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Got married before oath; Does it effect DCF

Got married before oath; Does it effect DCF

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Old Feb 28th 2004, 6:53 pm
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Default Got married before oath; Does it effect DCF

Hi all,

I got married to a UK citizen in UK, between my N-400 interview(Nov-03) and Oath (Feb-04).

At the oath ceremony, I have indicated on N-445 oath invitation, that I travelled outside US and got married. I also furnished my wife name, date of birth, place of birth, marriage date and her passport number while applying for my new US passport.

The US INS officials congratulated on both i.e. becoming a citizen and on my marriage. They took the N-445 and green card.

After I got the Naturalization Certificate, I noticed that my Marital Status as of Naturalization is marked as SINGLE.

Question: I am planning on applying I-130 petition through Direct Consular Filing (DCF) in London (Mar-04); Does the entry on the certificate effect the petition.

I appreciate all responses.
Thanks a lot
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Old Feb 28th 2004, 9:22 pm
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Default Re: Got married before oath; Does it effect DCF

If I remember correctly from my husband's recent oath ceremony that there were people who had errors on their certificates and they were told to bring the certificates up after receiving them and they would be corrected. Did not the same thing happen at your ceremony?

I can't answer about them wondering about the indication of your having been noted as single on the certificate when you were in fact married.

What did you fill out at the British Consulate when you went for your leave to remain so that you had legal status to reside in the UK in order to be eligible for DCF at the US Consulate there.

Rete


Originally posted by mattbrit
Hi all,

I got married to a UK citizen in UK, between my N-400 interview(Nov-03) and Oath (Feb-04).

At the oath ceremony, I have indicated on N-445 oath invitation, that I travelled outside US and got married. I also furnished my wife name, date of birth, place of birth, marriage date and her passport number while applying for my new US passport.

The US INS officials congratulated on both i.e. becoming a citizen and on my marriage. They took the N-445 and green card.

After I got the Naturalization Certificate, I noticed that my Marital Status as of Naturalization is marked as SINGLE.

Question: I am planning on applying I-130 petition through Direct Consular Filing (DCF) in London (Mar-04); Does the entry on the certificate effect the petition.

I appreciate all responses.
Thanks a lot
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Old Feb 28th 2004, 10:00 pm
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Default Re: Got married before oath; Does it effect DCF

Matt - whereabouts are you residing now? UK or US?

Thanks

Kath
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Old Feb 29th 2004, 1:04 am
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Default Re: Got married before oath; Does it effect DCF

Originally posted by mattbrit
Hi all,

I got married to a UK citizen in UK, between my N-400 interview(Nov-03) and Oath (Feb-04).

At the oath ceremony, I have indicated on N-445 oath invitation, that I travelled outside US and got married. I also furnished my wife name, date of birth, place of birth, marriage date and her passport number while applying for my new US passport.

The US INS officials congratulated on both i.e. becoming a citizen and on my marriage. They took the N-445 and green card.

After I got the Naturalization Certificate, I noticed that my Marital Status as of Naturalization is marked as SINGLE.

Question: I am planning on applying I-130 petition through Direct Consular Filing (DCF) in London (Mar-04); Does the entry on the certificate effect the petition.

I appreciate all responses.
Thanks a lot
Are you aware that in order to be eligible to apply for an I-130 by DCF at the US Embassy in London, you have to fulfill residency status in the UK.

As an American citizen (only), on what grounds will you have residency?

I'm wondering if you think you have fulfilled residency requirements because you are British too (I'm assuming this based on your username on British Exapts). I have a feeling that this will be rejected because the basis for residency is as an American, not as a Brit.

I may be mistaken but this is my gut feeling. I am one half (the British half) of a couple that applied and received an I-130 via DCF in London in the latter half of 2001.
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Old Feb 29th 2004, 2:24 am
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Default Re: Got married before oath; Does it effect DCF

Originally posted by NC Penguin I'm wondering if you think you have fulfilled residency requirements because you are British too (I'm assuming this based on your username on British Exapts). I have a feeling that this will be rejected because the basis for residency is as an American, not as a Brit.
don't ask why, but I thought I remembered this recently:

"Where do I file the petition? The Department of Homeland Security (Immigration) (DHS) office at the U.S. Embassy in London accepts I-130 and I-360 Petitions by post if the petitioner (U.S. Citizen or Lawful Permanent Resident of the United States) is presently residing in the United Kingdom. Proof of residence in the United Kingdom is required of all petitioners. This may be in the form of any one of the following:

-photocopy of the leave to remain stamp in the petitoner's passport;
-a letter from the Home Office confirming the petitioner's status in the U.K.;
-a photocopy of the student or work visa in the petitioner's passport;
-a copy of the petitioner's British or Irish passport, if the petitioner is a British or Irish citizen or holds dual nationality with the U.K. or Ireland; or
-a copy of the petitioner's orders if he or she is a member of the U.S. military stationed in the United Kingdom.
http://www.usembassy.org.uk/cons_web/ins/i130filing.htm

IF the OP is a dualie, looks like that works.

This is such an FAQ we should add it somewhere....
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Old Feb 29th 2004, 6:53 am
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Default Re: Got married before oath; Does it effect DCF

Originally posted by mattbrit

Thanks for all responses so far.

I believe I can file I-130 via DCF in London.
I am not British (sorry if I misled by using mattbrit as user name :-). I am originally from Taiwan, but I am US citizen now. I do live in London (for 9months) and have a UK Work Permit Visa.

My main question is about the Certificate of Naturalization that states my marital status as "SINGLE". As I said, I got married between the N-400 interview and Oath ceremony. I brought this to the one of the officers at the Oath Ceremony, but she said that, as long as I answer the marriage related question on the back of N-445 Oath Invitation, it should be O.K. No need to correct the certificate.

Since I am planning to petition I-130 via DCF, I am worried that the US consulate may raise an issue out of it.

Thanks
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Old Feb 29th 2004, 1:10 pm
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Default Re: Got married before oath; Does it effect DCF

Originally posted by mattbrit
Hi all,

I got married to a UK citizen in UK, between my N-400 interview(Nov-03) and Oath (Feb-04).

At the oath ceremony, I have indicated on N-445 oath invitation, that I travelled outside US and got married. I also furnished my wife name, date of birth, place of birth, marriage date and her passport number while applying for my new US passport.

The US INS officials congratulated on both i.e. becoming a citizen and on my marriage. They took the N-445 and green card.

After I got the Naturalization Certificate, I noticed that my Marital Status as of Naturalization is marked as SINGLE.

Question: I am planning on applying I-130 petition through Direct Consular Filing (DCF) in London (Mar-04); Does the entry on the certificate effect the petition.

I appreciate all responses.
Thanks a lot
Hi:

This is a tough one -- depends upon whether you get an officer from Hell on your case.

As I see it, the error is a harmless one -- it would not have affected your naturalization one whit if you had not made the "correction" at the oath ceremony.

The question is here -- do you bring this to their attention and should you just be prepared to meet it if it comes up? I don't think the error will cause any change in the ultimate result, but I can see it causing delay in processing.
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