Published on Lawyers.com and the Epoch Times on August 21, 2015
Q & A 1. 2. 3. 4.
Q&A 1.
What is Alternative for Marriage Certificate for Filing I-485?
I am on H1B and my I-14o is approved. Would like to prepare the documents for I-485.
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.
Mr. Lee answers:
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.
Q&A 2.
How Can I Ask to Testify via Telephone for Immigration Court If I Am Unable to Make it to Court?
Mr. Lee Answers:
The power to decide whether a witness can testify by telephone rather than appearing in the immigration court is up to the immigration judge. Probably the best way is for the alien's attorney to make a motion to the court to allow telephonic testimony. Without such, there is the chance that the immigration judge will disallow the testimony on the date of the hearing.
Q&A 3.
Should I Let the NOIR Expire or Officially Withdraw My Husband's CR1 Case?
My husband and I have been expecting a Notice of Intent to Revoke from USCIS and got it today. We have been waiting to get it so we could decide if we wanted to pursue his immigration or have me move to his home country and live there for a few years and then reapply again. After a long discussion we decided we don't want to respond to the NOIR and will reapply in a year or two. Do I need to tell USCIS and officially withdraw or can I just let the 30 days expire? Will that hurt us in the future?
Mr. Lee answers:
If you are planning to travel to your husband's home country for the next year or so and then reapply, it would probably be best for you to respond to the NOIR and explain that you are withdrawing because you will be doing such traveling with your husband and will be reapplying at a future date.
Q&A 4.
What is My Current Status If I Was Approved for the DACA
Mr. Lee answers:
You are in a deferred action status, which means that U.S.C.I.S. will not take any steps to enforce your departure during the time that you are in the program. In addition, you are allowed employment privileges, and you can possibly obtain permission to leave the country and return on advance parole if there are emergent, business, or study reasons. Deferred action is a quasi legal status and is not a legal nonimmigrant status. Hopefully in the future, it can lead to permanent residence and eventual citizenship.
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