2 Marriage Certificates from 2 different countries - Need Advise

[combi 0]

Hi Guys,

we got married twice, thinking that having a marriage certificate from US, would be better.

for our I-130 we used the US Certificate of Marriage and Date.

Reason, because we didnt know the difference between CR-1 and IR-1.

Now our Singapore Marriage certificate is 1st Jan, and Im thinking of using it for our NVC Journey, which obviously will need some explanations.

because now that we are in NVC, Im pretty sure (being optimistic) that we can get the visa before April. and therefore enter US before 2 years of our wedding anniversary and therefore, well you know, CR-1 instead of IR-1.

Any of you has experienced this before and/or whether this would affect our NVC journey, if I were to give the Singapore Marriage Cert and use the date in DS-230?

Or perhaps I shud include both? and give explanation?

[Inky 1,111]

You can't be legally married twice unless you divorced and married again... your first marriage certificate is the date of your legal marriage.

[combi 0]

Oh man... I really never thought about it.

Thanks for the input.

[George & Gina 29]

You'll use the earliest marriage certificate since it's the one that counts. I assume that the Singapore marriage certificate is from January 2009 and that you're aiming to get an IR1 visa? I'm still not certain why someone would have two civil ceremonies with different dates...usually it's civil and church. You'll probably have to explain the two separate marriage certificates and dates, since it sounds like you used the later one to file you I-130. Good luck with your NVC Journey.

George

[canadian_wife 1,823]

What certificate did you use at USCIS? I would submit 2 different marriage certificates, that would cause confusion

Good luck

Edited November 8, 2010 by canadian_wife

[OBX 51]

You can't be legally married twice unless you divorced and married again... your first marriage certificate is the date of your legal marriage.

^^ I would agree.

[Deputy Purple 1,294]

I fact if you used the second marriage certificate at any point in the process then it would be material misrepresentation and can have major negative consequences.

[pushbrk 12,970]

I fact if you used the second marriage certificate at any point in the process then it would be material misrepresentation and can have major negative consequences.

Exactly correct. All this "thinking of using..." nonsense needs to be purged from your head and replaced with truth telling. It's impossible to predict how much damage you've done but the first lies were told when you applied for a license to marry in the USA when you were already married. If you then used that marriage certificate and marriage date to file a petition, you may well have committed a material misrepresentation, the consequence of which is usually a lifetime ban from the USA. What would happen if you simply continue the process using consistent information is unknown but if IR1 status in the USA is your goal, simply delay the US entry until after the anniversary. A CR1 visa holder who enters after the two-year anniversary of marriage to the USC, will be granted IR1 status.

[combi 0]

Exactly correct. All this "thinking of using..." nonsense needs to be purged from your head and replaced with truth telling. It's impossible to predict how much damage you've done but the first lies were told when you applied for a license to marry in the USA when you were already married. If you then used that marriage certificate and marriage date to file a petition, you may well have committed a material misrepresentation, the consequence of which is usually a lifetime ban from the USA. What would happen if you simply continue the process using consistent information is unknown but if IR1 status in the USA is your goal, simply delay the US entry until after the anniversary. A CR1 visa holder who enters after the two-year anniversary of marriage to the USC, will be granted IR1 status.

Thanks for the advise.

I will use consistent information.

[Deputy Purple 1,294]

Thanks for the advise.

I will use consistent information.

But which certificate did you already use? Was the US marriage first or second?

If you used the second on then you're already in trouble because the second marriage is not valid as neither of you was legally able to enter into another marriage.

[combi 0]

But which certificate did you already use? Was the US marriage first or second?

If you used the second on then you're already in trouble because the second marriage is not valid as neither of you was legally able to enter into another marriage.

Actually, looking at the cert its just Church certificate so in fact I think we did the right thing using US one.

hopefully this is not a problem right?

[LotofPatience 65]

I fact if you used the second marriage certificate at any point in the process then it would be material misrepresentation and can have major negative consequences.

[Myopia 93]

Actually, looking at the cert its just Church certificate so in fact I think we did the right thing using US one.

hopefully this is not a problem right?

Well that depends if the church certificate is legal in Singapore. You need to find that out first. In NYC a religious marriage that is performed is considered valid even without a marriage license AND the federal government will allow you to file taxes as married in NY with just a religious marriage certificate. It is something very unique for NYC so theoretically in NY you cant get married religiously and act like you are married and then marry again with a license at city hall because the second is seen as legally invalid.

So be very careful with this situation. You should consult a lawyer. Dont rely on opinions on here. Seriously.

Edited November 9, 2010 by Myopia

[combi 0]

Well that depends if the church certificate is legal in Singapore. You need to find that out first. In NYC a religious marriage that is performed is considered valid even without a marriage license AND the federal government will allow you to file taxes as married in NY with just a religious marriage certificate. It is something very unique for NYC so theoretically in NY you cant get married religiously and act like you are married and then marry again with a license at city hall because the second is seen as legally invalid.

So be very careful with this situation. You should consult a lawyer. Dont rely on opinions on here. Seriously.

Yes, i asked my wife to seek for legal advice there.

thanks.

[Myopia 93]

Well that depends if the church certificate is legal in Singapore. You need to find that out first. In NYC a religious marriage that is performed is considered valid even without a marriage license AND the federal government will allow you to file taxes as married in NY with just a religious marriage certificate. It is something very unique for NYC so theoretically in NY you cant get married religiously and act like you are married and then marry again with a license at city hall because the second is seen as legally invalid.

So be very careful with this situation. You should consult a lawyer. Dont rely on opinions on here. Seriously.

I wanted to bump this because I made a mistake in this and I didn't want anyone to read it and think it was all factual.

In NY you can marry the same person over and over again regardless.So you can marry in a church to the same person, a mosque to the same person even a temple to the same person. NY allows you to marry the same person more than once and it is not illegal to do so.

In NY the religious marriage without a license is valid but that doesn't mean that it is valid for USCIS purposes. What the IRS will accept is not the same as USCIS.

I'm going by personal experience. I got married in a religious ceremony and then married civilly. When we went to get our marriage license, we told the clerk that we were religiously marriage and she said "Oh it doesn't matter its not a legal marriage". She was wrong. It is but in the US, I would never go by the word of a Clerk in these matters. It is legal but just like gay marriage is legal in some states, it doesn't mean its legal for USCIS purposes. (Even though its not exactly the same, its just an example.

I just wanted to make that clear in case anyone read this in future months.

Thanks!

Edited March 21, 2011 by Myopia