Quick question on RFE

[jaycalob 1]

Hello! Our interview was presumably waived as they sent an RFE after canceling our interview asking for everything we would have taken to the interview. However, one of the things they’re asking for is strange. It reads as below:

If you have never been married, you must submit letter(s) from the government agency authorized to issue such letters certifying that there is “No Record” of marriage under your name.
 

what kind of form is this? Does my wife need to get a document sent all the way from Japan? And is there such for in America? 

[SteveInBostonI130 3,471]

This is for AOS from K1?  

 

That statement should not apply to you.  You need to be married to adjust status.

[Rocio0010 5,580]

17 minutes ago, SteveInBostonI130 said:

This is for AOS from K1?  

 

That statement should not apply to you.  You need to be married to adjust status.

It does apply. It’s not saying that OP’s wife is not married. It says that “if she’s ever been married before…”

 

OP, my interview was waived and we got the letter asking for the evidence we were going to show at the interview. It did not, however, request a letter stating that I’d never been married. Therefore, it’s not that common.

Has your wife ever applied for a visa before? 

[Rocio0010 5,580]

1 hour ago, jaycalob said:

Does my wife need to get a document sent all the way from Japan?

Looks like it.

1 hour ago, jaycalob said:

And is there such for in America? 

That’s irrelevant, because such form needs to be obtained from Japan, not The US.

[jaycalob 1]

Just now, Rocio0010 said:

Looks like it.

That’s irrelevant, because such form needs to be obtained from Japan, not The US.

She has never applied for a visa before. The wording is very strange. She would need to be present in Japan to usually obtain such documents and you can’t leave the US. So it seems like an impossible task. 

[jaycalob 1]

5 minutes ago, Rocio0010 said:

Looks like it.

That’s irrelevant, because such form needs to be obtained from Japan, not The US.

Also, our marriage is registered in Japan. How would she obtain a letter that says there is no record when there is a record? Makes no sense. 

[Rocio0010 5,580]

37 minutes ago, jaycalob said:

Also, our marriage is registered in Japan. How would she obtain a letter that says there is no record when there is a record? Makes no sense. 

Ok, just to make it clear: the record they have is of her marriage to you. That’s fine. For some reason, they are wanting her to produce a Single Status Certificate. 
It seems that it is a document that they can produce at her municipality. 
Prior to giving more advice, we would need you to complete your timeline. That would help people see where you’re at the process.

Are you adjusting status from a K1? meaning, she had a K1 visa, came to the US, married you and is now adjusting status within the US?
 

[jaycalob 1]

7 minutes ago, Rocio0010 said:

Ok, just to make it clear: the record they have is of her marriage to you. That’s fine. For some reason, they are wanting her to produce a Single Status Certificate. 
It seems that it is a document that they can produce at her municipality. 
Prior to giving more advice, we would need you to complete your timeline. That would help people see where you’re at the process.

Are you adjusting status from a K1? meaning, she had a K1 visa, came to the US, married you and is now adjusting status within the US?
 

That is correct. She came here on a K1 visa. 

[Rocio0010 5,580]

13 minutes ago, jaycalob said:

That is correct. She came here on a K1 visa. 

Then I would contact the Japanese embassy, explain the situation, and see what they say.

Does she not have anyone in Japan that could go to the registrar and request that document?

1 hour ago, jaycalob said:

Also, our marriage is registered in Japan. How would she obtain a letter that says there is no record when there is a record? Makes no sense. 

Just to be clear, they know she’s married to you. They want her to prove that she’s never been married before your current marriage.

[Lil bear 4,261]

19 minutes ago, jaycalob said:

That is correct. She came here on a K1 visa. 

Maybe ask your question in your country sub forum. Maybe theres someone who has encountered this before in their journey..  

[jaycalob 1]

14 minutes ago, Rocio0010 said:

Then I would contact the Japanese embassy, explain the situation, and see what they say.

Does she not have anyone in Japan that could go to the registrar and request that document?

Just to be clear, they know she’s married to you. They want her to prove that she’s never been married before your current marriage.

I think we might have to. It's such an odd thing to ask for and I have found absolutely no one online who needed to provide the same document. This is the exact wording of the RFE.

 

Submit the marriage certificate for the marriage of xxxxxx. The marriage certificate must be issued by the government agency authorized to issue the document. For immigration purposes, the marriage must have been registered with the government agency authorized to register marriages from the location where the marriage took place. The marriage certificate must have the seal of the issuing office, the date of registration, and signature of the registrar.

 

If you have never been married, you must submit letter(s) from the government agency authorized to issue such letters certifying that there is “No Record” of marriage under your name.

 

Usually in Japan, the person needs to be present to obtain personal documents like that. And she can't just leave America to go back home to Japan to get this document.

[JeanneAdil 6,583]

1 hour ago, jaycalob said:

Also, our marriage is registered in Japan. How would she obtain a letter that says there is no record when there is a record? Makes no sense. 

If she has to be in Japan to register this marriage and she could not leave the US,   How then did this happen?

seems they think u married in Japan  and came on a K1

and in that case the RFE is not so strange

 

[jaycalob 1]

Just now, JeanneAdil said:

If she has to be in Japan to register this marriage and she could not leave the US,   How then did this happen?

seems they think u married in Japan  and came on a K1

and in that case the RFE is not so strange

 

We registered our marriage in Japan via the embassy closest to us. This was done months after we gotten married in the US after she came to America on a K1.

[SalishSea 17,980]

4 hours ago, jaycalob said:

And is there such for in America? 

Nope.

[SteveInBostonI130 3,471]

1 hour ago, Rocio0010 said:

Then I would contact the Japanese embassy, explain the situation, and see what they say.

Does she not have anyone in Japan that could go to the registrar and request that document?

Just to be clear, they know she’s married to you. They want her to prove that she’s never been married before your current marriage.

 

That is vetted as part of the K-1 visa.  It would have been verified by the I-129F and at the interview.  That is why it should not be relevant when someone is adjusting status from a K1.

 

1 hour ago, jaycalob said:

We registered our marriage in Japan via the embassy closest to us. This was done months after we gotten married in the US after she came to America on a K1.

 

Typically the marriage certificate from your local jurisdiction in the US is all that is needed.  Did you include this evidence of you registering the marriage at the embassy in your AOS package?  That may be what is confusing USCIS.