HELP!!! Marriage/green card

[Sam1989 0]

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

Because his the provision he was petitioning for before was to gain legal permanent residence as an unmarried under 21 son of the main applicant. Which is confusing to me because although he was under 21 at the time of his application, he was almost 24 when we got married, and yet the lawyer tells me that any marriage at all before issuance of the green card invalidates it.

[Boiler 43,576]

Should have been a PR on entry?

[Sam1989 0]

Posted 05 September 2014 - 12:30 PM

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."

Unfortunately his family had been in the US for years and he was not a permanent residence on entry... His application residence has nothing to do with our marriage I simply bring it up because our marriage date is the thing that supposedly invalidates this green card, but if everything else falls through, I'm hoping the fact that I'm a US citizen and were married will help.

Should have been a PR on entry?

I wish I could say he was, but he wasn't. He might also fall under dream act because he came when he was a child and has been here since.

[Sam1989 0]

Posted 05 September 2014 - 12:30 PM

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."

His interview was about two years prior to his green card date. Once that was over he was issued temporary residence for one year at a time p, which renewed two or three times until he was awarded his green card.

[aaron2020 11,651]

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

Hi,

Unfortunately, you have lots of problems.

He committed fraud by using a visa that required him to be single when he entered. The U.S. Embassy warn people not to do this. It doesn't matter that it was an honest mistake. He was not qualified to use the visa.

This is not a do-it-yourself situation. You need a lawyer.

Best of luck.

[Sam1989 0]

Hi,

Unfortunately, you have lots of problems.

He committed fraud by using a visa that required him to be single when he entered. The U.S. Embassy warn people not to do this. It doesn't matter that it was an honest mistake. He was not qualified to use the visa.

This is not a do-it-yourself situation. You need a lawyer.

Best of luck.

He WAS single when he entered the US. And when he applied. And when he went on his interview. And when he got his temporary residence status. We assumed that since he was granted legal work status years before that the paperwork was OK and that we were free to get married. We dated for a pretty short period of time, so during all this paperwork we assumed we were free to get married. And of course my absent minded husband should've mentioned life changes like getting married to his then attorney.

[aaron2020 11,651]

He WAS single when he entered the US. And when he applied. And when he went on his interview. And when he got his temporary residence status. We assumed that since he was granted legal work status years before that the paperwork was OK and that we were free to get married. We dated for a pretty short period of time, so during all this paperwork we assumed we were free to get married. And of course my absent minded husband should've mentioned life changes like getting married to his then attorney.

Sorry for my mistakes.

He had to be single to get a derivative benefit. By marrying you before he got his green card, he disqualified himself as a derivative.

Go get a lawyer. Not a diy.

[Boiler 43,576]

How did he enter as a child? Sounds something different