Dear Atty. Gurfinkel:
I was petitioned by my parent as “single.” I already passed my interview at the Embassy, and my immigrant visa has been delivered to me.
I will be leaving for the States in about two weeks. However, my girlfriend is feeling insecure, thinking that once I leave for America, I will forget about her. So, she wants us to have a “secret” marriage before I leave for the US, in order to prove my love and devotion to her. I am being told that no one would ever find out about the marriage, and the marriage contract would not be recorded.
Since I already passed the interview, and I already have my visa in hand, would it be OK for me to marry my girlfriend before I leave for the US?
Very truly yours,
R.J.V.
Dear R.J.V.:
Certain petitions require the beneficiary to remain single up until the time they actually enter the US (or touch US soil). Those petitions include:
1. Minor (under 21 years of age) child of US citizen (immediate relative)
2. Single adult (over 21 years of age) child of US citizen (category F-1).
3. Single child of greencard holder (category F-2A or F-2B)
4. Minor (under 21 years of age) child who is a “derivative” beneficiary under their parent’s family or employment-based petition.
If any of these beneficiaries marry before entering the US (or adjusting status), they lose eligibility for that visa, and would not be able to legally immigrate to the US based on that visa classification.
Even if you already have your immigrant visa in hand, you must still enter America as “single.” In fact, when a person is immigrating as “single,” they are specifically advised, and are required to sign a document, that they are aware that they would lose their eligibility to immigrate to the US if they marry before entering the US
Many people are under the misconception that once their visa is issued, they could then marry before leaving for America. This is not the case.
Any marriage, secret or otherwise, has a way of coming back to haunt a “single” immigrant. If the Embassy or USCIS should discover the marriage contract, then the person could face a possible lifetime ban from ever entering the US because of fraud. If he was somehow able to enter the US, he could later be removed (deported). Moreover, he would be unable to bring his spouse or children to the US legally. This is because if a person entered the US through fraud (by misrepresenting his marital status), he is not legally entitled to his own status, and so cannot petition any family members, based on his illegally-obtained status.
Some married/singles think that if they are able to conceal their fraud and obtain US citizenship, then they should have no problem being able to petition and bring their family to America. After all, they are already US citizens. That is not the case. Since their original status was obtained “illegally,” the Embassy will refuse to issue the visa, whether the petitioner is still a green card holder or even a US citizen. While there are “waivers” available for “married/singles,” some waivers require that you be in removal proceedings, and seek the waiver before an immigration judge. If you’re successful, great! But if not, you could lose your green card, and face removal.
The bottom line is that if you were petitioned in a category requiring that you be single, then you must remain single up until the time you step on American soil (or, if you are in the US, until your adjustment of status is approved). Secret marriages, which people entered into as an expression of eternal devotion, could actually result in a lifetime of separation, since you would not be able to petition and/or bring your spouse to America.
* * *
Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein (including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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