When submitting Form I-485, Application to Register Permanent Residence or Adjust Status, to obtain a green card, foreign national applicants are required to present different forms of evidence to prove their identity. Although it is preferable that applicants provide the primary evidence requested, this is not always possible. The absence of primary evidence can create the presumption that the applicant is ineligible to submit an I-485 application. Because of this, applicants must make efforts to provide secondary evidence. In such cases, applicants are asked to provide secondary evidence pertinent to the facts at issue.1 Both birth certificates and marriage certificates are required when submitting I-485 applications.2
Just as secondary evidence must overcome the unavailability of the primary evidence, these affidavits must overcome the absence of both the primary and secondary evidence.3 Where a record does not exist, the applicant must submit an original written statement on letterhead from the relevant government authority. The statement must indicate the reason the record does not exist and indicate whether similar records for the time and place are available.4
Regarding birth documentation, secondary evidence could come in the form of school records, church records, or other relevant types of evidence.5 If secondary evidence of the required document does not exist or cannot be obtained, the applicant must demonstrate the unavailability of the required document and the secondary evidence. In addition, the applicant must submit two or more affidavits. 6 These must be sworn to or affirmed by persons who are not parties to the application who have direct personal knowledge of the event and circumstances. 7It follows that birth affidavits can be beneficial when submitted by the applicant's mother, father, or other immediate relative so long as they are not a party to the application and have personal knowledge of the birth of the applicant. When an applicant is unable to find her or his birth certificate, there are various forms of secondary evidence for submitting their green card application. Adding this evidence will be beneficial in helping to prove the name, date of birth, place of birth, and parental information of the applicant. The secondary documentation can include documents such as baptismal certificates, school records, hospital records, or immunization records.8
If an official civil record cannot be provided to prove a marriage, secondary evidence can be accepted on a case-by-case basis. An officer has the right to request an original record if there is doubt as to the authenticity of the presented documentation.9 Based on this, various forms of secondary evidence regarding marriage certificates can be provided as an alternative to primary evidence when submitting a Form I-485 application. If an applicant does not have a marriage license, they can produce evidence demonstrating its unavailability or nonexistence and produce other acceptable evidence of marriage (such as church records). Additionally, if an applicant has been married prior to submitting Form I-485, she or he should provide evidence of the prior marriage's termination.10 Furthermore, for a derivative child of the I-485 principal applicant, it is advisable to submit evidence of proof of this relationship.11 In addition to this, documents that show the applicant and spouse have joint lease agreements together, joint bank account statements, and photos of the couple together are also beneficial in showing that a marital relationship exists.12
In conclusion, when applying for Form I-485, individuals must be prepared to submit primary evidence of the required documentation, such as birth certificates and marriage certificates, for the most favorable outcome. However, when primary evidence is not available, quality secondary evidence must be submitted for USCIS to substantiate the foreign national's birth and marriage information. Additionally, birth and marriage affidavits can be beneficial when affirmed by those who are not parties to the application, and have direct knowledge of the events which took place13 Therefore, while primary evidence is optimal for securing a favorable outcome for a Form I-485 application, secondary evidence can also provide compelling support in the absence of primary documentation.
Footnotes
1 Code of Federal Regulations- § 103.2 Submission and adjudication of benefit requests.--See8 CFR 103.2(b)(2)(i)
2 Ibid.
3 Ibid.
4 Code of Federal Regulations- § 103.2 Submission and adjudication of benefit requests --See8 CFR 103.2(b)(2)(ii)
5 Code of Federal Regulations- § 103.2 Submission and adjudication of benefit requests.--See8 CFR 103.2(b)(2)(i)
6 Ibid.
7 Ibid.
8 Chapter 3 - Documentation and Evidence | USCIS--https://www.uscis.gov/policy-manual/volume-6-part-j-chapter-3
9 Chapter 2 - Marriage and Marital Union for Naturalization | USCIS-- https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2#footnote-6
10 Checklist of Required Initial Evidence for Form I-485 (for informational purposes only)- https://www.uscis.gov/forms/filing-guidance/checklist-of-required-initial-evidence-for-form-i-485-for-informational-purposes-only
11 Ibid.
12 What Documents Do We Need for a Marriage Green Card? (boundless.com)
13 Code of Federal Regulations- § 103.2 Submission and adjudication of benefit requests.--See8 CFR 103.2(b)(2)(i)
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.