Has anyone side loaded a CR1 RFE?

[KierenHby 899]

10 minutes ago, amul said:

 

Can you point out where we went wrong, perhaps besides not including the religious marriage document from Arya Samaj? 

Add that last bit, if haven't already. 

[agripa 100]

1 minute ago, amul said:

P.S: We spent hours getting things done the right way as well 

Amen to that amul. We spent several days waiting around the sub-registration marriage. At multiple times, they asked for a bribe, which we REFUSED to pay. We filled out every single form and waited in line for hours and hours to get things done the right way.

[amul 229]

5 minutes ago, agripa said:

Amen to that amul. We spent several days waiting around the sub-registration marriage. At multiple times, they asked for a bribe, which we REFUSED to pay. We filled out every single form and waited in line for hours and hours to get things done the right way.

Yes, us too and we were in a place that was not so open minded to our kind of a marriage, so we got stared at for what seemed like weeks... 

[amul 229]

8 minutes ago, KierenHby said:

Add that last bit, if haven't already. 

Doing that this week, plus a bit of sideloading 

[Jaanu2017 1]

21 hours ago, amul said:

Agripa -- you had a huge wedding and lots to show, but our case already has flags and I was so thorough that I tried to include enough to show our intent, yet I failed on this certificate mertificate thing!

 

Anyhow,  I think  (and hope) you are going to be fine -- try not to stress out.  

 

P.S: We spent hours getting things done the right way as well 

 You have said in your posting that your case has already been flagged then what kind of flag you are talking about, dear? The RFE??

[Jaanu2017 1]

On January 16, 2017 at 2:58 PM, agripa said:

Thanks for the information KierenHby. This thread is absolutely scaring the living daylights out of me. My wife and I had a huge traditional Hindu Indian wedding. We had a priest and everything, but he didn't sign any document or anything like that. In fact, none of my many many Indian relatives who have gotten married ever received a certificate from the priest itself. Rather, you then take some proof of your wedding (pictures, wedding invitation) and register your marriage at a Registrar's office. In fact, this is exactly what the Embassy website is saying --

 

See even they admit the certificate for a religious institution isn't legally binding and you need to go seek a certificate from the Registrar of Marriages. This is EXACTLY the certificate the OP sent in and yet they've sent him an RFE simply because the certificate says "Registration of Hindu Marriage" as opposed to "Marriage Certificate"; yet both the US State Department and the US Embassy website says you have to obtain a formal certificate form the Registrar of Marriage. It seems like someone at USCIS simply doesn't know what's going on.

 

In my I-130 packet I've included --

1. The Marriage Registration Certificate.
2. Affidavits from multiple people saying they attended the wedding.
3. Numerous pictures of our huge Indian wedding.
4. Copies of Wedding Invitations.

In any case, after freaking out about this thread, I've asked my wife to try and collect the following --

1. A sworn affidavit from the priest who performed our wedding.
2. A copy of our application we filled out to obtain our marriage certificate (the "Memorandum of Marriage"). It's unclear if the Marriage Registration office saves this or not. I sincerely hope they did.
3. Any other possible documentation from the Marriage Registration office that attests to the fact that our Marriage Registration certificate is a legitimate wedding certificate. 

This whole thing seems infuriating since we've done everything by the book.

 

I don't think you need to be scared or worried of anything because you have enough evidences of your marriage especially a colorful traditional wedding which they focus more than anything else. Also, keep it in mind that one stroke doesn't work for everyone. Each adjudication officer is different, so obviously their modus operandi is different too. For example, my wife and I were married in a law office in Ghazibad, UP in India who has Arya Samaj Temple on the premise and they are the one who  would take you to the courthouse to register your marriage which is located just a few blocks away from their office after getting you married in their Arya Samaj Mandir. I had a plan to get married on the day of wedding after setting up the appointment to get married with the lawyer who already advised me what I need to bring with me, but I dropped that my plan in the early morning of my wedding because my 2 married sisters changed their mind and decided that they don't want to attend my wedding, which I later on I found out that it was their husbands' idea because they don't want to give/spend any "money" as my marriage-gift, so they used the excuse that they don't want any trouble for themselves later on from my wife's father because my wife is just 18 ..being too young and her father is a very prominent Supreme Court lawyer. 

 

So my wife and I changed our minds to get married on that day because we didn't have any witnesses anyway which we needed it anyway...and it was too much drama in the family that day. But we anyway decided to go to the lawyer and see how they do things...It was VERY far from our house. I was living in Delhi and this law firm was in UP...Not that close but not that far either. Given how UP is in general compared to big and cosmopolitan city of Delhi, I was so shocked and amazed when I reached to the law firm because it was a big building with modern design and big board of marriage thing. I went there to speak to lawyer about how they do things there...They explained to me everything...They had a lot of ladies working there...Everything they took care of it within an hour or two right there. They already told me what to bring, so I had everything with me even though I didn't go there with the intention of getting married. They first completed all the paperwork formality and then they have Arya Samaj Mandir...pandit everything there...Got married quickly...They issued right then and there Arya Samaj Mandir's marriage Certificate...They even provided two required witnesses with a fee...And took us right away to the local courthouse to get our marriage registered and we walked out of courthouse with a marriage certificate.

 

Everything got wrapped up within 2 hours. So, keep it in mind that there were so many people were working and each person has different task to carry on...For example, two ladies will take care of paperwork for everyone...some were recording our conversation while doing paperwork to keep some evidences that bride and groom testified what we said...and then we were told to go downstair to the mandir to get married...over there different people were ready fully to get us married with photographers...and those instant photos they used to register our marriage in the court...After that, there were different people who handle court's things...Everything was very smooth and professional. Those people had a setting in the court...Everyone in courthouse knew these people, so everything went so quick and smooth. I was never asked to submit No objection Certificate from US Embassy as I'm an American citizen. Lawyer already told me that no need if I'm going to use some Indian address. I submitted ONLY my marriage certificate to USCIS when I filed my wife's case...It's the same marriage certificate which I received from the courthouse after my marriage got registered. I never received any REF or anything of this. I had also submitted only 3 photos that they took instantly in the Arya Samaj Mandir...That's is.

 

So, what I'm saying is that different adjudication officer and different their modus operandi. Honestly, people do not need anything other than just a marriage certificate from the court AND a few marriage pictures. That's all. However, the Consular officers in India want to see tons of pictures of colorful religious/traditional wedding as they are aware of Indian tradition when it comes to a marriage. I never have had religious/traditional wedding in front of relatives and friends, which might be the case for them to be suspicious. Nevertheless, my wife's case has NOT been denied yet, instead its under AP as they are still investigating. They are still calling anyone or everyone from the contact's list of my wife's phone which they took from her during the interview to see if people knew about is being married. If I knew all this, I would have done things differently, but there is nothing I could do now but we told the truth about EVERYTHING from the beginning, which is why my ex wife came in the picture which raised their eye-brow more wide...but we are still standing based on the truth...and we will see what would happen...I have not lost my hope yet...I have so many options available if CO refuses to issue a visa to my wife.

 

Not only I'm going to India in 9 days from now to stay with my wife for 2 months, but we have many plans to gather evidences like many marriages and events we are going to attend like marriages in the family...we even have planned our honeymoon even though its after 2 years...lols...and of course making her pregnant...lols...not only to create evidence of bonafide (even though it might not carry much weight before kid comes out) but I think its the time for us to start our family. So see what would happen. Yes, I have many red flags but none of them raised up to the level of denying a case right out when it comes to legality. Norm or consular officer's discretion...or personal views of officers don't matter..Yes, they can refuse to issue visa but there are many channels over them to review the case who might not make the decision based on personal opinions, norm or without the basis in laws especially US federal courts. So its far from over. It's just the beginning for us. I'm just not yet ready to give up..especially this easily and without a good fight...I have been living in the US for more than 27 years and I also paid taxes and not even one bad history I have...not even a traffic ticket. I know that having a immigrant visa is a privilege than a right but laws are made not to separate US citizens from their spouses too for no apparent reason. Anyway, enough said.

 

I think you should not think much right now. What happen in other people's case, doesn't mean it would happen to you too. Same goes the fact that you might not be able to sail smoothly and without any problem just because they did. Each case is unique and is decided based on its own merit by different officer. Best of luck...