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2016 AOS

M

Miracle15

New Member
Dear Mom, I am new to this forum and I appreciate all your advise in this forum. I read about a guy that did Proxy marriage without certificate. My case is also related to the guy case. I am F-1 visa and my husband is doing his opt. we met here in US on August 25th 2014 and we had proxy wedding on 12th October 2014 in my husband country because proxy marriage is valid in their country.I divorce my previous marriage on July 2014, and I had 3 kids for my ex-husband in my home country and before our marriage terminated, i have already come to this country with my kids on B1/B2 Visa. On the 14th of October 2014, two days after our proxy marriage, we enter for eDV . My husband did everything but he did not include my children on the form because their photo passport is not available. I was selected with number 2016EU00013XXX. Now we want to file for AOS. Are you think we are not going to have problem for not include my children in the processing? because their name are listed in my divorce certificate. Secondly, are they going to accept our Proxy marriage certificate because the marriage was conducted 2 months after we met though we have valid certificate and pictures of how everything went .
 
Unfortunately, not having your children on the entry form is clear grounds for disqualification - you won't even get as far as worrying about the marriage certificate. See below, it says the same thing in the instructions on the entry form.
Sorry.

http://travel.state.gov/content/vis...ed/submit-your-ds-260-online-application.html
"Important note: If you had a spouse or children prior to submitting your original entry, but you did not include them on your original entry form, then your case will be disqualified at the time of your visa interview. Neither you nor any of your family members will receive visas."
 
Miracle15 said:
Dear Mom, I am new to this forum and I appreciate all your advise in this forum. I read about a guy that did Proxy marriage without certificate. My case is also related to the guy case. I am F-1 visa and my husband is doing his opt. we met here in US on August 25th 2014 and we had proxy wedding on 12th October 2014 in my husband country because proxy marriage is valid in their country.I divorce my previous marriage on July 2014, and I had 3 kids for my ex-husband in my home country and before our marriage terminated, i have already come to this country with my kids on B1/B2 Visa. On the 14th of October 2014, two days after our proxy marriage, we enter for eDV . My husband did everything but he did not include my children on the form because their photo passport is not available. I was selected with number 2016EU00013XXX. Now we want to file for AOS. Are you think we are not going to have problem for not include my children in the processing? because their name are listed in my divorce certificate. Secondly, are they going to accept our Proxy marriage certificate because the marriage was conducted 2 months after we met though we have valid certificate and pictures of how everything went .
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You have a much more bigger problem on your hands than that of a proxy marriage. The marriage on its own, proxy or not (especially considering the fact that you got married before your eDV registration) is not an issue. Like I responded to the other person, the US immigration laws recognize proxy marriages.

Your major problem is that of not including your children on your eDV registration to start with. That omission is a guaranteed disqualifying factor if you were processing CP. With AOS, you have a 50/50 chance, so if you're ready to gamble with $1070 x 5 (AOS processing fees) + $300 x 5 (DV administrative fee), then you can proceed. Most of the IOs that adjudicate DV based AOS petitions are not too familiar with the DV rules, so there's a slight chance of your getting approved especially if you by-pass the DS-260 form submission. Bear in mind I haven't said this is guaranteed, it's merely a possibility.

You should forget about the option of not listing the kids on your DS-260 or I-485 forms. In order to do that, you will be claiming you have no kids, which is an outright lie that can end up costing you your current stay in the US. You're already listed in the system as having 3 kids.
 
Miracle15 said:
Thanks. But what of if we did not list them on our ds-260 and I-485
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Then you'd be accused of attempted immigration fraud and refused and worst case deported for this with a possible permanent ban on re-entry. You said the kids came with you on visitor visas before - they will look up your past visa applications and see you have children. Even if for some reason they don't (highly, highly unlikely from my own experience with how they cross reference on visa applications) and give you a green card, you can never apply for your children to join you and if you do your green card would he revoked as being granted under false information. Do you even realize that attempting to do this means you are deliberately attempting to make the children illegal in the US? You will unfortunately need to accept that you need to abandon this application.
 
Thanks for your advise. Can we enter for another eDV in future? are we not going to penalize if let say one of us is selected again in the future. Thanks
 
Miracle15 said:
Thanks for your advise. Can we enter for another eDV in future? are we not going to penalize if let say one of us is selected again in the future. Thanks
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Yes, you can. Be sure to read and follow the instructions properly the next time. Good luck!
 
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