Has anyone ever been asked to provide a certificate of non-existence of record of marriage?

[ketahpahnen 6]

We filed a second K-1 Visa in March 2014, and have been asked by USCIS to provide a certificate of non-existence of record of marriage. We had our first application returned for further review, stating they found information and believed him to be married. We tried to attest this finding because it was untrue, but since our application was expired there was nothing futher they would do.

He has never been married and we provided documentation to provide proof of this from the Ministry of the Interior in Egypt. Is there anyone that has been asked to provide this document that can help me in this situation. We only have until August to provide this information and could use all the help we can get. thanks

[Heather&Ramy 22]

I'm not sure I understand... so you filed two separate times, and the first time they asked for proof of singleness but it expired before you could give the proof, and now you have refiled and they are asking for it again? Did you send it in this second time and they rejected it, or are you trying to verify that is the correct thing to send in before you do it?

I believe that is the correct document you got from the ministry of interior, from other cases I have heard like yours. I'm just not sure why the USCIS wouldn't accept it at this point. Hope some others will be able to chime in to help you. Good luck.

[ketahpahnen 6]

Our first attempt was sent back to USCIS asking for further review. We were not allowed to disprove their findings due to the fact that the petition was past the 4 month expiration date. I front loaded our second petition with the Ministry of Interior document to prove that he is in fact Single and has never been married. Now I have received the RFE from USCIS asking for something else to prove his marital status. I did talk to a Immigration Services Officer yesterday. She said that it is possible that they missed the evidence we provided, and I should write them a letter stating The evidence has been provided and that he is unable to obtain the documents requested due to the fact that he has never been married..

[Ebunoluwa 6,136]

Our first attempt was sent back to USCIS asking for further review. We were not allowed to disprove their findings due to the fact that the petition was past the 4 month expiration date. I front loaded our second petition with the Ministry of Interior document to prove that he is in fact Single and has never been married. Now I have received the RFE from USCIS asking for something else to prove his marital status. I did talk to a Immigration Services Officer yesterday. She said that it is possible that they missed the evidence we provided, and I should write them a letter stating The evidence has been provided and that he is unable to obtain the documents requested due to the fact that he has never been married..

Can you upload the RFE as it is important to understand word for word exactly what they asking for, just black out your personal info.

It does indeed happen that USCIC will miss a certain document and send an RFE but perhaps they want something different, so please

let us know the exact wording.

Does the document you frontloaded have an official seal or stamp on it ? It would be a 'certificate of bachelor or single status'.

I hope they just missed it in your package, did you have it listed on a cover letter with your petition ?

Even if they have missed it, a letter saying you already send it will not do. You must have the beneficiary get it again and submit it.

Then, if approved, get another one for the embassy.

You have to do whatever it takes to proof that he is single / never was married with an official document from the registry.

[Ebunoluwa 6,136]

You said the congressman said to write a letter that the proof had been already send the first time but that he is unable to provide the document requested.

That does not sound right to me, you did already send it so how can he be unable to obtain it a second time ?

He needs a certificate of bachelor /single status and that he can obtain from the registry ......if he would be in fact listed with them as

being married only then would he not be able to obtain one.

I hope someone will come along that has been through the same situation and can shed light on exactly where he can go to get one that

is satisfactory to USCIS.

[Ihavequestions 419]

All he has to do is go to his local police station and request a Family Status document. Marriages are associated with official ID numbers, so this would be easy to do.

[ketahpahnen 6]

Here is a word-for-work typed copy of the RFE from the USCIS. It is only the second page, but it has all the important information and the paperwork they are asking for. Thank you for the input, we want to make sure that we have exactly what they are looking for so our petition can move forward and will not be denied.

RFE deadline is August 14, 2014

*Each petition must have its own set of supporting documents in the event that multiple petitions become separated. Also, each response to a U.S. Citizenship and Immigration Services (USCIS) request must be accompanied by its blue I-797.

*All foreign language documents must be submitted with complete word-for-word English translations. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate. Do not submit the English translation without the foreign language document.

MARRIAGE TERMINATION: Records from the American Consular Section in Cairo indicate that the beneficiary was married on June 30, 2011. Therefore, the petitioner must submit a legible copy of the final divorce decree signed by a judge or magistrate that shows proof of filing, or the death certificate issued by the civil authorities, that terminated the prior marriage between __and__.

If the beneficiary has never been married, the petitioner must submit a civilly-issued certificate of non-existence of record of marriage. The certificates of non-existence of record must reflect that the civil authorities searched the marriage records for __and__ from the years 2003 to the present.

IMPORTANT: Affidavits may NOT be submitted in lieu of certificates of non-existence. The petitioner must obtain either the divorce decree, death certificate, or a certificate of non-existence of marriage record, from:

• The Civil Affairs Administration.

The Departments of State's Foreign Affairs Manual, Volume 9, indicates that civil documents from Egypt are available. For further information on obtaining documents from that country, please visit the following website and select the appropriate country: http://travel.state.gov/visa/fees/fees_3272.html

If the petitioner submits certificates of non-existence reflecting a query of a different time period, names spelled differently, such certificates will not be accepted and the petition will be denied.

Compliance With the International Marriage Broker Regulation Act (IMBRA)

Filing Limitations

IMBRA imposes limitations on the number of petitions a petitioner may file or have approved without seeking a waiver of those limitations.

You must apply for a filing limitations waiver if either of the following apply:

a. You have previously filed Form I-129F, K-1 fiancé(e) petitions for two or more beneficiaries at any time in the past; or

b. You previously had a K-1 fiancé(e) petition approved and less than 2 years have passed since the filing date of such previously approved petition.

Multiple filer, No Disqualifying Convictions (General Waiver):

If you met the filing limitations described above, you must file a waiver. To apply for a waiver, you must attach a signed and dated request for the waiver, explaining why a waiver is appropriate in your case, together with any evidence in support of the request. Examples of such

[Ebunoluwa 6,136]

Can he go to the police station as the previous poster had suggested ?

[Ebunoluwa 6,136]

Have you previously filed before or is the specific single status request just running together with the generalized IMBRA paragraph on

the sheet ?

[ketahpahnen 6]

I am unsure about the IMBRA paragraph, my understanding i that you only need to apply for a waiver if you are filing another application with someone OTHER THAN the person you petitioned for the first time. But thank you for pointing it out, i will look into it and make sure that I do not need to apply for the waiver.

[Ebunoluwa 6,136]

What Filing Limitations Does IMBRA Place on K-1 Nonimmigrant Petitioners?
a. You have previously filed K-1 petitions for two or more beneficiaries; or
You must apply for a filing limitations waiver if any of the following apply:
b. You previously had a K-1 petition approved and less than 2 years have passed since the filing date of such previously
approved petition.

To request a waiver, submit a written request with this petition accompanied by documentation supporting your claim
to the waiver.

http://www.visajourney.com/forums/topic/217702-applying-again-for-k1-for-the-same-person/

http://www.visajourney.com/forums/topic/216980-refiling-for-same-beneficiary/


I would include a waiver, just a short paragraph that if you fall under the multiple filings Imbra waiver then you request a waiver.

Better safe than sorry.

[Ebunoluwa 6,136]

http://www.visajourney.com/forums/topic/53412-imbra-multiple-petition-waiver-article/

Old thread, not sure how it currently is with re filing for same beneficiary. I did include a waiver myself for my re file.

[Ihavequestions 419]

MARRIAGE TERMINATION: Records from the American Consular Section in Cairo indicate that the beneficiary was married on June 30, 2011.

Is it possible that there is a nikah (marriage contract) out there somewhere that was not followed up with a wedding party, so culturally, your fiance has never been married, but legally he has? Those things happen.

Either that or he really was married - full on married - and never divorced.

Something has caught the caught the government's attention, and whatever that is includes his name, his ID number, and a date, and it says he was married and without a divorce document, you're stuck.

[Possiblymaybe 371]

Based on the wording of the RFE, they believe your fiance to be married, so the document that people usually provide to prove they are single does not seem to be sufficient for this case. To prove that he is not married (and never was married to this woman) he needs to show proof that the civil authorities have conducted an adequate search on both your finance and the woman they believe him to be married to over a specified time period (here they ask since 2003). It seems to be pretty clear what they are asking for, but it may not be so straightforward to obtain.

Also, they are asking for the IMBRA waiver.

[ketahpahnen 6]

Is it possible that there is a nikah (marriage contract) out there somewhere that was not followed up with a wedding party, so culturally, your fiance has never been married, but legally he has? Those things happen.

Either that or he really was married - full on married - and never divorced.

Something has caught the caught the government's attention, and whatever that is includes his name, his ID number, and a date, and it says he was married and without a divorce document, you're stuck.

We inquired about this at the local police station. and he was able to find out that his name is similar to the husbands name but it is not exact. There is no nikah, and he is adamant that he has never before been married. He has that proof from the ministry, we are only hoping to find out where to get this specific paperwork that USCIS is asking for.