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Marriage question - need proof that couple is still considered married

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irvineboy

Junior Member
What is the name of your state (only U.S. law)? CA

My relatives were married in another country in Asia. They have the marriage certificate from that country. When they immigrated to the USA, they were declared entering the USA as a married couple. They never got married here because they were already married coming in. They need proof that they are still married. The marriage certification is not enough for proof because the entity says, how do I know if you are still married? You could have gotten a divorce in the USA.

I called the county to see if they can locate records, but they only do marriage certificates. They can only look up couples that were married in this county. They can't look up by SSN so they asked me to contact immigration. But immigration says they don't know where they keep archives so asked me to reach out to FOIA and submit a form G-639.
https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act

I put in a request to locate this paperwork that indicates that they came here married and are still married. Because technically, if you look up by SSN, wouldn't it tell you if that person is still married or divorced? FOIA is backed up for 130 business days and they need this proof in 2 months. Any idea where to look?
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

My relatives were married in another country in Asia. They have the marriage certificate from that country. When they immigrated to the USA, they were declared entering the USA as a married couple. They never got married here because they were already married coming in. They need proof that they are still married. The marriage certification is not enough for proof because the entity says, how do I know if you are still married? You could have gotten a divorce in the USA.

I called the county to see if they can locate records, but they only do marriage certificates. They can only look up couples that were married in this county. They can't look up by SSN so they asked me to contact immigration. But immigration says they don't know where they keep archives so asked me to reach out to FOIA and submit a form G-639.
https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act

I put in a request to locate this paperwork that indicates that they came here married and are still married. Because technically, if you look up by SSN, wouldn't it tell you if that person is still married or divorced? FOIA is backed up for 130 business days and they need this proof in 2 months. Any idea where to look?
What kind of entity refuses to accept a marriage certificate as proof of marriage?
 

irvineboy

Junior Member
It is some sort of real estate seller in China. They preclude sales tax when the couple is married but told them that a foreign marriage certificate is not valid for this purpose and need something from the states showing continuity. Not "proof of marriage" but "validity of continuation of marriage". Their statement is how do we know you did not get a divorce? From my research, there isn't a place that provides it.
 
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LdiJ

Senior Member
It is some sort of real estate seller in China. They preclude sales tax when the couple is married but told them that a foreign marriage certificate is not valid for this purpose and need something from the states showing continuity. Not "proof of marriage" but "validity of continuation of marriage". Their statement is how do we know you did not get a divorce? From my research, there isn't a place that provides it.
That really doesn't help us much. Are they selling property in China? Can you please explain what is going on. However, even once you explain what is going on, we may not be able to help much. It appears that the laws in China are what is going to matter, not US laws.
 

adjusterjack

Senior Member
It is some sort of real estate seller in China. They preclude sales tax when the couple is married but told them that a foreign marriage certificate is not valid for this purpose and need something from the states showing continuity. Not "proof of marriage" but "validity of continuation of marriage". Their statement is how do we know you did not get a divorce? From my research, there isn't a place that provides it.
Looks like they have two choices.

Pay the sales tax.

Or walk away from whatever deal they are contemplating.
 

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