i got married after interview and before green card was issued but i didnt inform uscis

[nii ayi 0]

I was unmarried son or daughter of a U.S. citizen and you get married prior to becoming a permanent resident, i didnt inform uscis of status change which was unitentional. now im in U.S and i filed for my spouse for over 5years now and still not approved. i went for citizenship interview and im waiting for a decision on my citizenship but at the interview i was not asked of any questions concerning my marriage. Pls i need advice and whats should i do? has anybody been through this before and what was the outcome

[JimVaPhuong 4,863]

I was unmarried son or daughter of a U.S. citizen and you get married prior to becoming a permanent resident, i didnt inform uscis of status change which was unitentional. now im in U.S and i filed for my spouse for over 5years now and still not approved. i went for citizenship interview and im waiting for a decision on my citizenship but at the interview i was not asked of any questions concerning my marriage. Pls i need advice and whats should i do? has anybody been through this before and what was the outcome

Let me make sure I've got this right. You immigrated to the US with an FB1 visa - the unmarried son or daughter of a US citizen, correct? You were actually married by the time you entered the US with that visa, correct?

If you were married when you went to the visa interview then you weren't eligible for that visa. Had Department of State known you had gotten married then your petition would have automatically converted to FB3, which would have added a few more years before a visa number would have been available for you. If you married between the time the visa was issued and the time you entered the US then your visa became invalid. In either case, your basis for eligibility to gain immigrant status was null and void.

If all of this comes out in the wash, and I suspect it will, then USCIS will not only deny your citizenship petition, but they will revoke your green card and place you in deportation for material misrepresentation.

If I've gotten any of these facts wrong then please clarify. Otherwise, lawyer up pronto.

[nii ayi 0]

Let me make sure I've got this right. You immigrated to the US with an FB1 visa - the unmarried son or daughter of a US citizen, correct? You were actually married by the time you entered the US with that visa, correct?

If you were married when you went to the visa interview then you weren't eligible for that visa. Had Department of State known you had gotten married then your petition would have automatically converted to FB3, which would have added a few more years before a visa number would have been available for you. If you married between the time the visa was issued and the time you entered the US then your visa became invalid. In either case, your basis for eligibility to gain immigrant status was null and void.

If all of this comes out in the wash, and I suspect it will, then USCIS will not only deny your citizenship petition, but they will revoke your green card and place you in deportation for material misrepresentation.

If I've gotten any of these facts wrong then please clarify. Otherwise, lawyer up pronto.

YOU ARE VERY RIGHT, BUT IN MY CASE AT THE TIME OF THE INTERVIEW I WAS NOT MARRIED BUT WHEN I FINISHED THE INTERVIEW AND THE DNA AND EVERYTHING AND IT HAS BECOME CERTAINED THAT I WOULD BE MIGRATING TO U.S. BEFORE I GOT MARRIED. I WAS NOT CALLED FOR INTERVIEW AGAIN UNTIL THEY ISSUE ME WITH THE VISA TO TRAVEL. I GOT MARRIED IN MAY AND I WAS ISSUED THE VISA IN OCTOBER, MY LAST DAY AT THE EMBASSY WAS IN APRIL. ALSO I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA WITHOUT ANY PROBLEM AT THE POINT OF ENTRY SO FAR.MY PARENTS ARE U.S CITIZEN NOW, WILL THAT HAVE ANY BEARING ON MY CASE? ALSO WHEN I WENT FOR THE CITIZENSHIP INTERVIEW THE ISSUE DIDNT CROP OUT AT ALL.DO THEY SOMETIMES WAIVES THIS PENALTY AND UNDER WHAT CIRCUMSTANCES

[Anh map 2,098]

YOU ARE VERY RIGHT, BUT IN MY CASE AT THE TIME OF THE INTERVIEW I WAS NOT MARRIED BUT WHEN I FINISHED THE INTERVIEW AND THE DNA AND EVERYTHING AND IT HAS BECOME CERTAINED THAT I WOULD BE MIGRATING TO U.S. BEFORE I GOT MARRIED. I WAS NOT CALLED FOR INTERVIEW AGAIN UNTIL THEY ISSUE ME WITH THE VISA TO TRAVEL. I GOT MARRIED IN MAY AND I WAS ISSUED THE VISA IN OCTOBER, MY LAST DAY AT THE EMBASSY WAS IN APRIL. ALSO I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA WITHOUT ANY PROBLEM AT THE POINT OF ENTRY SO FAR.MY PARENTS ARE U.S CITIZEN NOW, WILL THAT HAVE ANY BEARING ON MY CASE? ALSO WHEN I WENT FOR THE CITIZENSHIP INTERVIEW THE ISSUE DIDNT CROP OUT AT ALL.DO THEY SOMETIMES WAIVES THIS PENALTY AND UNDER WHAT CIRCUMSTANCES

You entered with a visa that you were not entitled to. You created that situation by marrying after the interview and before you entered the US.

This is a question that would need advice from an experienced immigration attorney. Guessing here on VJ will not help you. The potential risk to you is significant. Consult an attorney.

[aaron2020 11,651]

YOU ARE VERY RIGHT, BUT IN MY CASE AT THE TIME OF THE INTERVIEW I WAS NOT MARRIED BUT WHEN I FINISHED THE INTERVIEW AND THE DNA AND EVERYTHING AND IT HAS BECOME CERTAINED THAT I WOULD BE MIGRATING TO U.S. BEFORE I GOT MARRIED. I WAS NOT CALLED FOR INTERVIEW AGAIN UNTIL THEY ISSUE ME WITH THE VISA TO TRAVEL. I GOT MARRIED IN MAY AND I WAS ISSUED THE VISA IN OCTOBER, MY LAST DAY AT THE EMBASSY WAS IN APRIL. ALSO I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA WITHOUT ANY PROBLEM AT THE POINT OF ENTRY SO FAR.MY PARENTS ARE U.S CITIZEN NOW, WILL THAT HAVE ANY BEARING ON MY CASE? ALSO WHEN I WENT FOR THE CITIZENSHIP INTERVIEW THE ISSUE DIDNT CROP OUT AT ALL.DO THEY SOMETIMES WAIVES THIS PENALTY AND UNDER WHAT CIRCUMSTANCES

WHY ARE YOU SHOUTING????????

How would the US embassy know that you got married???? Did you or your government report it to the US Embassy?

It's your responsibility to know the rules. You are responsible for reporting changes that affects your eligibility for a visa. You failed to follow the rules. It doesn't matter that it was unintentional. You have created a situation for yourself that raises both a possible material misrepresentation and in admissibility.

You need a lawyer. You need to get professional legal advice.

[bunkbuster 0]

It's not a material misrepresentation since he didn't state that he's single while he's married. He may or may not have been ineligible to enter on the visa but that's not as bad as misrep.

[JimVaPhuong 4,863]

YOU ARE VERY RIGHT, BUT IN MY CASE AT THE TIME OF THE INTERVIEW I WAS NOT MARRIED BUT WHEN I FINISHED THE INTERVIEW AND THE DNA AND EVERYTHING AND IT HAS BECOME CERTAINED THAT I WOULD BE MIGRATING TO U.S. BEFORE I GOT MARRIED. I WAS NOT CALLED FOR INTERVIEW AGAIN UNTIL THEY ISSUE ME WITH THE VISA TO TRAVEL. I GOT MARRIED IN MAY AND I WAS ISSUED THE VISA IN OCTOBER, MY LAST DAY AT THE EMBASSY WAS IN APRIL. ALSO I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA WITHOUT ANY PROBLEM AT THE POINT OF ENTRY SO FAR.MY PARENTS ARE U.S CITIZEN NOW, WILL THAT HAVE ANY BEARING ON MY CASE? ALSO WHEN I WENT FOR THE CITIZENSHIP INTERVIEW THE ISSUE DIDNT CROP OUT AT ALL.DO THEY SOMETIMES WAIVES THIS PENALTY AND UNDER WHAT CIRCUMSTANCES

Let's get some technical stuff out of the way. A visa is permission to enter the US - nothing more. When you submitted the DS-230 you were asking for more than just a visa - you were also asking to be registered as a permanent resident. The DS-230 form is called "Applicant for Immigrant Visa and Alien Registration". Both of the things you were asking for were granted after you became ineligible for them.

Look, it's not difficult to find information about this with a simple google search. Here's someone who married but went ahead with an F2A visa application, and here's what the attorneys had to say about it:

http://www.avvo.com/legal-answers/1-130-approved-and-then-married-before-a-visa-was--428918.html

This comment was especially interesting:

This situation often becomes known when the illegitimate LPR applies for naturalization, or applies to sponsor family members for immigration benefits, or sometimes when seeking to reenter the US after travel abroad.

Here's an FAQ question on the website of the US Embassy in Nicaragua to the question:

What if I get married after I receive my immigrant visa but before I am admitted to the United States as a Legal Permanent Resident?

If you are issued an immigrant visa under a category that requires you to be unmarried, and you marry after receiving the visa but before being admitted to the United States, you will be subject to exclusion from the United States. If you have questions about your particular situation, please contact us.

Please read Form OF-237 (Statement of Marriageable Age Applicant).

http://nicaragua.usembassy.gov/frequently_asked_questions.html#15

The fact is that your visa category changed when you married. You were no longer eligible for a visa as an FB1, and there wasn't a visa number available for you yet as an FB3. You used a visa you weren't eligible for when you entered the US. Every immigration benefit you've received so far can be revoked because of this, and you could be deported. Get a good lawyer right away.

It's not a material misrepresentation since he didn't state that he's single while he's married. He may or may not have been ineligible to enter on the visa but that's not as bad as misrep.

Don't know. The question could have been asked at any time.

[nii ayi 0]

WILL THE STATUS OF MY PARENTS HAVE BEARING ON MY SITUATION. MY PARENTS ARE CITIZEN OF U.S. ALSO AFTER A MONTH OF RECIEVING MY GREEN CARD, I PETITIONED FOR MY SPOUSE WHICH IS A LITTLE OVER 5 YEARS AGO THEREFORE IF IT IS A MATERIAL MISREPRESENTATION WHY HAVE THEY NOT DENIED MY PETITION AND REVOKED MY GREEN CARD AS AT NOW? I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA WITH MY GREEN CARD. I TALK TO A LAWYER AND HE SAID WE SHOULD PLAY WAIT AND SEE TACTICS WITH THEM

[aaron2020 11,651]

WILL THE STATUS OF MY PARENTS HAVE BEARING ON MY SITUATION. MY PARENTS ARE CITIZEN OF U.S. ALSO AFTER A MONTH OF RECIEVING MY GREEN CARD, I PETITIONED FOR MY SPOUSE WHICH IS A LITTLE OVER 5 YEARS AGO THEREFORE IF IT IS A MATERIAL MISREPRESENTATION WHY HAVE THEY NOT DENIED MY PETITION AND REVOKED MY GREEN CARD AS AT NOW? I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA WITH MY GREEN CARD. I TALK TO A LAWYER AND HE SAID WE SHOULD PLAY WAIT AND SEE TACTICS WITH THEM

WHY ARE YOU STILL SHOUTING. STOP IT. Use lower case letters.

Just because you haven't been caught doesn't mean you will never be caught.

You are fine until DOH decide if it wants to make a federal case out of your situation.

Follow your lawyer's advice and stay under the radar. You have a valid green card for now. If at some point, someone in the government realizes that you were not eligible for your green card, then you would have some problems.

With over a 1,000,000 new immigrants to the US every year, some things are missed. Simple as that. Not every instance of ineligibility after the interview sill be discovered.

[JimVaPhuong 4,863]

WILL THE STATUS OF MY PARENTS HAVE BEARING ON MY SITUATION. MY PARENTS ARE CITIZEN OF U.S. ALSO AFTER A MONTH OF RECIEVING MY GREEN CARD, I PETITIONED FOR MY SPOUSE WHICH IS A LITTLE OVER 5 YEARS AGO THEREFORE IF IT IS A MATERIAL MISREPRESENTATION WHY HAVE THEY NOT DENIED MY PETITION AND REVOKED MY GREEN CARD AS AT NOW? I HAVE BEEN TRAVELLING EVERY YEAR TO AFRICA WITH MY GREEN CARD. I TALK TO A LAWYER AND HE SAID WE SHOULD PLAY WAIT AND SEE TACTICS WITH THEM

No. The status of your parents is irrelevant. You were an adult when you obtained the visa and entered the US, and you are solely responsible for the consequences. The fact that your parents are US citizens makes them eligible to petition for you, and makes you eligible to apply for an immigration benefit based on that petition. It doesn't give you a pass if you cheat.

As I pointed out, USCIS often doesn't discover these things until you apply for naturalization, or sometimes when you apply for admission to the US after a trip abroad. The fact that you were admitted to the US multiple times does not mean your indiscretion was forgiven. It simply means you haven't been caught yet.

Your opening post gives the impression that you're asking how you can now fix this problem. My opinion is that you can't. It's done and you can't undo it.

Your lawyer advised you to continue and just hope you don't get caught. If I were an attorney then I might give the same advice. However, you should be aware that this will always be hanging over your head. Whenever it's discovered then USCIS could revoke your citizenship and every immigration benefit you've ever received, and deport you. Since your husband would have obtained his immigration status through you then his green card would also be revoked.

[Harsh_77 718]

I would go with most of the advice.

First you should have been aware of the regulation and not got married during that narrow window after interview and before getting the GC.

Second you should have informed the USCIS about change in your status.

At this point as it is stated you are not caught, maybe the finer part might never get caught but that’s like a double edge sword if you are ever caught you can be put into deportation proceeding.

This is something which cannot be undone as Jim stated.