GC For father - RFE for Marriage Certificate

[jaxfiler 3]

My father's I-130 and I-485 is pending since 10/15/2019. On Thursday we got an RFE that is asking for his marriage certificate. My mother passed away 4 years back and my parents did not have a marriage certificate, and so as part of the documentation for I-130 ,  we had submitted 2 Affidavits from relatives who had attended their marriage .  We cannot get a marriage certificate now since my mother is no more, and the government of India does not issue such certificates when one of the persons is not living anymore.

Did anybody else have this situation and how was this addressed ? We do have my mother's passport where my father is listed as the spouse. Would this be enough to satisfy this RFE ?

Thanks in advance .

[Crazy Cat 41,845]

34 minutes ago, jaxfiler said:

and the government of India does not issue such certificates when one of the persons is not living anymore.

Seriously?   That seems extremely odd, imo.  A person's death doesn't erase history.

[Mike E 11,739]

Time to lawyer up.  In lieu of a lawyer my guess is the legal advice would be:
 

* He needs to apply for his marriage certificate and get an official denial stating that marriage certificates are not issued when at least one of spouses is deceased.   This official letter of denial is essentially acknowledging that there was a marriage, your father was a husband, and his spouse was deceased.  If that isn’t a marriage certificate then I don’t know what is. 

and/or 

 

* Get DNA testing. You can get a cheap kit at Walgreens to verify that he is your father and then get testing at a USCIS approved lab.  

 

[jaxfiler 3]

I dont think it is the DNA testing, his name is in my birth certificate and they are not questioning that . They are asking about his marriage certificate. 

My mother's passport does list my fathers name in the name of spouse so should it not be enough ?