I-130 Request for Evidence: marriage certificate

[timcornelissen 6]

Hi all,

Just looking to get some answers/advice on a Request For Evidence (RFE) that we just received for our I-130>CR1 application. We submitted our application online in March 2022, but have now received a RFE to paper mail a copy of our marriage certificate. We are quite confused because we submitted our marriage certificate in the online application (just double-checked). Why would they ask for a photocopy now? The only thing I can think of is that the file we submitted was not high enough quality. They're not asking for an original, so a photocopy would basically just be a printout of this file (although I will make sure to get a better quality). The certificate is in both Dutch and English, so that should not have been an issue either.

 

This was the wording of the letter:

Quote

SUBMIT MARRIAGE CERTIFICATE
Submit a photocopy of the marriage certificate for the marriage on XXXXX, 2021, between the
petitioner and XXXX. For the marriage to be considered valid for immigration purposes, it must:

• Be legally valid in the location where the marriage took place
• Be issued by the appropriate civil authority and
• Include the date of registration and seal and signature of the registrar.

 

It then goes on about secondary evidence:

Quote

UNAVAILABLE OR NON-EXISTENT RECORDS (If primary evidence not available)

When primary evidence is unavailable or non-existent, you must submit secondary evidence to establish the claimed relationship. If a record does not exist, you must submit an original written statement on government letterhead establishing this from the relevant government or other authority. (...)

SECONDARY EVIDENCE

Submit the oldest available secondary evidence to establish your marriage on XXXX, 2021, between the petitioner and XXXX. Submit as much evidence as possible. Evidence that coincides with the date of the event is the most reliable and persuasive for establishing the claimed relationship. This evidence may include, but is not limited to:

(... List of evidence...)
 

AFFIDAVITS (IF SECONDARY EVIDENCE IS NOT AVAILABLE)

If none of the above secondary evidence is available, you must establish that such evidence is not available by submitting evidence of non-existence.

(...Details on affidavits...)

So if I read this correctly, we shouldn't submit any secondary evidence (or affidavits) at this point, right? Just a copy of the marriage certificate should be enough?

 

Is it normal to receive a RFE like this? I searched around and it seems random RFEs are not uncommon, although with online filing the possibility of them missing a document should be eliminated.

 

Does anyone have an idea of how long a delay we can expect because of this? On the one hand I am happy that our case is now at someone's desk, but I'm afraid they might sit on it once we have submitted our evidence.

 

Thanks!

Tim

[Timona 4,207]

Just provide it again. Simple.

[pushbrk 12,814]

5 hours ago, Timona said:

Just provide it again. Simple.

Only if the correct document was supplied to begin with.  For The Netherlands it would be....

 

Marriage Certificates

Available

Fees: Vary depending or administrative district municipality/ City Hall within the Netherlands

Document Name: Afschrift van een huwelijksakte, Dienst Publiek Zaken, Burgelijke Stand

Issuing Authority: Civil Registry Office where the marriage was registered.

Special Seal(s) / Color / Format: Local registrar’s office official seal, white paper, different format depending on issuance date

Issuing Authority Personnel Title: Civil servant officer at the registrar’s office

Registration Criteria: There are no registration criteria

Procedure for Obtaining: Differs per municipality. Online; Personal appearance; Submit written request to the City Hall/municipality place of marriage

Certified Copies Available: Certified copies are not  available

Alternate Documents: Marriage booklet

Exceptions: None

Comments: Available for both same-sex and opposite-sex couples (same-sex marriage was legalized in the Netherlands on April 1, 2001). Dutch law only acknowledges civil marriages, performed by a registrar of marriages (ambtenaar van de burgerlijke stand) Available in standard Dutch language and international versions

 

 

NOTE to the OP.  You have not applied for anything yet.  You submitted a petition for alien relative, in behalf of your spouse.  When YOUR petition is approved, your spouse will be invited to apply for a visa.  Whether that visa will be CR1 or IR1 depends on how long you've been married when the visa is issued.

Edited December 30, 2022 by pushbrk

[timcornelissen 6]

Thank you for the replies. The certificate we provided is the one @pushbrk describes (the international version of the extract of the municipal marriage record), so that is why we were a bit confused why they are requesting another (paper) copy now. So we just wanted to make sure we're not missing something. But as @Timona says, nothing to do but submitting a paper copy and hoping this does not cause too much delay.

 

I do wonder whether they want the original of the certificate from the municipality (with stamp and signature), as this is already an extract of the marriage records. A true marriage certificate does not exist in the Netherlands, you can only request this extract (multiple times if necesary). But I guess this extract would be considered the original marriage certificate, so I assume they want a photocopy of that.

 

Thanks for the reminder on the terminology @pushbrk, I keep forgetting that the actual application is not until later in this process.

 

[Troy B 223]

Did you include both the front and back of all the marriage record?

 

Also slight nitpick,  CR1 or IR1 ultimately depends on when the visa is used,  not issued.