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Format for Affedavit of marriage acceptable to INS

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Format for Affedavit of marriage acceptable to INS

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Old Apr 6th 2002, 1:50 pm
  #1  
Rakesh Verma
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Default Format for Affedavit of marriage acceptable to INS

We have received the Request of Evidance from INS in response to our application
(485) of change of status. Since our marriage certificate is not available we have
been requested to produce affidavits from two relatives who witnessed the marriage.

If some one has appropriate languae or standard format normally acceptable to INS for
the affidavit can you share with us??
 
Old Nov 12th 2002, 6:34 pm
  #2  
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Joined: Nov 2002
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sbhartia is an unknown quantity at this point
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Dear Mr. Rakesh,

We are filing for our 485, we also donot have a marriage certificate.
We were married in india and never registered the marriage.

Can you please please advise me what format affidavit
you used to get
your 485 approved ??


Please do answer.. I will really really appreciate yourhelp.

regards,
Saurabh

[email protected]
sbhartia is offline  
Old Nov 13th 2002, 3:13 am
  #3  
Chris Parker
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Default Re: Format for Affedavit of marriage acceptable to INS

    > We are filing for our 485, we also donot have a marriage certificate.
    > We were married in india and never registered the marriage.

I think you should register the marriage, and then you'll have the
certificate you need. In general, it is the policy of the United
States that unrecorded legal documents are not recognized as legal
until recorded as provided by law.

Therefore, your marriage is not legal until you register it and cannot
be used to apply for immigration benefits.

CP
 
Old Nov 13th 2002, 9:50 pm
  #4  
Ingo Pakleppa
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Default Re: Format for Affedavit of marriage acceptable to INS

On Tue, 12 Nov 2002 23:34:48 -0800, sbhartia wrote:


    > Dear Mr. Rakesh,
    >
    > We are filing for our 485, we also donot have a marriage certificate.
    > We were married in india and never registered the marriage.
    >
    > Can you please please advise me what format affidavit
    > you used to get
    > your 485 approved ??
    >
    >
    > Please do answer.. I will really really appreciate yourhelp.
    >
    > regards,
    > Saurabh
    >
    > [email protected]

The easiest solution is to simply get another civil marriage in the USA
itself. There is no law against marrying a second time, as long as you
marry the same partner ;-).

If that is not an option for you, and the marriage is considered legally
valid in India, then you could get a certificate from the Indian
government (probably from the town or province where you got married)
certifying that there is no marriage certificate, and affidavits from
several people who were present at the wedding and can confirm that it is
valid.

However, this procedure is generally only used for missing birth
certificates; missing marriage certificates are easier to fix by
re-marrying, so I doubt that many people get all these affidavits.
 
Old Nov 14th 2002, 5:11 am
  #5  
Sylvia Ottemoeller
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Default Re: Format for Affedavit of marriage acceptable to INS

"sbhartia" wrote in message
news:[email protected]...

    > We are filing for our 485, we also donot have a marriage certificate.
    > We were married in india and never registered the marriage.
    > Can you please please advise me what format affidavit
    > you used to get
    > your 485 approved ??

Here is a sample affidavit in lieu of birth certificate:
http://www.immihelp.com/gc/aos/birth_affidavit.html. You can change the
wording to refer to the marriage of you and your spouse. Also, be sure to
make at least an attempt to get a non-availability certificate.

Here is a source for this answer:
http://www.travel.state.gov/reciprocity/index.htm. A quote: "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."

If you get two affidavits and a non-availabilty certificate, I don't think
you will have a problem.
 

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