I-130 Denied for Marriage certificate being insufficient - EOIR-29? HELP please...

[aliciaearnest 0]

Hi everyone,

I just received a letter saying that my petition for I-130 was denied.

Here is what happened:

A month or so ago we received a request for evidence to prove that my husband (US citizen) and I (French) were married. We had originally provided our CERTIFIED marriage certificate in the package. My lawyer thought that they maybe didn't see the page properly as we had it devided into two pages (certificate is legal size). So she replied to them with another copy of our marriage certificate but put the last page first and let them know that in Texas it was the only document available.

Yesterday I received the letter saying my petition was denied. Here is what it says:
"On July, 20 2015, the petitioner submitted a Marriage licence and certificate which does not indicate that the arriage has been registed with a civil authority from the location where the marriage took place. In addition, the document does not state when the marriage occurred and where the marriage occurred; only that Rites if Matrimony were authorized to occur. A license to marry is insufficient. A marriage certificate must show that the marriage actually occurred and was filed with the appropriate civil authority."

My husband, lawyer and I are absolutely confused since we DID submit the marriage CERTIFICATE with the original package and as a reply to the request for evidence.

The certicate says: "Officer's Return. This certifies that I have united in marriage: "My husband" and "Me" on Ceremony Date: "Date. It has the judge's signature and the location of the marriage. In addition to that it is stamped by the county clerk as "FILED" with the date and location of filing. This certificate is also a certified copy.

I am absolutely panicked and confused here. I have an appointment with my local field office on Sept. 1st to see if I can get clarification as to what we need to do to get this resolved. Depending on the outcome of the appointment we will file for an appeal with form EOIR-29 and hope for the best.

As anyone been in this situation? What other documents could you use to prove marriage? I called the court where we got married and they told me that this was the ONLY document available since it is THE marriage certificate...

HELP... any advices?

[Hypnos 6,576]

In Texas, the marriage licence, when properly endorsed and recorded by the county, automatically becomes the marriage certificate. There is no separate document in Texas to show that a marriage took place other than this. It sounds like you got a moron USCIS employee.

Filing a Motion To Reopen/Reconsider is likely the way to go, since the fault is USCIS'.

I used such a document to prove my marriage and it was not an issue.

Edited August 26, 2015 by Hypnos

[aliciaearnest 0]

Hi There,

Thank you for your quick reply. I am hoping that it IS a mistake on their part. My mother has a friend who went through the same process and got married in the same court by the same judge and his certificate didn't cause any issues... I'm very frustrated...

[MariaAndreas 9]

Maybe, you could walk in to that place where you were married to show them that letter from USCIS and your Marriage certificate? Let them double check (who knows, their clerk could make a mistake) and either give you new, RIGHT certified copy or make you a letter stating something like: "Hereby we state that the Marriage Certificate #... issued ... concerning Arnest... and Alicia... does indicate that the marriage of these persons has been registered with... in ... TX. In addition, the document DOES state the date of the marriage, which is ... Furthermore, the Marriage Certificate # ... of ..(data)... is sufficient evidence of a legal marriage of the above mentioned persons." Signature of an authorized person, seal.

USCIS had to give you your options in their letter of denial. Whether you can appeal their decision or file Motion to Reopen or Reconsider. In case your Marriage document was in fact incomplete (not your fault, I'm sure), obtain right one and file Motion to Reopen. If everything is OK with your document, and it is IO who made a mistake, then you can appeal higher. I have experience only with MTR. Consult with a lawyer about appeal. Again, if USCIS gives you this option in their letter you have just got.

I understand your exasperation. I am now in the similar situation. I hope you are now with your husband. Imagine, when they denied my Green Card application (not for MC but for other stupid bureaucratic mistake), I was abroad with my Advance Parole, which they just canceled and didn't let me come home! So, if you are here, don't worry. Breath. Nobody will depart you unless you leave the country yourself.

I would appear in that place where your marriage took place and ask their opinion in a written form.

Edited August 27, 2015 by MariaAndreas

[Hypnos 6,576]

Maybe, you could walk in to that place where you were married to show them that letter from USCIS and your Marriage certificate? Let them double check (who knows, their clerk could make a mistake) and either give you new, RIGHT certified copy or make you a letter stating something like: "Hereby we state that the Marriage Certificate #... issued ... concerning Arnest... and Alicia... does indicate that the marriage of these persons has been registered with... in ... TX. In addition, the document DOES state the date of the marriage, which is ... Furthermore, the Marriage Certificate # ... of ..(data)... is sufficient evidence of a legal marriage of the above mentioned persons." Signature of an authorized person, seal.

There is only one such document available in Texas and the OP already has it. It's unlikely they'll be able to give her anything she doesn't already have.

My marriage certificate from the local county in Texas clearly states that it is a marriage licence, but is stamped with the county seal showing they received it after the wedding took place. I even went so far as to order a "certified copy" of my marriage certificate, thinking it would be another document, and it was simply a photocopy of the same one I already had, with the certification and seal of the county clerk at the bottom again. In Texas, that is literally all that is offered.

[MariaAndreas 9]

Hypnos, I understand that the document should be right, but IO does not. OP could kindly ask them to write this information letter addressed to their USCIS and use it as an evidence if they file an Appeal or Motion to Reconsider. I mean, if they appeal (not ask to reopen, but appeal), they will need to attach all possible evidences showing that the document is official and sufficient.

[TBoneTX 43,004]

*** Thread moved from AOS/Family-Based main forum to the "AOS from WS&T Visas" main forum. ***

[GabbyBird 53]

There needs to be some universal marriage certificate form that can be filled out by a local consulate certifying foreign marriages. While we had no issues on the U.S. side, we had a HELL of a time getting my wife's name changed in Russia because U.S. marriage certificates carry a maiden name and don't explicitly state that the wife took the husband's name like they do in Russia.

[MariaAndreas 9]

There needs to be some universal marriage certificate form that can be filled out by a local consulate certifying foreign marriages. While we had no issues on the U.S. side, we had a HELL of a time getting my wife's name changed in Russia because U.S. marriage certificates carry a maiden name and don't explicitly state that the wife took the husband's name like they do in Russia.

In different U.S. states, marriage certificates look differently. We married in California (my husband is a U.S. citizen, I am Russian). We got a certified copy, blue in color and stating my maiden name and a new one, husband's, in "New names" row. To legalize it for Russia, I needed only to order an Apostile from a Secretary of State. Translation and notarizing were done already in Russia, very fast. With it on hands, I had my domestic passport changed in 2 business days (using "gosuslugi" web service) and my international passport in a bit more than 2 weeks. All this is without any "links", in a common line.

Therefore, there is no one universal form for the whole U.S. We don't know how it looks in other states, namely in Texas. Some states don't even have rows with new last names on their MCs (like probably Vermont), and then, yes, it is nerve-breaking and time consuming to prove something in another U.S. state or country :-(

I don't understand, where that IO who denied OP's I-130 from, Texas or another state? Why not to find out state's rules first before denying? This way, everybody from Texas has to be denied!

Edited August 27, 2015 by MariaAndreas

[aliciaearnest 0]

Hi Maria,

Thank you for replying! I did ask them and they told me that this was the only document they could give me. They will not write a letter... They are not THAT friendly...

[MariaAndreas 9]

Hi Maria,

Thank you for replying! I did ask them and they told me that this was the only document they could give me. They will not write a letter... They are not THAT friendly...

They don't have to WRITE a letter. You could type and print it, and they would just sign. If you explain them situation, show the USCIS letter, explain them the need that it is necessary to prove USCIS that the document is official and sufficient, for you get you lawful Green Card as a lawful spouse of a citizen. If no, try to search online for a Texas standard vital records forms, requirements to them. A valid law of a state printed out and shown to USCIS could work. Actually, your lawyer has to deal with it, but being alert is good for you now. I suggested a letter because since they signed it, the responsibility for your Marriage Certificate sufficiency would become theirs, not yours. Then you could always show the letter and say" "Ask them, not me."

[aliciaearnest 0]

Maria, that's a good idea. I have an appointment with my local field office. Depending on what they tell me I'll go back to the court.

I just wish this is would get resolved easily. I've been a mess since getting that letter!