Change of Status from B2 (California)

[JohnR! 5,495]

There is no such thing as "confidential by law." Please.

There is in California. here is the link: http://www.cdph.ca.gov/certlic/birthdeathmar/Pages/TypesofMarriageLicenses.aspx

[Harpa Timsah 13,258]

That means confidential to the general public. Not unmarried. Big difference.

[JohnR! 5,495]

That means confidential to the general public. Not unmarried. Big difference.

I know but if you never heard of it you might think that a confidential marriage enjoys the same secrecy as a confidential settlement in court...

[DandT14 272]

I do think it helps show that he wasn't trying to lie, he just made an honest mistake as to the correct answer. It sounds to me like he really didn't understand what it meant to have a confidential marriage license.

[Harpa Timsah 13,258]

I do think it helps show that he wasn't trying to lie, he just made an honest mistake as to the correct answer. It sounds to me like he really didn't understand what it meant to have a confidential marriage license.

Possibly, but I don't think that mitigates a clear charge of material misrepresentation. If the government asks you "are you married?" the answer in his case is YES.

Furthermore, the whole basis for his AOS application would be said "confidential" marriage license. He is married. Full stop.

OP : I would get a very good lawyer, and be very upfront about your lie at the border. This is beyond DIY.

Edited July 3, 2012 by Harpa Timsah

[Mishooo 0]

Some states issue confidential marriage licenses. I'm guessing that's what the OP means. But I'm pretty sure USCIS doesn't care if you have a public license or not.

But, maybe it gives you something to tell them if they ask why you didn't tell the agent you were married. You can say "I thought my confidential marriage license made it so I was supposed to say that." Maybe?

the issue is that i have a name Hit every time i touch the border...so I cant say anything other than what is in my passport or i might have more problems thats why i said iam single because they have a name like mine on a no fly list or something not for immigration proposes and i didnt know i'm going to stay until few days ago..so my situation is little bit complicated

[Mishooo 0]

the issue is that i have a name Hit every time i touch the border...so I cant say anything other than what is in my passport or i might have more problems thats why i said iam single because they have a name like mine on a no fly list or something not for immigration proposes and i didnt know i'm going to stay until few days ago..so my situation is little bit complicated

my passport says i'm single and the officer thinks iam a terrorist what could i say other than what is formaly written on my documents

[Tygrys 143]

my passport says i'm single and the officer thinks iam a terrorist what could i say other than what is formaly written on my documents

What about telling truth?

You definitely have a case of misinterpretation plus most likely you entered with intend to immigrate. It will be difficult to convince USCIS you didn't have immigration intent when you entered in June since you've been already married for 6 months. And it will show in documents because you need to include your marriage certificate, confidential or not.

IMO, you would be better off if you go CR-1 route instead of AOS. But if you decide to AOS in this situation, then hire very good immigration lawyer.

[Harpa Timsah 13,258]

my passport says i'm single and the officer thinks iam a terrorist what could i say other than what is formaly written on my documents

You should have told the truth, which is, "I am married, but I didn't update my passport yet."

[newlyweds2010 208]

You should have told the truth, which is, "I am married, but I didn't update my passport yet."

Or get a new passport that says "Married"?

[amykathleen2005 441]

the issue is that i have a name Hit every time i touch the border...so I cant say anything other than what is in my passport or i might have more problems thats why i said iam single because they have a name like mine on a no fly list or something not for immigration proposes and i didnt know i'm going to stay until few days ago..so my situation is little bit complicated

You don't just make up an answer because it is easy. You need to tell the truth!

[DandT14 272]

Ok, well there's no point in worrying about what you should have done. You have to deal with the situation as it is now.

You said you didn't have the plan to stay here until a few days ago - so something changed once you got here, correct? That's good. Can you prove that?

You thought you had to say "single" because that's what was on your passport. And at the time, you were only concerned with getting in the country, because you figured you'd be leaving again. I think only a good immigration attorney can tell you how much of a problem that's going to be.

[bigdog 376]

If USCIS figures out you lied you can and should be deported, you intentionally misrepresented the facts.

[grrrrreat 109]

I know but if you never heard of it you might think that a confidential marriage enjoys the same secrecy as a confidential settlement in court...

But you can't lie about whether the settlement exists just because it was deemed confidential. Confidential marriage is special to California, and it merely allows celebrities to get a license without having their personal details made public. It doesn't keep the fact that the marriage happened confidential.

[Cathi 5,783]

The fact of the matter is that you lied,you were not single when you entered this country. It's obvious you only wanted to get into the US, and you can't tell me you didn't intend to immigrate considering you were in fact married six months ago. Makes me so angry for those of us who are doing things the legal way