Please help with any information!!!

[AdileneR 7]

Hi if anybody can give advice or any type of Information I would appreciate it. My husband and I got married near the border of Mexico and the US we did a “international bridge marriage”. In order for that to happen I had to fill an affidavit form because I don’t have a VISA to cross over the US. My husband presented this to the county clerk in El Paso for them to give my husband the Marriage license. My husband crossed over back for us to get married. We hired a ministry that does border marriages and we got married and signed and had to wait 72hr to give the marriage license back the county clerk. Everything went smoothly! My lawyer now wants the affidavit form I filled out that basically states I was not present in the county clerk to obtain the marriage

license. I’ve called the county clerk and the state and I can not get a hold of this form ! Is there any other way!?!? My lawyer want this form for proof that I did not not cross over to the US to get married (because our marriage license if from El Paso). My lawyer claims without that form it can cause potential issues for me, that the consulate might think I crossed over. My lawyer did give me a second option to re marry through the Civil Registry in Mexico but using a second marriage license seems a little risky to me. 

[SteveInBostonI130 3,328]

I would get one from the Minister.  He's the one who performed the marriage and therefore knew where you were at the time of marriage.

 

The county clerk would have no idea where you were when the marriage license was obtained.  For all they know, you could have been waiting in the car in the parking lot.  The fact that you had to provide an affidavit for your husband to obtain the license in your absence should be adequate.  But maybe this is something special for El Paso?

 

EDIT:  I just re-read and now I see that your lawyer wants that affidavit.  Can your husband go to the office and ask them to make a copy?  Also, does the lawyer know from experience that the affidavit is needed or are they just speculating?

Edited May 22, 2022 by SteveInBostonI130

[AdileneR 7]

The minister was only in charge of the ceremony near the border and she only signed our marriage license after she performed our marriage ceremony. The affidavit of absent form was given to the county clerk since I could not be there in person to get the license with my husband. Now I need that form. I called the county clerk to see if they had a hold of it but they said they sent out to the state of Texas and I called the state but no luck. 

[TBoneTX 43,489]

The Texas Bureau of Vital Statistics is the state's very worst agency.  Try to get an affidavit from the minister, and call the CBP port to see if they can help you.

[AdileneR 7]

I don’t think the minister would have access to that? But if I may ask whats the CBP?

[Ryan H 3,796]

Moved from Progress Reports to Process & Procedures.

[TBoneTX 43,489]

2 hours ago, AdileneR said:

whats the CBP

Customs & Border Protection.  They were probably observing your bridge marriage.

[AdileneR 7]

The phone we used to take pictures of our wedding it shows the exact location,date, time of when our wedding took place it even shows a little map of the exact location we were in. Showing it was near the border. I wonder if that’s good or enough evidence. 

[Redro 4,602]

6 hours ago, AdileneR said:

Hi if anybody can give advice or any type of Information I would appreciate it. My husband and I got married near the border of Mexico and the US we did a “international bridge marriage”. In order for that to happen I had to fill an affidavit form because I don’t have a VISA to cross over the US. My husband presented this to the county clerk in El Paso for them to give my husband the Marriage license. My husband crossed over back for us to get married. We hired a ministry that does border marriages and we got married and signed and had to wait 72hr to give the marriage license back the county clerk. Everything went smoothly! My lawyer now wants the affidavit form I filled out that basically states I was not present in the county clerk to obtain the marriage

license. I’ve called the county clerk and the state and I can not get a hold of this form ! Is there any other way!?!? My lawyer want this form for proof that I did not not cross over to the US to get married (because our marriage license if from El Paso). My lawyer claims without that form it can cause potential issues for me, that the consulate might think I crossed over. My lawyer did give me a second option to re marry through the Civil Registry in Mexico but using a second marriage license seems a little risky to me. 

Your lawyer might be overly cautious... (which is understandable). 

Personally, I think you should be fine. People have been using the Utah marriage certificate to file their I-130s and USCIS approves the petition. To my knowledge, no one checks or questions if the foreign national was legally in the US when they look at a US marriage certificate.They just check to see if the marriage certificate is legit. 

They might ask you questions at the consulate interview but you'll be able to explain the process at that time. 

Edited May 22, 2022 by ROK2USA

[AdileneR 7]

That’s what I was thinking before because I know a lot people here in Mexico who had a wedding near the border and their  process is going well. I mean if it wasn’t legal I don’t think the state of Texas would’ve approved our wedding.

[Redro 4,602]

1 minute ago, AdileneR said:

That’s what I was thinking before because I know a lot people here in Mexico who had a wedding near the border and their  process is going well. I mean if it wasn’t legal I don’t think the state of Texas would’ve approved our wedding.

You have two choices

1.) Try to get the document the lawyer wants

2.) Push the lawyer to file the I-130/I-130A without the document and see if you get RFE... but I really think your petition will be approved. 

 

[Family 3,563]

Perhaps you missed the link I sent you as a response to your previous post ( same question/different thread). 
You just need to file a FOIA for that Affidavit…and will only need it IF ASKED for at the Consulate Interview ( no less than  1.5 years from now) 

IT IS not required for USCIS filing of I-130 because the petition only establishes that a relationship exists, and such petitions ARE APPROVED for even those who are/have been in the US unlawfully. 
 

Your attorney is giving ME a headache and delaying your case unnecessarily.

Good Luck!

 

Here is the link again: https://www.epcounty.com/clerk/foia.htm

[AdileneR 7]

Thank you I did see it but I didn’t see any options for the affidavit of absence form. And I hear you imagine my husband and I, we are beyond stressed out and overwhelmed.

[Family 3,563]

1 hour ago, AdileneR said:

Thank you I did see it but I didn’t see any options for the affidavit of absence form. And I hear you imagine my husband and I, we are beyond stressed out and overwhelmed.

You can send an email FOIA request to the below email address for clerks foia division. Just type up all the relevant info ( names, date/ place  of marriage and even try attaching a copy of marriage certificate) AND ask for copy of Affidavit. 
They will respond and if NOT, then follow up by sending them the FOIA request by mail! 
 

 

FORMS

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If you are still unable to submit the form properly, please download the form to your desktop. Once you have completed the request, you can manually attach the form to an email addressed to CCLKFOIA@epcounty.com.

All requests will be responded to in the order in which they are received and in a timely manner.

[Family 3,563]

It was part of documentation needed for your husband to obtain the license, so it’s on record…but as you are learning, a bit more rare and not something they deal with daily. Hope you insist the attorney files your case …or get copies of your file and file it yourself. 
Either he lacks experience OR is using the argument to upsell the “ difficulty” of your case.  ..both scenarios make me lose faith .