Trackstar23

17 minutes ago, dwheels76 said:

Just curious why was this a big secret? Seems something more you are hiding. I mean why go all the way back to India to keep a secret then come here and marry again. I'm confused. Help me understand this.

TBH I don't know why, which is why I came here. It makes no sense to me. I did learn that there is more to it; the family's worked together and filled out petitions on behalf of the wife (was an arranged marriage). So yeah, this is going to get interesting lol.

It might be just because he was on a F1 Visa and wanted his family to be at the wedding (they live in India), but did not want to lose his status...? Just taking a guess. We submit a FOIA request, but looks like that data won't be here until November.

5 minutes ago, SteveInBostonI130 said:

I am not sure what you are trying to say?  

 

The religious ceremony has very little impact in this story.  What does have impact is if the person was asked a question by CBP and willfully lied.  Another impact is if they came back to the US on the F1 or employment visa, with premeditated intent to adjust status through marriage.  If they just returned to the US to resume as normal, but due to some other circumstance they decided to adjust status instead of consular processing, that is fine also.

 

I am not sure who this person or couple is to you, but if you have evidence of material misrepresentation or other visa fraud, you can send a letter to USCIS.

 

EDIT:  The letter to USCIS, if you do send it, has to contain evidence. Not hearsay and not your personal feelings or opinions.

Perfect. This clears things up a bit. Thank you for the reply.

This is for a close family member. They have the Nikahnama (islamic marriage contract) and an english translation along with the video of the big wedding in India, but they do not plan on taking action just yet.

5 minutes ago, SteveInBostonI130 said:

I am not sure what you are alluding to.  CR1 is the same as IR1, just in technicality of the length of marriage, and subsequent allotment of 2 yr GC vs 10 yr GC.  Are you talking about consular visa processing?

 

So, from what you said, it seems the couple did not think their ceremony would be recognized as a proper marriage with a marriage certificate, so they registered and married in CA.  I do not know about this ceremony you refer to, and it's associated ramification.   At worst, the couple married twice, without divorcing in-between.  At best, one was ceremonial and the other official.

 

In order to get denaturalized,  there would need to be some significant misrepresentation that would need to be upheld in US court.  And for USCIS to review his case, something else is needed to trigger the investigation, like a criminal arrest.  Take a look at the below list of denaturalized  persons, and see if the person you are describing meet any of the reasons stated in the list:

 

https://en.wikipedia.org/wiki/List_of_denaturalized_former_citizens_of_the_United_States

 

So if you just completely avoid any mention of what was considered a legal marriage abroad on any petition, do a wedding in the United States 3 months later and hide the marriage abroad so you can complete an adjustment of status in the United States without having to leave the country, then you are fine right?

Seems like a pretty big loophole to me, especially considering they were on an F1 Visa. I am just trying to get clarity. Not worried about tif they can or will be denaturalized.

1 hour ago, Sparkle Sparkle said:

Repetition of marriage to the same person without "DIVORCE" inbetween carries no negative effects....now that you Divorced you must marry again to be considered married even if it means to the same person....some countries do multiple marriage ceremonies..e.g Traditional and the white wedding and the court wedding to the same person...its only an issue if you Divorced then married again...if you didnt disclose this it is considered material misrepresentation.

The problem is based on India law, the Nikah ceremony was considered a legal ceremony since both parties signed the Nikahnama and all of the required witnesses were there. It was registered with the local islamic association. I was under the impression that one can only be married legally once, and that all marriages performed after were considered invalid since you were already married?

Basically this person used only the second the marriage in the United States to avoid having to go through a process overseas (CR-1). Is that legal? In India, there is no marriage registration requirement for a Muslim to be considered "legally" married, so that super complicates things.

Came to the U.S. on an F1 Visa

Obtained OPT employment authorization

Found an American citizen wife through an online database

Went to India while on F1 Visa to marry the American Citizen wife (complete Nikahnama registered with islamic association, but intentionally did not register the marriage with Indian Government)

Had another "legal" marriage in the United States 3 months later (California) to the same person

Did not mention the India marriage on any petition or interview

Obtained marriage-based green card

Became naturalized citizen

Divorced

Based on the fact pattern above, is the person likely to face any consequences if USCIS uncovers the hidden marriage?