A BIG CONFUSION

[Jojo92122 1,924]

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?

Presumably the child's claim to US citizenship is invalid or voidable since he made a material misrepresentation by entering the US on an IR-2 visa. Married children do not qualify for IR-2 visas.

[Jojo92122 1,924]

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?

Did he sign the DS-230, Immigration Visa Application, indicating that he was single??? How does one unintentionally hid one's own marital status when the DS-230 specifically ask if the applicant is single or marry??? Someone had to make a mark for single or married. Someone had to sign the DS-230.

[Deputy Purple 1,294]

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.

Since you can't get married in the Philippines until you are 18 (even with parental consent) I read the situation as the only document that said he was single after he was in fact married is the citizenship application.

Did he sign the DS-230, Immigration Visa Application, indicating that he was single??? How does one unintentionally hid one's own marital status when the DS-230 specifically ask if the applicant is single or marry??? Someone had to make a mark for single or married. Someone had to sign the DS-230.

Again, he was a minor at the time of the Visa application. This means 2 things:

1) He couldn't get married in the Philippines.

2) He couldn't sign legal documents for US Immigration.

[Jojo92122 1,924]

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?

Damn it. I need to learn how to read.

March, 2008: 17 years old child of US citizen entered on IR-2 visa (presumably). Child would automatically receive US citizenship under the Child Citizenship Act. Nothing has to be file for the child to gain citizenship as it is automatic.

2009: Child (now at least 18 years old) returned to the Philippines to marry his GF.

2010: Child filed for proof of US citizenship listing him as single. Presumably Form N-600 was filed. Listing the child as married on the N-600 is not a material misrepresentation because it does not affect his claim to US citizenship. He was already a US citizen.

----------------

A consultation with an immigration lawyer may be useful, but not necessary. There should not be any problems with him petitioning for his spouse and child. The wife will need an I-130. The child will also need an I-130 since dad has not met the 5 years residency requirement to pass US citizenship to his child at birth.

Good luck. Sorry for all the bad posts.

Edited August 4, 2011 by Jojo92122

[Jojo92122 1,924]

Since you can't get married in the Philippines until you are 18 (even with parental consent) I read the situation as the only document that said he was single after he was in fact married is the citizenship application.

Again, he was a minor at the time of the Visa application. This means 2 things:

1) He couldn't get married in the Philippines.

2) He couldn't sign legal documents for US Immigration.

Yeah. I read the OP's post incorrectly. There is no problem with the entry into the US on the IR-2. Minor problem with the N-600 which is not a material misrepresentation.

P.S. Do not get remarry. There is no need.

[pushbrk 12,882]

Yeah. I read the OP's post incorrectly. There is no problem with the entry into the US on the IR-2. Minor problem with the N-600 which is not a material misrepresentation.

P.S. Do not get remarry. There is no need.

My reread agrees with you. Marital status was not material to the US Citizenship certificate application and he WAS single when he obtained the IR2 visa at age 17. Married is married. No need to marry again. You can have all the unofficial ceremonies you want.

[smirky 0]

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.

technically, he was single when he entered to the US but got married when he turned 18 where his citizenship was not obtained by his father as his derivative.

[smirky 0]

My reread agrees with you. Marital status was not material to the US Citizenship certificate application and he WAS single when he obtained the IR2 visa at age 17. Married is married. No need to marry again. You can have all the unofficial ceremonies you want.

maybe he thought he would get deny if he would declare that he is married. now, they are facing the consequences of concealing something. you think if he file his petition for his family, his wife and son would get their visa as IR?

[smirky 0]

Damn it. I need to learn how to read.

March, 2008: 17 years old child of US citizen entered on IR-2 visa (presumably). Child would automatically receive US citizenship under the Child Citizenship Act. Nothing has to be file for the child to gain citizenship as it is automatic.

2009: Child (now at least 18 years old) returned to the Philippines to marry his GF.

2010: Child filed for proof of US citizenship listing him as single. Presumably Form N-600 was filed. Listing the child as married on the N-600 is not a material misrepresentation because it does not affect his claim to US citizenship. He was already a US citizen.

----------------

A consultation with an immigration lawyer may be useful, but not necessary. There should not be any problems with him petitioning for his spouse and child. The wife will need an I-130. The child will also need an I-130 since dad has not met the 5 years residency requirement to pass US citizenship to his child at birth.

Good luck. Sorry for all the bad posts.

thank you so much. so we better drop the idea of remarrying his wife. but confused on how they will explain the date of their marriage and the formality of his citizenship where he put that he is single.

[JohnandWendyB 21]

I was just going to say I have been obsessively researching various immigration topics to pass the time while waiting for ours to go through plus it comes in handy in my line of work. I just read something that makes me think what Jojo says is correct. You definitely need an attorney because one wrong move that appears to be fraud can permanently bar someone from the US (which would need a lawyer to overcome anyway if it was even possible). Remember in immigration courts you are guilty until proven innocent.

[smirky 0]

I was just going to say I have been obsessively researching various immigration topics to pass the time while waiting for ours to go through plus it comes in handy in my line of work. I just read something that makes me think what Jojo says is correct. You definitely need an attorney because one wrong move that appears to be fraud can permanently bar someone from the US (which would need a lawyer to overcome anyway if it was even possible). Remember in immigration courts you are guilty until proven innocent.

okay, we will try to consider that option but for now i am trying to gather all the possible options i can get in here.

[JimVaPhuong 4,863]

In order to derive citizenship under section 320 of the INA:

1. At least one parent must be a US citizen.

2. The child must be under 18 years old.

3. The child must be residing in the US in the custody of the US citizen parent.

4. The child must have been admitted for permanent residence.

In order to qualify as a "child", they must be unmarried.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD

The misrepresentation was about a material fact. Time to lawyer up.

[pushbrk 12,882]

In order to derive citizenship under section 320 of the INA:

1. At least one parent must be a US citizen.

2. The child must be under 18 years old.

3. The child must be residing in the US in the custody of the US citizen parent.

4. The child must have been admitted for permanent residence.

In order to qualify as a "child", they must be unmarried.

http://www.uscis.gov...000b92ca60aRCRD

The misrepresentation was about a material fact. Time to lawyer up.

You're misreading the facts and dates, Jim, just as Lolo and I did. The admission to the US and activation of citizenship was at age 18 when the subject was single. All that happened after that was an application for a certificate, not an application for admission to the USA. The child was already a legitimate citizen when the error in marital status was on a form submitted, again, for a certificate, not actual citizenship. Obtaining a certificate is optional. A passport is adequate evidence of US Citizenship. The misrepresentation was NOT material to the granting of citizenship.

[Jojo92122 1,924]

In order to derive citizenship under section 320 of the INA:

1. At least one parent must be a US citizen.

2. The child must be under 18 years old.

3. The child must be residing in the US in the custody of the US citizen parent.

4. The child must have been admitted for permanent residence.

In order to qualify as a "child", they must be unmarried.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD&vgnextchannel=d4c3a3ac86aa3210VgnVCM100000b92ca60aRCRD

The misrepresentation was about a material fact. Time to lawyer up.

Okay. Time to clear this up.

What was the marital status of the 17 years old child when he entered the US on the immigration visa?

If he was single, then he is a US citizen because he meets the requirements of the Child Citizenship Act. Listing him as single on the N-600 would not be a material misrepresentation. He is good to go on petitioning his wife and child.

If he was married, then this would be a material misrepresentation affecting the validity of the IR-2 visa. Since he was married, then the claim to derivative US citizenship under the CCA would be invalid. This would indeed be the time to lawyer up.

[pushbrk 12,882]

Okay. Time to clear this up.

What was the marital status of the 17 years old child when he entered the US on the immigration visa?

If he was single, then he is a US citizen because he meets the requirements of the Child Citizenship Act. Listing him as single on the N-600 would not be a material misrepresentation. He is good to go on petitioning his wife and child.

If he was married, then this would be a material misrepresentation affecting the validity of the IR-2 visa. Since he was married, then the claim to derivative US citizenship under the CCA would be invalid. This would indeed be the time to lawyer up.

The facts established are that the child was 17 and single when admitted on the IR2 visa and later, at age 18, returned to the Philippines and married.