F1 re-marryingH1B just after re-entry

G

greencard1

New Member
Hi Folks,

I have few questions about legal issues related to our situation.
- I am currently on H1B and recently got married back home. My spouse is on F1 visa.
- At port of entry she was asked whether "she is married" and she replied "Yes".
- We are planning to get married again here and show Marriage certificate from here as proof of our marriage.

My questions are:
- Is this legally valid? Are there any legal issues I should be aware of?
- We tried to get marriage certificate from India but it's virtually impossible without going back again and getting the certificate.
- I don't know if it helps but she suggests that officer did not made a note that she was married or not in the system.

Please advice.
 
If you are already married, why the second marriage???

greencard1 said:
- At port of entry she was asked whether "she is married" and she replied "Yes".
- We are planning to get married again here and show Marriage certificate from here as proof of our marriage.
Click to expand...

She got in. Is she planning to file for COS from F-1 to H-4?

greencard1 said:
- Is this legally valid? Are there any legal issues I should be aware of?
- We tried to get marriage certificate from India but it's virtually impossible without going back again and getting the certificate.
- I don't know if it helps but she suggests that officer did not made a note that she was married or not in the system.
Click to expand...
 
If she is going to leave the US again before getting a green card, she should switch to H4. She can study with the H4, and having the H4 would avoid potential problems with immigrant intent the next time she travels. In addition, some universities will allow H4 holders to pay the in-state tuition rate (although they may require one year of H status to qualify). Also, with H4 status she can skip a semester or switch to part-time school without losing her status.
- Is this legally valid?
Click to expand...
If the marriage in India was legally valid in India, and both you and her meet the conditions that would make it valid in the US (you're both old enough, not brother/sister etc.) another one in the US probably won't be legally valid unless you annul the first marriage. Contact your local jurisdiction about it ... maybe they would be willing to legalize one in the US while making a note about the original one in India, if you tell them the complete story.

What stopped you from getting the marriage certificate in India itself? Is it impossible for a relative to get the certificate for you, if you send a notarized letter (maybe even with an original ID) asking for it?
 
Thanks Jackolantern for the reply. Problem in getting certificate from India is that we will have to go back and physically present and sign some paperwork before they are even willing to issue the certificate....we tried multiple options of sending relatives and also tries to send a notarized letter but nothing helps....We will be changing her status from F1 to H4 before applying for I485.

Also you mentioned that as we are married already back home, new marriage here in US may not be legalized....however, we have not registered our marriage back home and in a way doing the marriage here only in US.....my one concern is that Officer asked her at Port of Entry that whether she is married and she stated "yes"...I am not sure if that statement made at Port of entry is noted and could potentially cause any issue.

Please suggest.
 
So you are saying the marriage is not legally registered in India? You only did a marriage ceremony without the legal paperwork? If that is the case, I don't believe the US would legally recognize your marriage, in which case you could get legally married in the US. If in a future interview they bring up her saying "yes" at the port of entry, she can explain that she only had a religious/cultural ceremony, but the marriage wasn't legally official yet so it was made legal in the US.
 
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