HELP!!! Marriage/green card

[Sam1989 0]

I have found myself caught in a tricky situation... My husband immigrated from Venezuela over a decade ago and at the time of filing fell under the unmarried sons under 21 category. I am an American citizen. Not knowing that we couldn't get married until his green card was issued, we went ahead with wedding plans last year. We got married GET THIS- TWO days before his green card was issued. We were jubilant, until we got a call from the attny saying that he didn't know we were getting married and that our marriage negates the green card. He says that my husband will have to renounce his green card and start from scratch, and that if anyone catches the mistake, like when he applied for citizenship, things could get ugly. We have been married a year and a half. Can't I just apply for citizenship for my husband after three years and explain everything? We both feel so down in the dumps about this-it was an honest mistake, and I don't want the love of my life to have to pay for that. What ramifications, if any, will this have on his current job ?( works for the county) i want to do anything legally required, but if it is unnecessary for me to pay an arm and a leg to revoke his green card and start from scratch, then I don't want to spend the money and time.

[Girl from Celebes 588]

How come marrying you will jeopardize his green card? Did the lawyer tell you the rules? Which immigration law he was talking about?

[KayDeeCee 4,891]

I have found myself caught in a tricky situation... My husband immigrated from Venezuela over a decade ago and at the time of filing fell under the unmarried sons under 21 category. I am an American citizen. Not knowing that we couldn't get married until his green card was issued, we went ahead with wedding plans last year. We got married GET THIS- TWO days before his green card was issued. We were jubilant, until we got a call from the attny saying that he didn't know we were getting married and that our marriage negates the green card. He says that my husband will have to renounce his green card and start from scratch, and that if anyone catches the mistake, like when he applied for citizenship, things could get ugly. We have been married a year and a half. Can't I just apply for citizenship for my husband after three years and explain everything? We both feel so down in the dumps about this-it was an honest mistake, and I don't want the love of my life to have to pay for that. What ramifications, if any, will this have on his current job ?( works for the county) i want to do anything legally required, but if it is unnecessary for me to pay an arm and a leg to revoke his green card and start from scratch, then I don't want to spend the money and time.

You cannot just apply for citizenship, since he is not a permanent resident. He has to be a permanent resident AND have been married to the same USC for 3 years before he would be eligible to apply.

How did he enter the US?

How come marrying you will jeopardize his green card? Did the lawyer tell you the rules? Which immigration law he was talking about?

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

[Hypnos 6,576]

Your attorney is right. Your husband was in a category that required him to remain unmarried; by marrying, his application was invalidated. Once USCIS get wind of this, they will likely seek to invalidate his green card and deport him.

Edited September 5, 2014 by Hypnos

[Girl from Celebes 588]

You cannot just apply for citizenship, since he is not a permanent resident. He has to be a permanent resident AND have been married to the same USC for 3 years before he would be eligible to apply.

How did he enter the US?

http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Thank you for the info. I really appreciated it.

[KayDeeCee 4,891]

Thank you for the info. I really appreciated it.

You are welcome. If a permanent resident files an I-130 for an unmarried child under 21, but that child marries and the parent had not become a USC, then the petition will no longer be valid. There is no visa category for a married child of a permanent resident.

[KayDeeCee 4,891]

~ Moved from K-1 Process to Bringing Family Members of Permanent Residents to America ~

[Jawaree 717]

Just a thought , I know in that category he was not suppose

to get marry, but you said the marriage was 2 days prior to

receiving card? So technically if it was already approved cant

U get an atty more knowlegable to talk to about any legal

avenues that could be addressed...Did he not mentioned his marriage

prior tio this atty?

Edited September 5, 2014 by Jawaree

[NigeriaorBust 4,087]

If you have his card look at the resident since date . If it is before you married you are fine. If you married before then you are in trouble. If they hadn't done the interview for the green card yet you are in trouble.

[belinda63 2,981]

A lot depends on the circumstances as has been said. Did he already enter the US on his immigrant visa prior to the wedding? I believe the law says the visa will not be valid so if he had already used the visa and was just waiting for the green card to be printed he should be ok. I would check with a second attorney and bring the date of entry to the US on the visa, the date of marriage, and the green card (for date of permanent residency started). Note this applies if he entered the US on an immigrant visa.

If he adjusted from inside the country it becomes even more muddy since a verbal approval at the interview is not a real approval until it is submitted.

[aaron2020 11,651]

I have found myself caught in a tricky situation... My husband immigrated from Venezuela over a decade ago and at the time of filing fell under the unmarried sons under 21 category. I am an American citizen. Not knowing that we couldn't get married until his green card was issued, we went ahead with wedding plans last year. We got married GET THIS- TWO days before his green card was issued. We were jubilant, until we got a call from the attny saying that he didn't know we were getting married and that our marriage negates the green card. He says that my husband will have to renounce his green card and start from scratch, and that if anyone catches the mistake, like when he applied for citizenship, things could get ugly. We have been married a year and a half. Can't I just apply for citizenship for my husband after three years and explain everything? We both feel so down in the dumps about this-it was an honest mistake, and I don't want the love of my life to have to pay for that. What ramifications, if any, will this have on his current job ?( works for the county) i want to do anything legally required, but if it is unnecessary for me to pay an arm and a leg to revoke his green card and start from scratch, then I don't want to spend the money and time.

If he immigrated over a decade ago and you got married last year and his green card was issued last year, what was his status prior?

Your post is confusing. Please gives us dates and when his status changed.

[Boiler 43,438]

If he immigrated over a decade ago and you got married last year and his green card was issued last year, what was his status prior?

Your post is confusing. Please gives us dates and when his status changed.

I was thinking the same.

[Ian H. 207]

It would be extremely helpful if you replied to your thread. This all sounds very confusing because you are talking about 2 days before his GC was issued. I don't know if you are talking about AOS, an immigrant visa, or just the production of his card.

Here is the enchilada: If he entered the US with an immigrant visa, he is ok if he got married after the date of his POE.

If he did AOS, was it approved before you got married? What matters here is the date of approval because that would be the date he became an LPR, not when he receives his card.

If you guys got married before his LPR status went in effect, it his responsibility to report this to USCIS as your attorney suggested since he wouldn't be eligible for a GC under that category. But all hope is not lost.

You may be able to submit an I-130 for him and he may be able to do AOS as the spouse of a USC. The instructions regarding petitioning a spouse who is about to be deported or under immigration proceedings wouldn't apply to you, because you married while his perfectly valid application was pending and so close to being approved, therefore there is no circumventing of immigration laws here if you choose to go this route.

I would definitely consult your attorney as to how to proceed in this case, but it looks like you may be fine because you didn't marry for immigration purposes, because he already had a perfectly valid petition that was going to be approved in a matter of days.

What would happen when USCIS finds out is that his GC would be invalidated as a result of your marriage and they may begin removal proceedings and/or ask him to leave voluntarily. However, you shouldn't fret because the important thing here is the reasons surrounding your marriage.

Since you got married legitimately while he was so close to becoming an LPR, there is no clear and convincing evidence to prove here about not marrying to avoid immigration laws because you didn't get married after any removal proceedings were commenced or knowing that removal proceedings would commence. Because again you got married while he had a petition that was going to be approved.

Worst case scenario, he has to leave the US and apply for a visa abroad. But DO NOT under any circumstances leave things alone, because USCIS WILL find out about this sooner or later, most likely when he renews his GC or applies for citizenship, and once they see the dates, it will be over for him at that point. Again, I would like to reassure you that AOS as the spouse of a USC is a possibility assuming he meets you guys meet all other requirements. Just consult your attorney as to how you should proceed. Good luck.

[Boiler 43,438]

OP posted and has not been back.

[Sam1989 0]

Sorry for the delay. In reply to everyone's questions, he entered the US as a dependent under 21 child, under his mothers sibling application. That was quite some time ago. He received temporary residence status, which renewed a few times until his green card finally came, which was dated may 7, 2013. We were married on may 4th, 2013, which is the problem. Because all paperwork and interviews were finished, and he received a work permit, he never thought to disclose to the lawyer that we were getting married, and only mentioned it in passing when the lawyer called to congratulate him on being a perm resident. This was an honest mistake, but apparently a huge one. Now we have been married for almost two years. As far as USCIS knows, he has a permanent resident status. Therein lies the question: should we wait a year, and apply for his citizenship and explain the whole thing? Do we book a USCIS appointment and ask how to proceed? Do I start the application process all over again, petitioning for him as an alien fiancé/,husband? What happens to his job? We are so frightened and worried. He's my best friend, and I just want to make sure that this situation is dealt with properly, legally, but in a streamlined manner. Any advice is much appreciated