Getting Married Overseas

[Sonic561 0]

Hi Guys,

I just came across this forums. it seems that it has a lot of good information. I have a quick question. I am US Citizen and i got married outside the US to non-US resident. She had B2 Visa (Visitor Visa). I saw her in the states and we got married in our country due to family requirements. Then after the wedding we came to US. She entered based on her B2 Visa. We got married again in the US to get a marriage certificate (we were not sure if this was necessary). Anyway, when i am submitting the immigration paper work they are asking for the married date. which Date should i put in the application; Overseas date or US marriage certificate date?

I really appreciate your help. Thanks in advance.

[Alaska2012 462]

Overseas date.

[HK12 273]

Not sure about the two marriages deal; others will surely chime in on that. What I am wondering is where is she right now; did she leave the U.S. after getting married? Are you trying to adjust her status from within the U.S.? Entering the U.S. on a non-immigrant visa (B2 visa) with immigration intent is immigration fraud.

Edited November 4, 2013 by HK12

[canadian_wife 1,823]

Married is married, you were married when you wed overseas, I'd include that marriage certificate as the marriage in the US was unnecessary

good luck

[Sonic561 0]

Okay she is currently in the US. Yes, trying to adjust the status. The married would happen in the US when she was here. But since the ceremony had to happen overseas, there was not much option. There is no fraud intention here. we figured instead being apart, why not adjusting the status while we are living together.

[Sonic561 0]

Married is married, you were married when you wed overseas, I'd include that marriage certificate as the marriage in the US was unnecessary

good luck

so i did not need to get married again the in the US?

would they give us trouble since she entered with here Visa B2?

[canadian_wife 1,823]

It seems like you brought her here on a B visa with the intentions of adjusting status...correct? Then yes, you might expect trouble as that is visa fraud.

good luck

[Sonic561 0]

It seems like you brought her here on a B visa with the intentions of adjusting status...correct? Then yes, you might expect trouble as that is visa fraud.

good luck

As I stated there was no fraud intention. I am asking what should be the right thing to do. I am not asking to state the obvious. yes, i should be expecting trouble. what kind of trouble ?? should i send her back and wait until i file everything while she is not in the states?

I am looking for suggestions

[NigeriaorBust 4,087]

Entering the US with a visitors visa with the intent on staying IS immigration fraud and can be punished with a lifetime ban. No one here wants to be separated from our spouses we just all believe in not breaking laws because they are inconvenient

[ValerieA 350]

Use the initial wedding date. Good luck on your AOS!

[canadian_wife 1,823]

If I was the beneficiary in your situation, I'd want to go home because I'd be the one facing a lifetime ban.

good luck

[HK12 273]

Okay she is currently in the US. Yes, trying to adjust the status. The married would happen in the US when she was here. But since the ceremony had to happen overseas, there was not much option. There is no fraud intention here. we figured instead being apart, why not adjusting the status while we are living together.

If you got married overseas, then your option would have been a CR1/IR1 visa and to wait like everyone else.

[lierre 224]

Use the first wedding date. And yes, you are doing Adjustment of Status. Good luck!

[jaycali 415]

First wedding date. Your second wedding was unnecessary and not entirely valid. You cannot be married twice without divorce in the middle.

[GabbyBird 53]

Personally, I feel that if you use the first overseas date, you are committing fraud and do risk the ban. There is one (terrible) saving grace for you though, if you guys use the USA marriage as the official and never mention the overseas marriage, you can say she entered with the intent to visit and you just decided on a whim to get married here.

But this is a VERY grey area and even I would be uncomfortable using that approach because while technically possible, it is another lie on top of a lie.

The safest and most legal thing you can do is send her home and start the I-130 process. My wife was here on a 2-year student visa when we got married and we decided it was best for her to return for the I-130 process rather than trying to adjust from a non-immigrant visa.. Had a fantastic side effect of giving her plenty of time to change her name abroad and get new passports (very difficult in russia).

Edited November 5, 2013 by GabbyBird