Getting marriage certificate after the spouse has passed away

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We need to apply for greencard of my father-in-law while he is here in the US (AOS). It looks like USCIS wants the marriage certificate of my in-laws. Since my mother-in-law passed away, there is no way to get a marriage certificate now, since the marriage was never registered. It is also a real challenge getting a non availability of marriage certificate, as the marriage was in a small town in India, and most agents will not have contacts there.

Could someone let me know of what options we have? We can get affidavits done and have the death certificate of my mother-in-law, but looks like that is not going to be enough for USCIS.


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  • 2 weeks later...

Presumably, he was married prior to 2006 and you can mention that. If the NAMC is not available, send affidavits, etc. and they will possibly ask for DNA matching. That is what they did for my Mom. The Marriage certificate should be moot if your MIL is not alive. I provided the Death Cert for my Dad and the DNA match was because of no birth certificate.

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