What to do if I’m a US citizen and filed a form I-130 on behalf of my wife who is in India but I was asked to further validate our marriage certificate?

Recently, I received a letter that asked me to further validate the marriage certificate I submitted. Even though my marriage certificate was filed with an appropriate registrar, it didn’t say the word “registrar”. Instead it has a seal as well as the signature of the “marriage officer” along with witnesses. The RFE is asking me to provide the marriage certificate filed in front of the civil authority. Indian passports have a space where you can fill in spouses name. This will only be done with a valid marriage certificate. If I have my spouse include my name as her husband in the passport and have it re-issued, will that cause any further delays ?

Asked on August 9, 2014 under Immigration Law, Texas

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You have to present a valid marriage certificate.  If what you have is not exactly the same thing as what is being requested you can submit an explanation and some secondary evidence that the marriage is legal and bona fide.  You may have to contact the local office where the certificate was issued or get a statement from the officiating person to affirm that the marriage performed was valid and complied with the local rules and customs


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