sim_5

Hi,
My Husband had his interview yesterday and Immigration officer-IO was satisfied with all his answers, when he asked for marriage certificate , my husband showed Indian certificate (History : we got married in april 2008 in California in religous ceremony at the time of marriage we were not aware that we should get legally registered in CA-California, when we contacted one of the attorneys before he applied for citizenship she advised getting registered -dated april 2008, we spent a day approaching the marriage clerk recorder, and superior court - family law to obtain a marriage certificate. But they said they cannot date it in 2008, when we told the lawyer the same, she said we just produce our indian marriage certificate- which we obtained by producing the marriage photos and affidavits from our parents to Indian marriage registrar in India)

Now when my husband produced the indian marriage certificate, the officer asked," when you got married in California, and you did not leave country except in 2005 for 40 days,we need CA marriage certificate, congratulated my husband and said, I would have accepted but if you send me CA marriage certificate, I will immediately pass your case". When my husband explained and even showed him business card of the clerk who helped us- in marriage recorder's office, saying we could not get marriage certificate dated 2008 and even asked the officer , " Is it ok if I produce current date marriage certificate?", seems like IO said " all I need is just a california marriage certificate and that should be good. "

We consulted our attorney and she said get registered today and send it explaining you could not get pre dated marriage certificate - dated 2008 and hence sending current date marriage certificate, we did the same, and sent the documents, received by the US citizenship office today morning.

In N400 form we have specified marriage date April 2008, hence tried to get pre dated certificate again but in vain. Hence we got married again in court to get present date marriage certificate.

PS: we also have daughter- born in 2009 and my husband produced her birth certificate to the officer which shows our both names clearly.

I want to know if the marriage certificate - current date will be accepted by officer and will my husband be passed onto next stage of Oath?

Please advice!!!
thanks in advance.

fatbrit

Is he basing his eligibility for naturalisation on marriage to a USC? Hopefully, not since despite your long story which I don't understand at all (and I enjoy le Carre novels so I don't think it's me!), you don't claim to have been married even 2 years.

MsElui

do what the officer told you. If there are then issues you can deal with them when they tell you.

ian-mstm

Your post is very confusing.

To be eligible for naturalization: 1) you must be a US citizen, 2) your husband must be a permanent resident (PR) for 3 years, and 3) you and your husband must be married for 3 years.

Has your husband been a PR for 3 years?

Ian

adjudicator89

Hi there,
I strongly agree with fatbrit and Ian. How could you even file for N400 based on your marriage, being married only for 2 years? Perhaps you meant to say 2007? Milan

scrubbedexpat099

Has it been more than 5 years since he got his permanent residency?

S Folinsky

I've read your post twice -- and I will say that there is no way to answer your question -- all I would have are more questions. One question I will ask -- if you are not married, would it make a difference your husband's immigration status? As your post is written, any answer will pure speculation. I will say that under limited circumstances, it is possible to get a judgment of existence of marriage as of a certain date.