Tag Archives: marriage certificates

The marriage green card interview – what you need to know

After you have filed your adjustment of status package including the marital petition, form I-130, form I-485 application to adjust status and form I-765 application for employment authorization document, USCIS will send you a biometrics notice to take fingerprints followed by a notice in the mail telling you when and where to attend a green card interview. To be sure you get the interview notice you must change your address with USCIS while your applications are pending by mailing a completed and signed form AR-11 Change of Address form or completing a Change of Address online.

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Adjustment of status based on marriage

Adjustment of status is the process of applying for a green card (become a lawful permanent resident) by non-immigrants who are already in the United States. The applicants are not required to leave the United States and go through the hassle and delay of applying abroad.
An adjustment of status by USCIS is discretionary. Obtaining a green card is a privilege, not a right. USCIS will check the applicant’s immigration and criminal history carefully to decide if there are any obstacles (in-admissibility factors) that could prevent issuance of a green card. However, applicants married to a United States citizen may have some obstacles waved such as overstaying or earlier unauthorized work. Even if the applicant has a criminal history that could be an obstacle, he may be able to able to apply for a waiver. A waiver is a request that the immigration service “forgive” past criminal convictions or other obstacles. Continue reading

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Certificate of non availability – Birth Marriage certificate not available

The US Consulate or USCIS will presume that an applicant who fails to produce or send required documents is ineligible for a visa or other benefit (e.g. a green card). The good news however is that the applicant still prove eligibility using secondary evidence.

If a birth or marriage certificate is unavailable, an applicant must offer proof by obtaining a certificate of unavailability from the government agency where such documents originate. The State Department Country Reciprocity Schedule indicates what type of country documents are unavailable for applicants from particular countries.

In addition to obtaining a certificate of non-availability (also called certificate of unavailability) the applicant must also bring or send secondary evidence of the event such as; a passport,
church records, baptismal records, adoption decrees, hospital records, school records, and affidavits. Continue reading

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