Married before first entry (split) (merged)

[Jubblee 1]

My wife also immigrate to usa as  derivative but before 1st entry to us we have been married and now she also applied for me spouse visa

[Chancy 6,241]

12 minutes ago, Jubblee said:

My wife also immigrate to usa as  derivative but before 1st entry to us we have been married and now she also applied for me spouse visa

 

I think you better prepare for married life outside the US as your wife was admitted to the US unlawfully if she entered as a married derivative beneficiary.  USCIS will discover that she was wrongfully granted LPR status, so she is not eligible to petition for you.

 

[Jubblee 1]

We dont know about that now what happened  please help is that case happened  to anyone else you know and what consequences  had to face in this case?

[Chancy 6,241]

3 minutes ago, Jubblee said:

We dont know about that now what happened  please help is that case happened  to anyone else you know and what consequences  had to face in this case?

 

USCIS will see that the date of your marriage listed on your marriage certificate is before your spouse petitioner's "Resident Since" date on her green card.  It's likely that USCIS will deny the petition due to your wife not being eligible to petition.  Worst case scenario is that USCIS will discover that your wife illegally used the visa to enter the US when it was meant for an unmarried derivative.

 

[Family 4,025]

On 8/2/2022 at 6:46 PM, Legend007 said:

My daughter she’s a derivative family member unmarried and her immigrant visa issued with principal applicant (F41). Is she can get marry before entering USA on immigrant visa or first she need to travel USA on immigrant visa and return back for marriage? 

 

1 hour ago, Jubblee said:

My wife also immigrate to usa as  derivative but before 1st entry to us we have been married and now she also applied for me spouse visa

Can you please clarify who the Petitioner was for your wife’s case? ( need to determine if wife was “ derivative “ or principal.

 

Am assuming wife is LPR and filed for you ( husband) as F-2A …How old is your daughter?

[Ontarkie 14,275]

~~Hijack post and related replies split off to their own thread. Please do not post questions about your own case in other members threads. It can cause confusion to the thread.~~

[Jubblee 1]

Hi there my wife immigrate to usa as derivative  beneficiary  mean she was a family member and immigrate with his parents as child beneficiary  but before immigrate  she has been married  to me although  in ds 260 form in her information we also select there as the marital status is married and also provided there information  about her spouse... now she is in usa and she's gonna apply for me as spouse visa please tell me is there any problem in this proceeding? I heard that my petition  will be denied  as she married before enter to usa please any one with authentic  information  help me please too muc confused

[Boiler 45,661]

I can not think of a derivative beneficiary category that allows the derivative to be married? Perhaps there is one out there.

 

So how did she qualify?

[Jubblee 1]

@Boiler she's  there with the f43 visa catagory but she has been married  before enter to usa now she's  gonnap apply for me spouse visa f2a 

[Boiler 45,661]

5 minutes ago, Jubblee said:

@Boiler she's  there with the f43 visa catagory but she has been married  before enter to usa now she's  gonnap apply for me spouse visa f2a 

For that category you have to be single. So something has gone wrong and  was inadvertently issued a visa

[Crazy Cat 41,980]

1 hour ago, Jubblee said:

I heard that my petition  will be denied  as she married before enter to usa please any one with authentic  information

If her visa was for an unmarried visa holder, she entered the US under the wrong visa category.  That could be seen as misrepresentation.  I would consult an attorney who can analyze the entire sequence of events. 

She should have entered the US before marriage.

Edited August 12, 2022 by Crazy Cat

[Boiler 45,661]

I find it difficult to believe she was issued a visa with the Consulate knowing she was married, obviously the details are critical.

[Demise 1,295]

Well, she's in US. Only thing that could really be done for her to not get deported once USCIS catches on is the INA 237(a)(1)(H) waiver.

https://www.ilrc.org/sites/default/files/resources/237a1h_waiver_advisory_nov._2019_dec._2019-final.pdf

 

This is way above this site's paygrade.

Edited August 13, 2022 by Demise

[Jubblee 1]

@Boiler @Crazy Cat the whole process took 12 years to get visa issued in thi process also she aged out (more than of 21 years) and parents loose hope to get visa issued so they had married her to me...

 One thing more also we tell them that she had married in Ds-260 Alien registration  form we mentioned  all that about marriege and provide all information  like marriage  date her spouse all details etc also when the medical happened  before issuing  visa the medical officer  asked her are you married she told that yes I am married so the medical  officer refused  to take medical and told her to wait then the medical officer called the US embassy and tell them all the embassy allowed  to do her medical... so in this way all we did is in legal way..... 

[Lil bear 4,252]

23 minutes ago, Jubblee said:

@Boiler @Crazy Cat the whole process took 12 years to get visa issued in thi process also she aged out (more than of 21 years) and parents loose hope to get visa issued so they had married her to me...

 One thing more also we tell them that she had married in Ds-260 Alien registration  form we mentioned  all that about marriege and provide all information  like marriage  date her spouse all details etc also when the medical happened  before issuing  visa the medical officer  asked her are you married she told that yes I am married so the medical  officer refused  to take medical and told her to wait then the medical officer called the US embassy and tell them all the embassy allowed  to do her medical... so in this way all we did is in legal way..... 

i understand that you have followed the procedure … declared the marriage on the DS260.. and the advice of the consulate.  Unfortunately, if it is assessed that her visa was issued in error .. even though it seems to have been a USCIS error.. I cant see them ignoring the error or its consequences. Best to get a GOOD lawyer to review everything with you now.. you need to know where things stand for both of you. Please let us know ..