QUESTION

What is alternative for marraige certficate for filing I-485? I am on H1B and my I-14o is approved. Would like to prepare the documents for I-485.

Asked on Nov 05th, 2014 on Immigration - Virginia
More details to this question:
I am from India and I am on H1B visa here in US and my I-140 is approved. I did not register my marriage, so I don't have my marriage certificate now. My priority date is still not current. But I want to be proactive and make ready all documents ready for I-485. So I would like to know what is the alternative for marriage certificate that I can provide? I heard that affidavits from parents will do. Please confirm whether that is true or not.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
The marriage certificate is more important to the dependent than to a principal applicant for immigration. That being said, the below is information from the Foreign Affairs Manual which is used by both the Department of State and U.S.C.I.S. in determining the types of documents that are acceptable. I doubt whether affidavits are by themselves acceptable as evidence of marriage. Marriage Certificates Available. The Hindu and Muslim communities do not usually register marriages, however, marriages by Hindus, Buddhists, Jains or Sikhs may be voluntarily registered under the Hindu Marriage Act of l955. This Act does not apply to Muslims, Parsis, Jews or Christians, who may register their marriages under the Special Marriage Act of l954, or the Christian Marriage Act. Marriage certificates for marriages registered under these Acts may be obtained from the offices of Government Registrar of Marriages, which are located in the headquarters of each district. The certificate will be issued by the Registrar only if the bride and groom personally appear before the official and pay the required fee. A certificate of marriage between Muslims is usually issued by the priest who performed the ceremony. The document is in the Urdu language, and a certified translation is required. Marriages between Christians are usually obtainable from Church records. If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding. Note: A document termed as "Marriage Agreement" or "Deed of Marriage" to live as man and wife (under the Registration Act of l908) is not confirmation of a marriage solemnized legally under the Indian Marriage Acts now in force. Such a document does not confer upon the contracting parties' legal marital status under the law. . Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 02nd, 2014 at 11:21 AM

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