A BIG CONFUSION

[smirky 0]

I just want to share the story of my friend here and hopefully some could give us better advice on what to do. Father A was a US citizen when his 17 year old son entered into the US last March, 2008. Unfortunately, they were not able to apply his citizenship right away due to financial problem that time only just last July 2010. The problem is Father A didn't know that his son married his gf (who was then pregnant) when he came home last 2009 in the Philippines. So what happened when he filed for his son's US citizenship, he declared him as single. Later he knew that his son is already married. His son turned 21 already this July and he plans to bring his family in the US but the problem is how can he able to do that if he was declared single when he is not truly not. What's the best option to do?

[Harpa Timsah 13,258]

In 2008, did the son enter on a Greencard? If so, then he is already a citizen and would have to petition his wife on his own. If not, then we need more information. Regarding the single v. married, that obviously has to be corrected. Did the son's application go through?

Edited August 4, 2011 by Harpa Timsah

[smirky 0]

In 2008, did the son enter on a Greencard? If so, then he is already a citizen and would have to petition his wife on his own. If not, then we need more information. Regarding the single v. married, that obviously has to be corrected. Did the son's application go through?

yeah he was. but the problem now is how can he gets his family back here? will he be allowed to file a IR visa because he and his wife were married for more than two years now but what about the declaration of being single last 2010, is not that an issue to the USCIS?

[smirky 0]

they are both confused on what to do now. he even plan to remarry his wife now but for sure the immigration will find out his first marriage for sure. what shall they suppose to do? please help...

[pushbrk 12,882]

I just want to share the story of my friend here and hopefully some could give us better advice on what to do. Father A was a US citizen when his 17 year old son entered into the US last March, 2008. Unfortunately, they were not able to apply his citizenship right away due to financial problem that time only just last July 2010. The problem is Father A didn't know that his son married his gf (who was then pregnant) when he came home last 2009 in the Philippines. So what happened when he filed for his son's US citizenship, he declared him as single. Later he knew that his son is already married. His son turned 21 already this July and he plans to bring his family in the US but the problem is how can he able to do that if he was declared single when he is not truly not. What's the best option to do?

It's possible a material misrepresentation has been made. See a qualified immigration attorney to sort out this matter.

[smirky 0]

It's possible a material misrepresentation has been made. See a qualified immigration attorney to sort out this matter.

thanks. i will tell them that.

[Deputy Purple 1,294]

It's possible a material misrepresentation has been made. See a qualified immigration attorney to sort out this matter.

Misrepresentation, possibly but how would it be "Material"? While it mean's the application contained inaccurate information I don't remember seeing where the marital status would affect the approval of Citizenship in this situation.

[smirky 0]

Misrepresentation, possibly but how would it be "Material"? While it mean's the application contained inaccurate information I don't remember seeing where the marital status would affect the approval of Citizenship in this situation.

so you mean it won't affect the petition even if he is married now? can the USCIS can considered it a fraud by hiding his marital status unintentionally?

[Deputy Purple 1,294]

so you mean it won't affect the petition even if he is married now? can the USCIS can considered it a fraud by hiding his marital status unintentionally?

No, what I mean is that for his US Citizenship marital status wouldn't affect the decision. For the Misrepresentation to be "Material" it would have to be a fact that could have caused the decision to sway from approved to denied.

I would certainly expect there to be questions raised by the date of marriage but in all honesty I think they should just be ready to explain that he had not disclosed the marriage to his father at the time the documents were filled-out.

[smirky 0]

No, what I mean is that for his US Citizenship marital status wouldn't affect the decision. For the Misrepresentation to be "Material" it would have to be a fact that could have caused the decision to sway from approved to denied.

I would certainly expect there to be questions raised by the date of marriage but in all honesty I think they should just be ready to explain that he had not disclosed the marriage to his father at the time the documents were filled-out.

okay, thanks. so marrying again his wife to have a new record is a "NO NO" move?

[Harpa Timsah 13,258]

okay, thanks. so marrying again his wife to have a new record is a "NO NO" move?

That is ALWAYS a no-no move. To cover up a lie with another lie... sheesh... I agree with Bob, that it might not be material, but I agree with push that a lawyer is required. This is potentially much more complicated for a "Do -it-yourself" website.

[smirky 0]

That is ALWAYS a no-no move. To cover up a lie with another lie... sheesh... I agree with Bob, that it might not be material, but I agree with push that a lawyer is required. This is potentially much more complicated for a "Do -it-yourself" website.

okay, thanks for the great info. we almost be doing the wrong move. thanks again..

[Deputy Purple 1,294]

okay, thanks for the great info. we almost be doing the wrong move. thanks again..

Yep, doing anything to try to cover-up the previous mistake makes the mistake look intentional.

You will need to face the issue head-on and be prepared to explain why you hid the marriage from your father. Technically if your father filled-out the forms to the best of his knowledge then his answer was inaccurate not a misrepresentation.

My wife and I are in a similar situation where on her and our {her} sons documents 2 years ago she stated he was her only child as she believed her first pregnancy ended in a still birth. Earlier this year we learned that the child was concealed from her and we are now working to bring him here. We are worried that at the USEM they will question the inaccuracy in her & Gabby's documents.

[pushbrk 12,882]

No, what I mean is that for his US Citizenship marital status wouldn't affect the decision. For the Misrepresentation to be "Material" it would have to be a fact that could have caused the decision to sway from approved to denied.

I would certainly expect there to be questions raised by the date of marriage but in all honesty I think they should just be ready to explain that he had not disclosed the marriage to his father at the time the documents were filled-out.

You "don't see how" and I'm not sure. However, the muddy water is in whether the correct visa was obtained. Marital status impacts eligibility for a visa. A consultation with a qualified family immigration attorney is critical here. If the child obtained a visa they weren't qualified for, their citizenship can be voided. It's not an error. It's a misrepresentation. Who signed the DS230 saying the applicant was single? Depending on age, it's the applicant. If old enough to be married in the PI, the visa applicant signed their own DS230.

[Jojo92122 1,924]

It was a material misrepresentation when he entered the US. Presumably, the 17 years son of a US citizen entered as an Immediate Relative. Married children cannot be Immediate Relative of a US citizen parent. A case of a US citizen petitioning for a married child would be an F3 family preference case.

In addition, a married child cannot derive US citizenship from a parent unless the child gained US citizenship prior to the child's marriage.

Essentially, this case is FUBAR. There is a material misrepresentation for entering on a IR-2 visa when the beneficiary was married. There was also misrepresentation in obtaining proof of US citizenship.

GO GET A VERY GOOD IMMIGRATION LAWYER.