marriage cert

[Cheezees 1,514]

Seek legal counsel.

[Soup Dragon 104]

Nobody is saying you can't live WHERE you want, of course you can, that is not what is being discussed here. I am also not suggesting that you don't have sole custody either, I'm sure you do, but with all due respect I do find it strange that someone can just remove two young children from their schools and home, go on a vacation, get married and just decide on a whim not to return home. Hasn't the school asked where they are? Did you tell the school at the end of their last term that they would not be returning after their vacation or does the school now just think they have disappeared or gone elsewhere?

What are you doing about their education now that they are in the States?

[Mrs.Hull210 24]

I am only going off of your local service center being San Antonio, so if you received your license and married outside of Bexar County, I strongly suggest you recheck the marriage license expiration policy in the correct county.

[ydaoc 0]

Nobody is saying you can't live WHERE you want, of course you can, that is not what is being discussed here. I am also not suggesting that you don't have sole custody either, I'm sure you do, but with all due respect I do find it strange that someone can just remove two young children from their schools and home, go on a vacation, get married and just decide on a whim not to return home. Hasn't the school asked where they are? Did you tell the school at the end of their last term that they would not be returning after their vacation or does the school now just think they have disappeared or gone elsewhere?

What are you doing about their education now that they are in the States?

They are already in school as discussed with their school back in Iceland, they said they need to attend school, it is school law, and the only way they accept them leaving is by if they went to school here which they do.

[aruadha 58]

I am honestly wondering why you would go get a marriage license before you even applied for a K1 if that was what you were originally planning on doing?

I don't live in Texas but in Tenn our marriage license was only good for certain length of time....not forever. Which is why we applied for it very shortly( like a week prior) to our actual marriage once he had gotten here on the approved K1.

[Lowlie 191]

So that means that USCIS does look for when the marriage certificate was applied for?

I thought they only cared about when the marriage took place?

And yes I dont want them to find out, because we are afraid that they would not believe our explanation. The truth is one thing but whether or not people believes you is another

But do they look at marriage certs? Isnt it the wedding date and when you got married that they look for? And if we would of wanted to commit visa fraud we would of been smarter and never applied for the marriage cert right? I think this alone proves we did not plan this. I am just terrified it will be used against us. And i want peoples input here about this.

Can I call USCIS and ask them myself? Or would that be stupid?

Yes, they will take note of when you applied for the certificate. They are very thorough.

I would not recommend calling USCIS to ask them yourself.

I do recommend you contact an attorney.

[templeton 120]

Applying for a marriage license while visiting is fine. It's validity is probably a moot point. The OP says they got married. If they have a certified marriage certificate, they're probably married. Do you have that, OP?

She entered the US legally, and as the spouse of a USC, the OP has the option of applying for residency. That's not in dispute, nor is it necessarily fraud.

The OP says she has the legal authority to relocate her children internationally without consent or notification of the father. Some are understandably skeptical, but that doesn't make them right. Hopefully she made absolutely sure that is the case before applying for AOS, but USCIS will obviously verify that when the time comes. The OP will have to deal with the consequences if she's wrong.

The biggest issue would be that since she came in on the VWP, the OP is also taking on some serious risks attempting AOS. Clearly there are some flags here. When the time comes she will likely have to answer some tough questions about how she was able to, supposedly on a whim while on vacation, up and leave her and her school-age children's life behind in Iceland with no pre-planning. Clearly she must have these answers, as that is what she supposedly did. Hopefully the interviewing officer finds them believable. OP, have you weighed the consequences of a denial in your case? Are you even aware of them???

[Villanelle 4,121]

Okay I didnt post in your other thread before it got locked. You have a lot of things going on- so,

#1- Preconceived Intent. "The issue that arises for non-immigrant visa holders who may want to apply for a Change of Status or Adjustment of Status is that in doing so, it brings into question whether or not the applicant had a “preconceived intent” at the time that they were granted their non-immigrant visa; this is the basis for the 30/60 day rule. According to the Department of State’s Foreign Affairs Manual (9 FAM 40.63, N 4.7), the 30/60-day rule is meant to be used for guidance only, since it is not governed by the statutes or regulations. Thus, it should not be used in a denial.

... If an alien files an immigration petition or applies for an adjustment of status within 30 days’ entry into the United States, the USCIS would likely find that the alien entered with “fraudulent intent” to remain in the U.S. and the non-immigrant visa would be classified as fraudulently obtained under the laws.

If the alien applies for a change of status or adjustment of status after 30 days but before 60 days after entry, the USCIS could view the change or adjustment with an assumption that he/she had a “preconceived intent” to enter as a non-immigrant. However, the assumption may be rebutted by the applicant with evidence showing a change of circumstances

.While it is not a guarantee, if the alien applies for the change of status or adjustment status after 60days of entry into the U.S., USCIS may not look upon the application negatively. "

So which category are you? Likely, could, or may not? This is the best answer you are going to get. No one knows. Clearly obtaining a marriage license beforehand falls into evidence to the contrary of no intent, so at the very least you can not use it to show there was no intent. Most people can show they got married on a whim by showing the license date. You can not use that. Will they look at it/into it on their own? Possibly. NO ONE can tell you that it is going to be researched or not. The best anyone can say is they have the right to research it. Period. Will they? Its unknown but they can.

#2 Child custody and Parental Consent. Here is a long and detailed webpage explaining it.

https://globaljusticeinitiative.files.wordpress.com/2010/06/alanen-parental-consent-for-child-visa-issuance.pdf

Please read it. It explains EVERYTHING. They are looking to ensure that you have the legal right to move your child. If you state you have sole custody- hey I believe you, but you need to demonstrate that to the US. Please refer to the paragraph in the above link where it talks about Mexican Family law. Patria Postesdad. Does Iceland have something like that? I dont know. Generally you need to demonstrate who the parents are and that you have the right to move them,. I would urge you to contact the Embassy in Iceland where if you did do a K visa you wouldve went through and ask them specifically what is needed in your situation of "sole custody". You can email them they have contact us info available online.

[Lowlie 191]

Okay I didnt post in your other thread before it got locked. You have a lot of things going on- so,

Why do people tend to have two threads going at the same time, on the same subject?

[Villanelle 4,121]

I guess they are not satisfied or they just want to hear something and will keep asking until they hear what they want.

Here is an old thread about intent and one that is an example of someone who was in the "likely" category that had a tough interview.

http://www.visajourney.com/forums/topic/475741-preconceived-intent-to-marry-and-adjust-status/page-2

http://www.visajourney.com/forums/topic/437378-aos-and-preconceived-intent/#entry6314901

Its important to note that while "intent" can not be used for the basis of denial as shown above it can make things complicated. If they find fraudulent activity they can deny you. They can use the fact that they found you entered fraudulently and therefore lied to say hey we dont believe anything you say now ie I entered the marriage in good faith and not for benefits. Thats something you can be denied for. So its complicated. Simply saying they can not deny me for intent so I wont worry about it is irresponsible. Because again them finding you lied about your intent at POE can cause them to not believe anything you say.

Some one in that situation needs to have things to support they did not lie at POE and had no intent to stay. Having a marriage license already doesnt support that. Saying we were going to apply for the K and didnt- well that doesnt support it much either because logic says you looked into it and realized how long of separation it would be and decided to circumvent it. What this couple would have going for them is the total lack of planning for the children- like mentioned its a little crazy to take your kids on vacation and then just stay, any property and vehicles left behind, perhaps luggage receipts showing they brought a min of items with them (?) I believe an attny would recommend proof like that to support the "no intent". Letters from the landlord showing they are breaking a lease because they are not coming home, letters from the school showing this was not pre-planned. Letters of activities and commitments they had back home that they are going to miss out on now.

[Amhara 460]

Seek legal counsel.

I like the suggestions on this post so far, but this is the one I'd go with if I were in the OP's situation - regardless of intent.

Yes, in the state of Texas, marriage licenses are only good for 90 days - not forever - so you must have gotten a marriage certificate, which is a legally binding marriage.

Sec. 2.201. EXPIRATION OF LICENSE - If a marriage ceremony has not been conducted before the 90th day after the date the license is issued, the marriage license expires.

(http://www.statutes.legis.state.tx.us/Docs/FA/pdf/FA.2.pdf) page 17

[Shauneg 762]

I still think you're good.

[raven52 233]

I must apologize to the OP, but being very honest, I have never been so confused, by a thread on this site.

IF, and I say If I get the meaning, you were here from Iceland, got a marriage license, which I would assume would have a date on it, and you returned """some time later"" and used it to get

married.

IF I was an officer I would say this was "well planned" even though we know it wasn't as you meant no harm.

What I see here is a marriage license date, and a re-entry and a marriage.,.,even we know this is not the intent, it is just the way it looks.

To me.,this could be a problem. Lets hope all goes well, and maybe a marriage license has no issue date on it, then you are fine.

Lets hope for the best.

[Alaska2012 462]

Don't sweat it. If you didn't intend to marry when you came over but then changed your mind once getting here you are ok. People does it! If it's not pre-planned its ok!

I saw someone mention your children and the custody. That's not a problem either. According to Icelandic law you are in your fully right to move your kids here without consent from the other parent when you have sole custody and that's what uscis will go by.

Sweden have the same law and I had no issue.

Take a deep breath. You got this!

[Hardfacts123 50]

Seek the aid of legal counsel, you pay them to worry for you. Posting multiple posts and getting the same answers will not aid you in calming your worries and concerns.

In the end doing it this way may be more costly, than doing the initial K1 and waiting it out in your home country. Some time short cuts cost more. I do understand your concerns, you don't want to dish out close to 4 thousand dollars to USCIS have your petition denied. Since in your situation there will be no recourse to appeal.

Good luck on your journey going forward.