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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 06-24-2007, 12:01 PM
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Default background check - Please advice

Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.

We are yet to get married in India. We are planning to apply I-485 with martial ‘single’ independently because we can’t apply as married due to family reasons.

Will this cause any problem during background check?
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  #2 (permalink)  
Old 06-24-2007, 12:05 PM
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Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).

I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".

I know of people who have done this in the past and have got GCs.
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  #3 (permalink)  
Old 06-24-2007, 12:47 PM
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Default Thanks janilsal

Thanks janilsal.

We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.

Thank you!


Quote:
Originally Posted by janilsal
Think just getting marriage license is not sufficient. The license is a precursor to marriage (and as far as I know there is a particular time period after license to get married in a church, personal ceremony or court).

I do not feel that getting married in the US is a problem. You get the license and then you can get married at a court the next day. It is called a "Civil Marriage".

I know of people who have done this in the past and have got GCs.
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  #4 (permalink)  
Old 06-24-2007, 12:54 PM
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Quote:
Originally Posted by blogger
Thanks janilsal.

We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.

Thank you!
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
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  #5 (permalink)  
Old 06-24-2007, 12:58 PM
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Quote:
Originally Posted by blogger
Thanks janilsal.

We got married in a temple and returned the license to the County Clerk's office.
We can't mention martial status as married due to family reasons.
We are fine applying with martial status as single independently since both of our PD is current now.
Will they find this discrepancy martial status during background check? I'm unsure whether these will appear in the background check in the first place.
Please advice.

Thank you!
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

Thanks,
Jayant
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  #6 (permalink)  
Old 06-24-2007, 01:25 PM
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Default Thanks Ramba

I agree with you.

We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You’re Thoughts please?


Quote:
Originally Posted by Ramba
It is better to contact a attorney or other relavent family/marraiage law counsulars. It is very important. USCIS treats if vigorosly this issue, as marriage realted fraud is very high in immigration benefits, particularly in FB catagory.
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  #7 (permalink)  
Old 06-24-2007, 01:27 PM
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Default thanks Jayant

Can you share you're thoughts for my post?

Quote:
Originally Posted by PD_Dec2002
I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

Thanks,
Jayant
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  #8 (permalink)  
Old 06-24-2007, 02:28 PM
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Quote:
Originally Posted by blogger
I agree with you.

We are apply independently since both of us are in H1B status
I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
However; we are working out with our parents to get married and register in India, but unsure when this will happen.
You’re Thoughts please?
I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.

From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.

Good luck.

Thanks,
Jayant
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