marriage cerificate I-130 for Parents from Bangladesh - Marriage Certificate Issue

[nybd 0]

Hello VJers,

 

I hope all of you are well. I am requesting some additional help with my in-laws I-130. 

 

My wife is a USC and has petitioned for both of her parents at the same time. We recently received a notification that her mother's case was approved. Shortly after, we received a RFE notice for her father. There was an issue with the marriage certificate. 

 

Essentially, the issue is that the marriage certificate registration/notary date is decades after the actual marriage date took place. After reading through several threads, it looks like this isn't an uncommon problem when filing for elderly parents. 

 

The marriage took place almost 50 years ago in Bangladesh. During that time, it was very uncommon for marriages to get registered and the country was literally fighting a war. No such document exist from that time period that I am currently aware of. Not only that, the person who solemnized the marriage is long gone.

 

1. Would Affidavits from relatives be the next best evidence?

 

2. How does one go about obtaining evidence of the non-existence of the marriage certificate? 

 

3. Is there a template for such a affidavit and what are the most important pieces of info?

 

4. Should we get affidavits from her father's side and her mother's side (attesting to the marriage)?

 

5. Has anyone from Bangladesh or surrounding countries faced this specific issue and, if so, how did you successfully handle it?

 

6. Considering the circumstances, what other secondary evidence can we provide to either prove the marriage and/or prove that a marriage document from that era does not exist? 

 

We are currently trying to see if any possible pictures exist or, at the least, a trail of pictures with them and their kids. Would this be helpful? 

 

I am a bit worried because of a lack of documents behind the marriage. Obtaining affidavits should be doable but they are counted as tertiary evidence - not even secondary. Who would have thought a couple who has been married for half a century would ever need to prove their relationship?

 

Thank you for everyone who reads this and provides any helpful info. I am sorry for the wordy post. I hope someone, like myself, can search and benefit from this. 

 

[Mike E 11,742]

I think  that in this case the primary concern is not the authenticity of marriage certificate but evidence of paternity. So my guess is DNA paternity testing will be needed. 

[nybd 0]

18 hours ago, Mike E said:

I think  that in this case the primary concern is not the authenticity of marriage certificate but evidence of paternity. So my guess is DNA paternity testing will be needed. 

Hmm - thanks for your reply. That's certainly an interesting take on this. Judging by what the letter says, it seems they are really more worried about the relationship of the husband and wife. How would one go about being proactive and do a DNA paternity test before they ask? Or can we only do one IF they ask? 

[Mike E 11,742]

28 minutes ago, nybd said:

Hmm - thanks for your reply. That's certainly an interesting take on this. Judging by what the letter says, it seems they are really more worried about the relationship of the husband and wife.

RFE: request for evidence: what evidence is being requested?
 

As per https://www.visajourney.com/guides/us-immigration-guide-for-parents/ there are different degrees of evidence for petitioning a father who sired a petioner in wedlock versus without.   Was the marriage registered before your wife’s  birth?  Before she turned age 18?  Or after? 

 

Quote

 

 How would one go about being proactive and do a DNA paternity test before they ask? Or can we only do one IF they ask? 

You can do some searching here or on the broader web to see if proactive DNA testing is successful for visas out of Bangladesh, but I suspect you will have to wait for the embassy.  

Edited March 12, 2022 by Mike E