spouse's ex death certificate question

[J42 0]

 

Trying to file for I-130 for my spouse. She was widowed from the death of her ex-spouse.  I have a question about the death certificate.  

 

This is from India, the the official death certificate does not have the wife's name recorded on the death certificate.

1) is this going to be an issue with USCIS, as there is no direct proof on the death certificate that it was her husband? Could this be a red flag at the interview?

2) to complicate the matters my spouse doesn't have a valid marriage certificate with her ex. Any suggestions for other documentation to prove that she was married to her ex? Should this documentation be attached to initial I-130 application stating death certificate does not have spouse's name endorsed. I guessing some kind of documentation would be asked at the visa interview to prove her previous relationship

[pushbrk 12,285]

1 hour ago, J42 said:

 

Trying to file for I-130 for my spouse. She was widowed from the death of her ex-spouse.  I have a question about the death certificate.  

 

This is from India, the the official death certificate does not have the wife's name recorded on the death certificate.

1) is this going to be an issue with USCIS, as there is no direct proof on the death certificate that it was her husband? Could this be a red flag at the interview?

2) to complicate the matters my spouse doesn't have a valid marriage certificate with her ex. Any suggestions for other documentation to prove that she was married to her ex? Should this documentation be attached to initial I-130 application stating death certificate does not have spouse's name endorsed. I guessing some kind of documentation would be asked at the visa interview to prove her previous relationship

2.  Deal with this first.  Doesn't have and "can't get" are two different things.  If she registered a marriage, then she "can get" a marriage certificate.  Right?  Get it.

 

1.  Put the marriage certificate together with the death certificate and you have it handled.

 

If it's "can't get" explain to me why a certified copy of her legitimate marriage certificate cannot be obtained.

[J42 0]

it's more of a "can't get" case. Her previous marriage was never registered as is still the case with some ceremonial marriages in india. They didn't have a need for a marriage certificate during the tenure of the marriage.

In order to register this retroactively now, the registrar will need at least an affidavit from both the parties, stating the date and time of marriage. This can't be done now as her ex is no more.

[pushbrk 12,285]

7 hours ago, J42 said:

it's more of a "can't get" case. Her previous marriage was never registered as is still the case with some ceremonial marriages in india. They didn't have a need for a marriage certificate during the tenure of the marriage.

In order to register this retroactively now, the registrar will need at least an affidavit from both the parties, stating the date and time of marriage. This can't be done now as her ex is no more.

Then what document CAN be obtained to show she was ever married?  Unless there is also a name change to be documented by the marriage certificate, chances are that simply stating she was married to this man and then providing his death certificate will suffice. Generally marriage certificates for former marriages are only needed to document name changes.  

 

For example, if a woman born Mary Jones, marries and becomes Mary Smith, and her divorce decree from Mr Smith never mentions her maiden name, then how does she document that the birth certificate of Mary Jones, is HER birth certificate, once she's now Mary Williams?  She does it with a marriage certificate showing Mary Jones is the one who married Mr Smith.