I knew I might get this, but many here had said it wasn't a problem. Now they want civil marriage cert or a church marriage cert and 2 affidavits? Anyone have any experience with this? Do I need to notarize the marriage cert from the church. The issue is getting a civil cert will take time and I will have to take a trip to india. I can go but not at the moment, work and other legal issues. What does everyone recommend. Also what should be included in the affidavit any sample forms out there I can reference. Maybe the one had sent was not what they expected or they need another? Thanks for any input. This is so hard. So close but yet so far away.

BTW forgot to mention this is for my I-130.

Is there no way that your spouse could have the marriage registered with the civil authorities in India? As for affidavits, they usually expect to get 2-3 of them, witnessed and duly notarized as to the authenticity of the signatures. A simple paragraph in the body of the affidavit letter, stating the validity of the marriage, how the person knows this, and what relationship between the person and spouse(s) exists. Depending on the church, the church's raised seal is all that is needed to verify the certificate.

The certificate from the church must bear the crest/symbol of the church but as far as I know it does not have to be notarized. For the I-130 petition, it states that evidence is required to prove an ongoing marital relationship which can include shared bank accounts, shared residency, a baby, etc. Or you can use affidavits which I did because I did not have any of the following. It lists the requirements for all affidavits in the instructions. The affidavits are required to further prove that the church marriage/wedding was valid since what they really want is a civil marriage certifiacte. I would simply do another affidavit by someone that was present at the church wedding. Also, if the marriage reflects in church records, it is a godd idea to send a copy of those church records to further validate the marriage. This is what I did.

In India the bride and groom must be present in from of the magistrate to sign and receive the civil marriage cert. Also i believe we have to register it and wait 30 days before they will issue the civil cert. So the days of when money talked are gone. Also the church cert does have the seal and all on it. But I think sending only one affidavit is what probably caused this rfe. I will get affidavits from my wifes parents, my parents and some friends. Hopefully this will be sufficient? The only problem is getting all this back in time. Whats the fastest courier to send to usa from india? I used dhl to send the rfe i got to wifey. thanks

[cmnb 0]

robbyrob,

sorry to hear your situation. but unfortunately, the harsh truth is, there is no other way for you to obtain a civil marriage certificate without being present in the court. you both have to be present in front of the registrar of marriages to sign the "register" and to identify your presense.

regarding the 30 day time period, you do not have to go through that as you are already married and have a church certificate. if you bring that church certificate with you to the court they can register the marriage for you. ull have to feed some money but it can all be done in india. the 30 day period applies to couples who want a straight forward civil marriage and have never been married before. that is what i know and i am about 80% sure about that but you may want to check that from the court. they will tell you right away.

but, there is no way out....u need to take a trip to india. USCIS will not settle for any certficates. they need to see the civil certificate unless you have a religious constraint. if i am right, a muslim marriage can be certified by the clerik in the mousque and that holds a validity just like a civil certificate for USCIS.

i would suggest you take the trip to india ASAP and dont let the RFE sit for a very long time. you dont want the RFE file to get dug in some pile and collect dust.

i feel for you man. here's hoping that all works out for you.

Edited November 18, 2008 by cmnb

[Rover 2]

Robbyrob,

I don't know how thinks work in India, but I am from Morocco, and for us I can give authority to my father in a writing statement to represent me in court, for marriage cert, buying a house....... So check to see if any body from your family can represent you.

I had almost the same issue, I submitted the translation of my marriage certificate from the consulate, but they did not accept it, they requested a copy of the original marriage certificate from Morocco and the translation. Luckily I had them both and mailed them next day, It's been 2 months since they received them and I am still waiting.

Good Luck.

[cmnb 0]

Robbyrob,

I don't know how thinks work in India, but I am from Morocco, and for us I can give authority to my father in a writing statement to represent me in court, for marriage cert, buying a house....... So check to see if any body from your family can represent you.

I had almost the same issue, I submitted the translation of my marriage certificate from the consulate, but they did not accept it, they requested a copy of the original marriage certificate from Morocco and the translation. Luckily I had them both and mailed them next day, It's been 2 months since they received them and I am still waiting.

Good Luck.

you cannot be represented in the court of law in india to obtain a marriage certificate. hindu marriage act of 1956 requires that both the parties prove they are mentally capable of accepting the relationship in front of the registrar.

[pushbrk 12,883]

Hi everyone, good and bad news. After 8 months and requesting an expedite and contacting my congressman I just got an rfe for marriage certificate. When I had filed I sent in my marriage cert from the church and 1 affidavit. I knew I might get this, but many here had said it wasn't a problem. Now they want civil marriage cert or a church marriage cert and 2 affidavits? Anyone have any experience with this? Do I need to notarize the marriage cert from the church. The issue is getting a civil cert will take time and I will have to take a trip to india. I can go but not at the moment, work and other legal issues. What does everyone recommend. Also what should be included in the affidavit any sample forms out there I can reference. Maybe the one had sent was not what they expected or they need another? Thanks for any input. This is so hard. So close but yet so far away.

BTW forgot to mention this is for my I-130.

If your RFE is for a marriage certificate, they're looking for something official bearing a government seal.

Affidavits don't substitute for a marriage certificate. They are about the relationship, not about whether a wedding took place.

What do you have or can you get bearing an official goverment seal indicating your marriage is legally recognized?

[WaitingforRakesh 0]

Hello,

I did exactly what cmnb said. After we got married (Sikh wedding, my husband and I plus his parents and 4 witnesses went down to the court house) about a week after the actually ceremony. Actually, first we had to go to a lawyer, then go to the court house, they stamped our religous marriage certificate, get wait in line, they took our picture with his dad and I don't really remember who else.

In about less than a week we got the marriage cert. We request in the beginning to get it in English (2) orginals and that is what they did. It is really not too big of a deal as long as you have the orginal certificate. I think you also have to have your passports and one photo ID with your address on it. I think we brought marriage pictures too.

[WaitingforRakesh 0]

cmnb,

LOL, that is true about the money. Money talks in India.

[WaitingforRakesh 0]

Oh, also I had 2 avidavits. One from his brother and one from his sister, both who attended the wedding. I also had pictures sent in that showed both at the ceremony and party.

[SankuNiku 0]

Hi Rob,

Sorry to hear. Hope it gets sorted out quickly. Did you get the RFE by mail? How did you find out about it?

Thanks

Hi everyone, good and bad news. After 8 months and requesting an expedite and contacting my congressman I just got an rfe for marriage certificate. When I had filed I sent in my marriage cert from the church and 1 affidavit. I knew I might get this, but many here had said it wasn't a problem. Now they want civil marriage cert or a church marriage cert and 2 affidavits? Anyone have any experience with this? Do I need to notarize the marriage cert from the church. The issue is getting a civil cert will take time and I will have to take a trip to india. I can go but not at the moment, work and other legal issues. What does everyone recommend. Also what should be included in the affidavit any sample forms out there I can reference. Maybe the one had sent was not what they expected or they need another? Thanks for any input. This is so hard. So close but yet so far away.

BTW forgot to mention this is for my I-130.

[cmnb 0]

Hi everyone, good and bad news. After 8 months and requesting an expedite and contacting my congressman I just got an rfe for marriage certificate. When I had filed I sent in my marriage cert from the church and 1 affidavit. I knew I might get this, but many here had said it wasn't a problem. Now they want civil marriage cert or a church marriage cert and 2 affidavits? Anyone have any experience with this? Do I need to notarize the marriage cert from the church. The issue is getting a civil cert will take time and I will have to take a trip to india. I can go but not at the moment, work and other legal issues. What does everyone recommend. Also what should be included in the affidavit any sample forms out there I can reference. Maybe the one had sent was not what they expected or they need another? Thanks for any input. This is so hard. So close but yet so far away.

BTW forgot to mention this is for my I-130.

If your RFE is for a marriage certificate, they're looking for something official bearing a government seal.

Affidavits don't substitute for a marriage certificate. They are about the relationship, not about whether a wedding took place.

What do you have or can you get bearing an official goverment seal indicating your marriage is legally recognized?

true, affidavits do not substitute for a marriage certificate. but they can be written in a way that states that the wedding took place in front of a person and this affidavit is validated by the court of law in india by an official stamp on a "stamp paper" which is a legal document in india.