marriage registration question in the context of N-400 and I-130
Jan 19th 2003, 8:44 pm
#1
Guest
Posts: n/a
marriage registration question in the context of N-400 and I-130
Hello Friends,
Bringing a spouse from overseas has indeed been an issue for most of
us. I have an issue in this regard which i would like to get a
feedback from you, in case you had a similar situation or you know
something about it.
I am a US permanent resident married to a girl from india two years
ago. She has visited me a couple of times on a multiple entry visitor
visa, but stayed only a few months at a time. Now she is back in india
waiting for my citizenship process to finish. I just got my finger
prints done.
So here is the problem. We got married two years ago, but we did not
register our marriage back then in india as we were busy travelling.
But in my N-400, I stated all the details of our marriage correct
including the date when we got married. We still are not yet in
possession of the marriage certificate, as i have had not chance to
visit india again. Given the fact that INS has the exact date of
marriage, can we still get married in the country clerk's office again
just for the sake of getting the marriage certificate. But this will
be on a different date. Note that this wont be lying but just doing
something which is more convenient. She can always come back on the
visitor visa and we can get married again and explain to the INS that,
we could not register our original marriage because of the reasons of
traveling at that time and my not being able to take a vacation now.
Will this work when I apply I-130 for her? Have there been such cases
in the past? Folks who got married overseas, but have to get married
again here in US for the sake of marriage certificate?
Any advice or recouting of experiences in this matter will be very
much appreciated.
Thanks a lot
Manava
Bringing a spouse from overseas has indeed been an issue for most of
us. I have an issue in this regard which i would like to get a
feedback from you, in case you had a similar situation or you know
something about it.
I am a US permanent resident married to a girl from india two years
ago. She has visited me a couple of times on a multiple entry visitor
visa, but stayed only a few months at a time. Now she is back in india
waiting for my citizenship process to finish. I just got my finger
prints done.
So here is the problem. We got married two years ago, but we did not
register our marriage back then in india as we were busy travelling.
But in my N-400, I stated all the details of our marriage correct
including the date when we got married. We still are not yet in
possession of the marriage certificate, as i have had not chance to
visit india again. Given the fact that INS has the exact date of
marriage, can we still get married in the country clerk's office again
just for the sake of getting the marriage certificate. But this will
be on a different date. Note that this wont be lying but just doing
something which is more convenient. She can always come back on the
visitor visa and we can get married again and explain to the INS that,
we could not register our original marriage because of the reasons of
traveling at that time and my not being able to take a vacation now.
Will this work when I apply I-130 for her? Have there been such cases
in the past? Folks who got married overseas, but have to get married
again here in US for the sake of marriage certificate?
Any advice or recouting of experiences in this matter will be very
much appreciated.
Thanks a lot
Manava
Jan 19th 2003, 10:50 pm
#2
Guest
Posts: n/a
Re: marriage registration question in the context of N-400 and I-130
If you are already legally married by the laws of India, then you are
legally married by the laws in the US states. Therefore, you can not
legally get married again the county clerks office.
Can your wife get the necessary documents from India?
You will have problems telling INS you were married 2 years ago in India
and showing a more recent certificate from a marriage in the US.
legally married by the laws in the US states. Therefore, you can not
legally get married again the county clerks office.
Can your wife get the necessary documents from India?
You will have problems telling INS you were married 2 years ago in India
and showing a more recent certificate from a marriage in the US.
Jan 20th 2003, 3:30 am
#3
Guest
Posts: n/a
Re: marriage registration question in the context of N-400 and I-130
Its more a question of whether you have consummated the marriage. Tom
"Manava" wrote in message
news:[email protected]...
> Hello Friends,
> Bringing a spouse from overseas has indeed been an issue for most of
> us. I have an issue in this regard which i would like to get a
> feedback from you, in case you had a similar situation or you know
> something about it.
> I am a US permanent resident married to a girl from india two years
> ago. She has visited me a couple of times on a multiple entry visitor
> visa, but stayed only a few months at a time. Now she is back in india
> waiting for my citizenship process to finish. I just got my finger
> prints done.
> So here is the problem. We got married two years ago, but we did not
> register our marriage back then in india as we were busy travelling.
> But in my N-400, I stated all the details of our marriage correct
> including the date when we got married. We still are not yet in
> possession of the marriage certificate, as i have had not chance to
> visit india again. Given the fact that INS has the exact date of
> marriage, can we still get married in the country clerk's office again
> just for the sake of getting the marriage certificate. But this will
> be on a different date. Note that this wont be lying but just doing
> something which is more convenient. She can always come back on the
> visitor visa and we can get married again and explain to the INS that,
> we could not register our original marriage because of the reasons of
> traveling at that time and my not being able to take a vacation now.
> Will this work when I apply I-130 for her? Have there been such cases
> in the past? Folks who got married overseas, but have to get married
> again here in US for the sake of marriage certificate?
> Any advice or recouting of experiences in this matter will be very
> much appreciated.
> Thanks a lot
> Manava
"Manava" wrote in message
news:[email protected]...
> Hello Friends,
> Bringing a spouse from overseas has indeed been an issue for most of
> us. I have an issue in this regard which i would like to get a
> feedback from you, in case you had a similar situation or you know
> something about it.
> I am a US permanent resident married to a girl from india two years
> ago. She has visited me a couple of times on a multiple entry visitor
> visa, but stayed only a few months at a time. Now she is back in india
> waiting for my citizenship process to finish. I just got my finger
> prints done.
> So here is the problem. We got married two years ago, but we did not
> register our marriage back then in india as we were busy travelling.
> But in my N-400, I stated all the details of our marriage correct
> including the date when we got married. We still are not yet in
> possession of the marriage certificate, as i have had not chance to
> visit india again. Given the fact that INS has the exact date of
> marriage, can we still get married in the country clerk's office again
> just for the sake of getting the marriage certificate. But this will
> be on a different date. Note that this wont be lying but just doing
> something which is more convenient. She can always come back on the
> visitor visa and we can get married again and explain to the INS that,
> we could not register our original marriage because of the reasons of
> traveling at that time and my not being able to take a vacation now.
> Will this work when I apply I-130 for her? Have there been such cases
> in the past? Folks who got married overseas, but have to get married
> again here in US for the sake of marriage certificate?
> Any advice or recouting of experiences in this matter will be very
> much appreciated.
> Thanks a lot
> Manava
Jan 20th 2003, 4:20 am
#4
Guest
Posts: n/a
Re: marriage registration question in the context of N-400 and I-130
Tom Butterworth wrote:
>
> Its more a question of whether you have consummated the marriage. Tom
What are you talking about?
He include his marriage date in India on his N-400.
He can't turn around for I-130 and claim they were married in the US on
a different date.
>
> Its more a question of whether you have consummated the marriage. Tom
What are you talking about?
He include his marriage date in India on his N-400.
He can't turn around for I-130 and claim they were married in the US on
a different date.
Jan 20th 2003, 4:37 am
#5
Guest
Posts: n/a
Re: marriage registration question in the context of N-400 and I-130
mrtravel wrote in message news:...
> If you are already legally married by the laws of India, then you are
> legally married by the laws in the US states. Therefore, you can not
> legally get married again the county clerks office.
> Can your wife get the necessary documents from India?
>
> You will have problems telling INS you were married 2 years ago in India
> and showing a more recent certificate from a marriage in the US.
Hm.. She cannot get the necessary documents without my going there
first, as we will both need to be present before the registrar. So I
guess, i cannot avoid making a trip. It is a little difficult to ask
for a vacation, as i just joined a new company.
Another related question. Once i make a trip to to india and complete
the registration, we intend that she will visit me on a her multiple
entry visitor visa again. This is usually valid for 6 months.
Supposing my citizenship comes through while she is still here on a
valid visa, and I apply for I-130 and she for I-485( because of her
physical presence here), she will not have to go back after the visa
expires, is n't it?
Even if her visa expires before my citizenship comes through, it seems
she will be allowed to stay on the basis that she is married to a
citizen. Because the citizenship is so close, she will definitely not
violate the 180day overstay while being married to a citizen.
In either case, once we have the marriage certificate in hand and she
comes to visit me again, it appears that she will not have to go back
again.
Please correct my understanding, if you find any flaws.
Thanks a lot
Manava
> If you are already legally married by the laws of India, then you are
> legally married by the laws in the US states. Therefore, you can not
> legally get married again the county clerks office.
> Can your wife get the necessary documents from India?
>
> You will have problems telling INS you were married 2 years ago in India
> and showing a more recent certificate from a marriage in the US.
Hm.. She cannot get the necessary documents without my going there
first, as we will both need to be present before the registrar. So I
guess, i cannot avoid making a trip. It is a little difficult to ask
for a vacation, as i just joined a new company.
Another related question. Once i make a trip to to india and complete
the registration, we intend that she will visit me on a her multiple
entry visitor visa again. This is usually valid for 6 months.
Supposing my citizenship comes through while she is still here on a
valid visa, and I apply for I-130 and she for I-485( because of her
physical presence here), she will not have to go back after the visa
expires, is n't it?
Even if her visa expires before my citizenship comes through, it seems
she will be allowed to stay on the basis that she is married to a
citizen. Because the citizenship is so close, she will definitely not
violate the 180day overstay while being married to a citizen.
In either case, once we have the marriage certificate in hand and she
comes to visit me again, it appears that she will not have to go back
again.
Please correct my understanding, if you find any flaws.
Thanks a lot
Manava
Jan 20th 2003, 4:46 am
#6
Guest
Posts: n/a
Re: marriage registration question in the context of N-400 and I-130
Manava wrote:
>
> Another related question. Once i make a trip to to india and complete
> the registration, we intend that she will visit me on a her multiple
> entry visitor visa again. This is usually valid for 6 months.
> Supposing my citizenship comes through while she is still here on a
> valid visa, and I apply for I-130 and she for I-485( because of her
> physical presence here), she will not have to go back after the visa
> expires, is n't it?
Yes, after she is here, she can adjust status if your "citizenship comes
through", if there has not been fraud at the point of entry.
It is also possible that if INS knows she is coming to visit her husband
who lives here, she might be refused entry on the belief that she is
planning to stay in the US.
>
> Another related question. Once i make a trip to to india and complete
> the registration, we intend that she will visit me on a her multiple
> entry visitor visa again. This is usually valid for 6 months.
> Supposing my citizenship comes through while she is still here on a
> valid visa, and I apply for I-130 and she for I-485( because of her
> physical presence here), she will not have to go back after the visa
> expires, is n't it?
Yes, after she is here, she can adjust status if your "citizenship comes
through", if there has not been fraud at the point of entry.
It is also possible that if INS knows she is coming to visit her husband
who lives here, she might be refused entry on the belief that she is
planning to stay in the US.
Jan 20th 2003, 3:43 pm
#7
Concierge
Joined: Apr 2001
Posts: 46,393
Re: marriage registration question in the context of N-400 and I-130
Originally posted by Tom Butterworth
Its more a question of whether you have consummated the marriage. Tom
Its more a question of whether you have consummated the marriage. Tom
Rete
Jan 20th 2003, 3:48 pm
#8
Concierge
Joined: Apr 2001
Posts: 46,393
Re: marriage registration question in the context of N-400 and I-130
Originally posted by Manava
Hm.. She cannot get the necessary documents without my going there
first, as we will both need to be present before the registrar. So I
guess, i cannot avoid making a trip. It is a little difficult to ask
for a vacation, as i just joined a new company.
Another related question. Once i make a trip to to india and complete
the registration, we intend that she will visit me on a her multiple
entry visitor visa again. This is usually valid for 6 months.
Supposing my citizenship comes through while she is still here on a
valid visa, and I apply for I-130 and she for I-485( because of her
physical presence here), she will not have to go back after the visa
expires, is n't it?
Even if her visa expires before my citizenship comes through, it seems
she will be allowed to stay on the basis that she is married to a
citizen. Because the citizenship is so close, she will definitely not
violate the 180day overstay while being married to a citizen.
In either case, once we have the marriage certificate in hand and she
comes to visit me again, it appears that she will not have to go back
again.
Please correct my understanding, if you find any flaws.
Thanks a lot
Manava
Hm.. She cannot get the necessary documents without my going there
first, as we will both need to be present before the registrar. So I
guess, i cannot avoid making a trip. It is a little difficult to ask
for a vacation, as i just joined a new company.
Another related question. Once i make a trip to to india and complete
the registration, we intend that she will visit me on a her multiple
entry visitor visa again. This is usually valid for 6 months.
Supposing my citizenship comes through while she is still here on a
valid visa, and I apply for I-130 and she for I-485( because of her
physical presence here), she will not have to go back after the visa
expires, is n't it?
Even if her visa expires before my citizenship comes through, it seems
she will be allowed to stay on the basis that she is married to a
citizen. Because the citizenship is so close, she will definitely not
violate the 180day overstay while being married to a citizen.
In either case, once we have the marriage certificate in hand and she
comes to visit me again, it appears that she will not have to go back
again.
Please correct my understanding, if you find any flaws.
Thanks a lot
Manava
As for staying while here to wait out your naturalization, bear in mind that there is the issue at the present time of delayed timelines in swearing in ceremonies. People have been reporting on other newsgroups that they dates for the oath taking have been cancelled not once but twice in the last six months. So please do hold on to a particular timeline for your oath taking as it might not happen the way you think it should.
Rete
Jan 21st 2003, 2:10 am
#9
Guest
Posts: n/a
Re: marriage registration question in the context of N-400 and I-130
> The validity of your marriage is going to be questioned by INS at the
> time of your naturalization interview. Do you have proof of any sort
> that you are legally wed or does India not consider you married because
> you have not registered the wedding and that the reason you have not is
> because it made it easier for your wife to obtain a tourist visa from
> the US Consulate. Hopefully, she has answered that question correctly
> on the visa forms when applying.
She got her multiple entry visa from US consulate in India before she
got married. She visited this country for 3 months. After our
marriage, she visited only once. Both times, at the point of entry, no
questions asked about whether she is married to some one in US. She
just said she is visiting and they gave her the duration of stay for 6
months on both occasions.
I do not see any problems in her visiting again, because it has been
more than 6 months already that she has left. She might make a visit
in a few months. Only i am trying to time it so that, she will be here
on a valid visitor visa when my citizenship comes through. That way,
she can apply for the N-485 along with my I-130 for her.
Manava
> time of your naturalization interview. Do you have proof of any sort
> that you are legally wed or does India not consider you married because
> you have not registered the wedding and that the reason you have not is
> because it made it easier for your wife to obtain a tourist visa from
> the US Consulate. Hopefully, she has answered that question correctly
> on the visa forms when applying.
She got her multiple entry visa from US consulate in India before she
got married. She visited this country for 3 months. After our
marriage, she visited only once. Both times, at the point of entry, no
questions asked about whether she is married to some one in US. She
just said she is visiting and they gave her the duration of stay for 6
months on both occasions.
I do not see any problems in her visiting again, because it has been
more than 6 months already that she has left. She might make a visit
in a few months. Only i am trying to time it so that, she will be here
on a valid visitor visa when my citizenship comes through. That way,
she can apply for the N-485 along with my I-130 for her.
Manava
