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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3363
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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My parents are here in USA on visitors visa and their

Customer Question

Hello,
My parents are here in USA on visitors visa and their visa expires on May 17, 2016. I have filed their visa extension application 2 months ago but the decision is pending.
I am going to do my oath and get citizenship ( in next 2-3 weeks)and then plan to file their green card while they are in USA.
They don't have their marriage certificate because they did not register their marriage. They can probably obtain it once they go back to India . I read online that Filing an affidavit from relatives would be a secondary document which I think is acceptable only if primary document is unobtainable as per india's govt agency. I can't say that their document is unobtainable because they got married in 1979 which is not too old for not to get certificate. I want to file their green card now so that I can extend their stay.
Can you suggest if there is any way to file their green card without marriage certificate?
Kindly reply
Thanks
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 7 months ago.
Hello, my name is ***** ***** I will be the immigration attorney helping you today. A marriage certificate is not necessary for the green card application. It is only needed for your father's applications to prove that you are legitimately his child. If your father's name appears in your birth certificate, that may be sufficient. Submit the applications with just your birth certificate for now. If the marriage certificate is necessary they may ask you for that or for other proof of you being legitimized by your father in a request for evidence. That will very likely not happen as long as his name appears on your birth certificate. In addition, when you submit all their applications, make sure you submit the I-131 application for advanced paroel to travel while the application is pending in case there is an emergency and they do need to travel to India while while the green card application is pending. They cannot travel outside the US without is as their greencard application will be deemed abandoned. Good luck to you during this process and I hope this answer has helped you!If you are not satisfied with my answer or if I did not understand your question correctly, please ask me for clarification and I will be glad to clarify. Your satisfaction is my goal. Please kindly remember to issue a POSITIVE RATING now before you leave this page by choosing from the ratings. This is very important since it is how I receive credit for my service from what you paid. This question will NOT close after you rate me even though it says "To Finish..". So after rating me, feel free to ask me any follow up questions at no additional cost . Any bonus you wish to provide will be very appreciated.If you have other NEW questions in the future, you can make sure that I answer it for you if you start your new question post with the words "FOR JENNIFER " or write it in the Subject Line.

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