Marrying again in the State since marriage certificate is not accepted from my wife's country in our state.

[JCR918 4]

Hi,

My wife and I did the i-130 and she arrived in the USA in December last year. Our state is not wanting to take our marriage certificate from her country at the DMV they are requiring it even with or without the green card for real ID  since we both are claiming married on the application , She hasn't gotten her green card yet but It's arriving soon. Her SS# already arrived, The court house recommended we get married in our state + do the name change's trying to submit the marriage documents and pretention the court to recognized our marriage and file it with the state

I hear this is fine todo then all we have to do is update the information when we file the adjustment of status in two years for her 10 year card and she can just keep her maiden name on the green card till then,  is this correct ? Trying to figure out the best approach 

Edited April 8 by JCR918

[Crazy Cat 44,210]

11 minutes ago, JCR918 said:

Hi,

My wife and I did the i-130 and she arrived in the USA in December last year. Our state is not wanting to take our marriage certificate from her country at the DMV they are requiring it even with or without the green card for real ID  since we both are claiming married on the application , She hasn't gotten her green card yet but It's arriving soon. Her SS# already arrived, The court house recommended we get married in our state + do the name change's trying to submit the marriage documents and pretention the court to recognized our marriage and file it with the state

I hear this is fine todo then all we have to do is update the information when we file the adjustment of status in two years for her 10 year card and she can just keep her maiden name on the green card till then,  is this correct ? Trying to figure out the best approach 

I would find another DMV office.  You are already legally married, else, she would not have been issued a Green card.  I don't recall my state requiring our marriage license.  They wanted proof that she is legally present int he US.

Edited April 8 by Crazy Cat

[JCR918 4]

We are only allowed to use the main one the other offices won't accept anything and the problem is happening at the main office.  We can get the document to be recognized but it's a process and more costly then just getting a new marriage certificate. + she want's to take my last name anyways so this would also address this 

Edited April 8 by JCR918

[Crazy Cat 44,210]

2 minutes ago, JCR918 said:

We are only allowed to use the main one the other offices won't accept anything and the problem is happening at the main office.  We can get the document to be recognized but it's a process and more costly then just getting a new marriage certificate. + she want's to take my last name anyways so this would also address this 

This new "marriage" is going to potentially create some issues in her immigration and naturalization process. The I-751 and N-400 are going to ask for your marriage date.  Which date will you list? 

[S2N 225]

12 minutes ago, JCR918 said:

We are only allowed to use the main one the other offices won't accept anything and the problem is happening at the main office.  We can get the document to be recognized but it's a process and more costly then just getting a new marriage certificate. + she want's to take my last name anyways so this would also address this 

Your “new marriage” would not be legally valid as you’re already in a legal marriage.

 

Entering an invalid marriage is not a workaround for not paying for an apostille.

Edited April 8 by S2N

[Crazy Cat 44,210]

25 minutes ago, JCR918 said:

She hasn't gotten her green card yet but It's arriving soon.

I would try again after she receives her Green card.

[OldUser 9,550]

22 minutes ago, JCR918 said:

The court house recommended we get married in our state + do the name change's trying to submit the marriage documents and pretention the court to recognized our marriage and file it with the state

To marry, you have to be free to marry. So you'd divorce and remarry. I wouldn't do it. USCIS and DOS recognized your marriage as real. Push back with facts. Escalate to their manager. I'd try after receing GC in hand, I suspect they're blocked because of this.

 

Which country did you marry in?

Does certificate match descrpition from this website?

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html/

 

If yes, print this and show at DMV when presenting your marriage certificate.

 

[Boiler 47,296]

New one on me, how can a marriage be legal for the Feds and not the State? Now certainly have come across marriages which are not real marriages. You have not mentioned the Country, we can tell you what a legal marriage looks like.

 

As an aside I have never been asked about a Marriage Certificate at the DMV.

[S2N 225]

10 minutes ago, OldUser said:

Which country did you marry in?

Does certificate match descrpition from this website?

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html/

 

If yes, print this and show at DMV when presenting your marriage certificate.

 

That could work, but the state could also want an apostille. It’s not something that’s required to get a visa, but it’s also just a good thing to have for a vital record when you know that you’re going to have a life in two countries.

 

I’m assuming this probably relates to wanting to have a different last name than what’s on OP’s wife’s passport.

Edited April 8 by S2N

[Boiler 47,296]

Now I think of it I think New York allows you to marry the same person twice? Why etc no idea, but married since would not change.

[JCR918 4]

We got married in Nicaragua 

[Boiler 47,296]

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nicaragua.html

 

Marriage Certificates
Available

Fees: C$ 120.00

Document Name:  Certificado de Matrimonio

Issuing Authority:  Central Registry of Nicaragua (Consejo Supremo Electoral)

Special Seal(s) / Color / Format: The signature and seal of the Civil Registrar

Issuing Authority Personnel Title:  Civil Registrar

Registration Criteria:  Unknown

Procedure for Obtaining:  

One of the registered spouses or a person 21 or older with the required documents
Completed at Central Registry of Nicaragua (Consejo Supremo Electoral) in Managua.
Certified Copies Available: N/A

Alternate Documents: Unknown

Exceptions: Unknown

Comments:  Records in the Central Registry of Nicaragua (Consejo Supremo Electoral) in Managua in Managua are maintained for the entire country and are stored on microfilm. These microfilm records were not destroyed during the 1972 earthquake nor the civil strife in 1979. Documents issued in Nicaragua by the ecclesiastical authorities are not considered government documents; in Nicaragua, the Church and State are separate. There is no limitation with respect to the availability of any document because of sex or age. Marriage Certificates can be issued by the municipality government; however, for immigrant visa cases the U.S. Embassy ONLY accepts those issued by the Central Registry of Nicaragua (Consejo Supremo Electoral).

[S2N 225]

1 hour ago, Boiler said:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Nicaragua.html

 

Marriage Certificates
Available

Fees: C$ 120.00

Document Name:  Certificado de Matrimonio

Issuing Authority:  Central Registry of Nicaragua (Consejo Supremo Electoral)

Special Seal(s) / Color / Format: The signature and seal of the Civil Registrar

Issuing Authority Personnel Title:  Civil Registrar

Registration Criteria:  Unknown

Procedure for Obtaining:  

One of the registered spouses or a person 21 or older with the required documents
Completed at Central Registry of Nicaragua (Consejo Supremo Electoral) in Managua.
Certified Copies Available: N/A

Alternate Documents: Unknown

Exceptions: Unknown

Comments:  Records in the Central Registry of Nicaragua (Consejo Supremo Electoral) in Managua in Managua are maintained for the entire country and are stored on microfilm. These microfilm records were not destroyed during the 1972 earthquake nor the civil strife in 1979. Documents issued in Nicaragua by the ecclesiastical authorities are not considered government documents; in Nicaragua, the Church and State are separate. There is no limitation with respect to the availability of any document because of sex or age. Marriage Certificates can be issued by the municipality government; however, for immigrant visa cases the U.S. Embassy ONLY accepts those issued by the Central Registry of Nicaragua (Consejo Supremo Electoral).

Right, they had the correct documents for the visa since she’s here. The Department of State and USCIS don’t require apostilles.

 

The DMV can require one, though. They aren’t bound by the State Department rules. It’s worth a shot showing them that list, but if they want an apostille, they’re well within their rights to require it. Based on OP’s original post, it seems that’s what was requested and they’re trying to avoid paying for it.

Edited April 8 by S2N

[Boiler 47,296]

I have never heard of a DMV requiring this, I have heard of DMV crew ups, loads of those.

[S2N 225]

6 minutes ago, Boiler said:

I have never heard of a DMV requiring this, I have heard of DMV crew ups, loads of those.

They usually ask for it in lieu of a court order to change from a maiden name to a married last name. If that’s what’s going on it makes sense for them to be requesting it apostilled (or at least isn’t weird.) Presumably they could get it issued without a name change and change later if that’s what’s going on (and can ask the DMV this question.)

 

Agreed just for a license without a name change would be something I’ve never heard of.

 

It’d be useful to know what state OP is in.

Edited April 8 by S2N