CR-1 update

[AKSinghSingh79 143]

My husband and I are FINALLY getting ready to mail in our CR-1. It's been a frustrating 8 months between marriage registration issues, me being sent out of state constantly for work, and walking out of my local USCIS with none of my original questions answered....

I'm giving an update in case future applicants run into the same issues as I am currently experiencing.

We have not yet registered our marriage in India. USCIS told me that we should be ok to proceed with our CR-1 but may run into issues at NVC. The IO at my local field office told me to attach everything possible associated with our attempts to register our marriage including our full application for registration. I have been keeping a solid paper trail of everything to combat a possible RFE from NVC.

Our completed CR-1 package includes the following:

-Cover Letter

-I-130 form

-Petitioner's G-325A with address/employment supplements and passport sized photo

-Beneficiary's G-325A with address/employment supplements and passport sized photo

-payment in the form of money order

-Marriage Certificate

-Copy of petitioner's insurance card showing husband is beneficiary on life insurance policy

-copy of marriage registration application

-copy of letter from district magistrate ordering marriage registrar to make a decision regarding our registration

-copy of NOC from New Delhi consulate

-Photos documenting wedding

-Affidavit from husband's father stating that he is aware of our marriage and was in attendance of our wedding

-Affidavit from husband's friend stating that our marriage is bonafide and that he was in attendance of our wedding

-Affidavit from my parents stating that they were aware of our relationship from the start of it, that they have personally met my husband, and that our marriage is bonafide

-Photos, passport stamps, ticket stubs, bank statements, hotel receipts, visa copies,atm receipts from all trips I have taken to visit my husband AND passport stamps, visa copy of when he was in the U.S. on a J-1 visa

-Skype logs, chat logs, call logs, phone record logs, calling card receipts, greeting cards and envelopes with dates, receipts from gifts we have sent each other as proof of ongoing relationship

Is there anything obvious I'm forgetting? I intentionally made our package extremely thorough as a means of front loading the petition.

As a side question, how accurate do dates of our previous employment have to be? Will we be penalized if we are off a month? My husband and I have both held many jobs in the past 5 years and it gets hard to remember when exactly we started each and every one. We tried as best as we could to estimate the months/years we started and ended the positions.

Thanks and happy holidays!

[RR136 5]

The paperwork seems thorough to me, but what i don't understand is why is there a delay in marriage certificate from the registrars office. I got mine on the same day I applied. Where did the marriage take place??

[TimeTravel 78]

The biggest problem you can run at interview stage if you guys didnt have your marriage registered. Please note, even you cross USCIS/NVC stage without any problem, but final decision is up to the consulate, they review everything carefully there. Any conflict in document can make the person disqualified for the visa or delay in the process. It is totally up to them, whether they are satisfied with the doc or not.

The best option I can suggest: Get your marriage registered! If you guys are having trouble in the current city/state, then get it registered elsewhere. Everything is possible in India, but your man has to try hard, have to talk to the people ( those who have good experience with such kind of dealings ). We all have Internet, it is good avenue to find the right people for your needs.

[AKSinghSingh79 143]

The paperwork seems thorough to me, but what i don't understand is why is there a delay in marriage certificate from the registrars office. I got mine on the same day I applied. Where did the marriage take place??

We don't understand why there is a delay either. Our marriage took place in Haldwani, Uttarakhand. (Nainital District). The main problem seems to be the fact that Uttarakhand does not have its own set of laws governing marriage. They still currently use Uttar Pradesh laws.

[RR136 5]

We don't understand why there is a delay either. Our marriage took place in Haldwani, Uttarakhand. (Nainital District). The main problem seems to be the fact that Uttarakhand does not have its own set of laws governing marriage. They still currently use Uttar Pradesh laws.

I'm not sure about local laws but am pretty sure it shouldn't take longer than a week. FYI if you want things done fast in India,you have to approach right people the right way.I'm sure the registrar is looking for a bribe, like the other post says "EVERYTHING IS POSSIBLE IN INDIA"

[AKSinghSingh79 143]

I'm not sure about local laws but am pretty sure it shouldn't take longer than a week. FYI if you want things done fast in India,you have to approach right people the right way.I'm sure the registrar is looking for a bribe, like the other post says "EVERYTHING IS POSSIBLE IN INDIA"

Yes it shouldn't take longer than a week but it has. We have tried everything possible. We have a lawyer, we have gone above the registrar to the high courts of Nainital. The court ordered that the registrar approve our application for registration. He chose to ignore this order. We have offered him bribes several times and he has not taken them. He has given us every excuse imaginable and we have refuted every one of them with legal documentation.

You can't force someone's hand against their will especially when they face no legal consequences for ignoring the law. What else can I say? I'm sorry my husband resides in Uttarakhand. Lovely state, horrible bureaucracy.

By the way, "possible" does not always equate to "legal". I have never heard of someone in India registering their marriage in a district in which they are not a resident of.

[RR136 5]

It does look like you have covered most angles here. The only thing I can think of is to involve a local politician or high ranking official, and see if it helps.

Btw, I just noticed... You already have your marriage certificate with you? Is this an unofficial certificate, am confused?

[AKSinghSingh79 143]

It does look like you have covered most angles here. The only thing I can think of is to involve a local politician or high ranking official, and see if it helps.

Btw, I just noticed... You already have your marriage certificate with you? Is this an unofficial certificate, am confused?

My marriage certificate is the one issued to us from the Aryasamaj, Haldwani in which we were married.

It says "Certificate of Marriage" and has mine, my husband's, the priest, president, and secretary's signatures.

[ik2011 2]

AKSinghSingh79,

Don't forget to attach copy of the petitioner's birth certificate/passport/naturalization certificate as the case may be. I didn't see that in your list.

[AKSinghSingh79 143]

AKSinghSingh79,

Don't forget to attach copy of the petitioner's birth certificate/passport/naturalization certificate as the case may be. I didn't see that in your list.

Thank you for noticing that. I will be attaching my birth certificate.

[RR136 5]

That certificate should hold up with other evidence you provide. In my case, I had initially received "marriage certificate"( the religious one sorta like arya samaj) and govt. marriage certificate from city corporation. When I was about to send them in, my frnd's wife who just arrived US after this long wait suggested that USCIS prefer marriage certificate from registrar's office since every applicant provides them now and they are familiar with it.

After a week and multiple trips to registrar's office, finally got the official certificate and sent my I-130 the very next day.

I hope everything works out for you, and wish you good luck on your onward journey.

[pushbrk 12,975]

Yes it shouldn't take longer than a week but it has. We have tried everything possible. We have a lawyer, we have gone above the registrar to the high courts of Nainital. The court ordered that the registrar approve our application for registration. He chose to ignore this order. We have offered him bribes several times and he has not taken them. He has given us every excuse imaginable and we have refuted every one of them with legal documentation.

You can't force someone's hand against their will especially when they face no legal consequences for ignoring the law. What else can I say? I'm sorry my husband resides in Uttarakhand. Lovely state, horrible bureaucracy.

By the way, "possible" does not always equate to "legal". I have never heard of someone in India registering their marriage in a district in which they are not a resident of.

Unless you can document that you are legally and lawfully married in the country where the marriage took place, my advice is not to file until you can.

[AKSinghSingh79 143]

That certificate should hold up with other evidence you provide. In my case, I had initially received "marriage certificate"( the religious one sorta like arya samaj) and govt. marriage certificate from city corporation. When I was about to send them in, my frnd's wife who just arrived US after this long wait suggested that USCIS prefer marriage certificate from registrar's office since every applicant provides them now and they are familiar with it.

After a week and multiple trips to registrar's office, finally got the official certificate and sent my I-130 the very next day.

I hope everything works out for you, and wish you good luck on your onward journey.

Thank you very much for your advice. That does makes sense for them to accept the registrar's office certificate.

Some possible good news, my husband just got word that the marriage registrar is willing to look over our paperwork again and possibly approve the application. I am going to India in Jan/Feb so hopefully this will finally be taken care of.

Also, I found this on the US Dept. of State reciprocity tables site: http://travel.state.gov/visa/fees/fees_5455.html?cid=9215

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.