already complicated situation I-94 to GC app

fsidd

Registered Users (C)
This portal has great depth of information however my case is a little advanced from the one’s I’ve reviewed on this message board.

Basically I am a USC and got married in international waters but decided to bring my wife along with me without going through the K1 or K3 process. She has arrived on a I-94 (British citizen) and we got our marriage license after two and a half month of her entry.

I took this route after discussing with two separate lawyers who had suggested this process would be fine. However, while preparing the change of status forms I started reviewing threads on this post and it seems I have landed in a complicated situation.

It seems the only option I have left now is to go through the process and not disclose her intent to enter the US. I don’t know what else can be done at this point. She still has a few days before her 90 days of stay are over but sending her back for a K3 also sounds very complicated.

I would consider hiring a lawyer for this. I would truly appreciate any feedback about how I should proceed.
 
This portal has great depth of information however my case is a little advanced from the one’s I’ve reviewed on this message board.

Basically I am a USC and got married in international waters but decided to bring my wife along with me without going through the K1 or K3 process. She has arrived on a I-94 (British citizen) and we got our marriage license after two and a half month of her entry.

I took this route after discussing with two separate lawyers who had suggested this process would be fine. However, while preparing the change of status forms I started reviewing threads on this post and it seems I have landed in a complicated situation.

It seems the only option I have left now is to go through the process and not disclose her intent to enter the US. I don’t know what else can be done at this point. She still has a few days before her 90 days of stay are over but sending her back for a K3 also sounds very complicated.

I would consider hiring a lawyer for this. I would truly appreciate any feedback about how I should proceed.

What kind of visa did she enter on?

What do you mean that you got your marriage license after she entered? Were you not already married when she entered or am I getting the timeline of events confused. "Basically I am a USC and got married in international waters but decided to bring my wife along with me" indicates to me that you got married first, then you brought her into the US and she got a I-94. And we really need to know what kind of visa she entered on.
 
What kind of visa did she enter on?

She entered on the standard visa waiver program as a tourist.

What do you mean that you got your marriage license after she entered? Were you not already married when she entered or am I getting the timeline of events confused.

We had the marriage ceremony internationally but decided to apply for a US marriage license once she had entered the US and not use the international marriage as the certified one for the GC application.

Hope that clears it up. Thanks.
 
What kind of visa did she enter on?
We had the marriage ceremony internationally but decided to apply for a US marriage license once she had entered the US and not use the international marriage as the certified one for the GC application.

Being married is like being pregnant - you either ARE or ARE NOT. Were you legally considered married after the first ceremony? I don't see how the US marriage license can be be valid if you are already married. You can have two or more ceremonies but you can only legally get married once. Also know that a marriage license is not what you need to submit to immigration - it's the certified copy of the marriage certificate which you get after you go through with the marriage and it has been registered by your county clerk where you got the license.

I don't know anything about the visa waiver program or it's requirements - is someone that is married to a USC eligible for the visa waiver program? At anytime was your spouse asked if she was married? There are a number of things that are forgiven when married to a USC like an overstay or unauthorized work but lying to immigration in order to obtain immigration benefits is not forgiven.

I don't really have any real advice other than to be careful about how you answer questions on the immigration forms. And Good Luck.
 
I don't know anything about the visa waiver program or it's requirements - is someone that is married to a USC eligible for the visa waiver program?

Being married to a US citizen does not make one ineligible for the VWP.

At anytime was your spouse asked if she was married? There are a number of things that are forgiven when married to a USC like an overstay or unauthorized work but lying to immigration in order to obtain immigration benefits is not forgiven.

That would be the only danger, as I see.
 
She wasn't asked if she was married to a USC at the border.

Great - I was just worried that you or her had actually lied about something to immigration. If you did, that is where you could run into problems.

Good Luck.

As for the marriage license - did you actually get married in the US or just file for the license? Remember when you file for the GC, you must send in a copy of the marriage certificate, not the license.
 
I actually got my marriage certificate from the US. Sorry I kept calling it a license.
 
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