I-130 Petition for Alien Relative NOV 1 Questions

[Umair25051 0]

My wife and I got married in Aug 2018. At that time I had filed for Fiance Visa K-1. The interview was in Sep 2018. She was denied because we were married. We didn't think it would take as long to get an interview but it did and we were married by then. 

 

So I applied for spouse visa CR-1. I couldn't apply for visa right away after the denial of K-1 since we got married religiously and it wasn't legally registered under the laws (India). To acquire a legal marriage certificate, I flew back to India and got officially registered in June/July 2019 (10 Months after out initial ceremony). 

 

Now I received I-130 NOA1 requesting for more evidence.

 

First,

SUBMIT INDIAN MARRIAGE DOCUMENTS/NIKAH NAMA WITH ENGLISH TRANSLATION

It appears you and the beneficiary were married in a mosque and a Nikah Nama was issued to you. A Nikah

Nama is a legal document which should be submitted along with your marriage certificate. Submit a copy of your marriage contract (Nikah Nama) along with its corresponding English translation.

For immigration purposes in addition to the required evidence listed above, you should also submit photographs taken during your religious marriage ceremony and celebration. The Foreign Affairs Manual indicates that the document marriage certificate/Nikah Nama is available in India. Refer
to: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html

 

For this evidence I think they are just looking for Marriage Certificate from our Ceremony and also the official Marriage Certificate which I have and only submitted the official Marriage Certificate. So I will submit the other English Marriage Certificate from our ceremony which is the only one issued. I also checked the link attached above and it basically states that I am considered to be registered under the Special Marriage Act

 

Second, 

LATE REGISTERED MARRIAGE DOCUMENT

Upon review of the petition and supporting documentation, it has been determined that additional evidence regarding the marriage between you and the beneficiary be submitted. You have submitted a marriage certificate that has a delayed registration of approximately 10 months after the actual event occurred. As such, you are required to submit secondary evidence to establish the claimed marital relationship. Examples of secondary evidence may include, but is not limited to the following, submit as many items as possible:

 

• Church certificates
• Residence: Documentation showing that the claimed spouses resided together since the beginning of their claimed marital relationship.
• Photographs: Old family group photographs covering an extended period of time taken with the person(s) for whom you need to establish the relationship. Each photo must be identified with time, date and place taken.
• Correspondence: Old correspondence and envelopes must bear dates showing both the spouses’ names.
• Insurance Policies: These documents should indicate the beneficiary(ies) named and relationship to the policyholder.

 

The aforementioned items are just examples. Evidence submitted is not limited to these types of documents. Any document or evidence that will help to establish the relationship in question should be submitted for consideration. In addition, all secondary evidence must be contemporaneous with the event(s) in question. Evidence that originated back when the purported marriage occurred will be deemed more persuasive than evidence that was created as the result of this Request for Evidence.

If none of the above secondary evidence is available, you must first establish that such evidence is not available by submitting evidence on non-existence. After doing so, tertiary evidence, such as affidavits, may be submitted.

 

Affidavits: Affidavits shall be in the form of written statements sworn to or affirmed by at least two (2) persons who were living at the time of the event and have first-hand knowledge of the event. Each affidavit must contain the following information regarding the person making the affidavit: name, address, birth place, relationship to you and/or the beneficiary, and full information concerning the event, which includes how this knowledge was obtained.

 

For this evidence I am not sure what to submit. What does Late Registered Marriage and Secondary Evidence mean here? 

Residence proof: We didn't live together as much since I do not own any properties in her or my name in India. We stayed at a friends house while we were together. 

Photographs: I do have evidence of that but am unsure of what it means by time, date and place taken - Meaning just write it on the back on the photos?

Correspondence: Not sure what this means? - Chat history, Phone Calls ..etc?

Insurance Policies: Don't have any.

 

What else can I for evidence for this?

 

Affidavits: I did submit 4 affidavits with my original petition. 2 from each side. Submit them again? 

 

Thank you for all of your help!