Married vrs Unmarried Children of US citizens

[LIFE'SJOURNEY 970]

Facts; with a current population 500,000, there is probably a national marriage register. Therefore your sister could probaly get a letter stating that there is no record of her being registered as married. But BF, can kiss his current vistor visa and any other visa to the USA good bye.

I will state again, if by chance that child's Bc states that this couple register as husband and wife at the hospital/or Birth record registar at the time of birth of their child. Your sister will not be able to un-tangle this list of un-truth. She needs to tread carefully in her decisions going forward.

BTW, if your sister and BF has traveled to any other country together, this may also raise some concerns about the marriage.

[ProudAfrican 5]

This is pretty tough for your sister now. at some point people lied to cover themselves but it catches up later with them.i not perfect either .

I know some women who give birth out of wedlock tried to put on records they are in union with the baby s child and if she ever did or consent on any record she and her baby dad are married,then she got to just have to seek professional advices from an immigration attorney.

US foreign representative don't just believe in what applicants said...they are pretty sure of their stand and investigate every claims you make on the application forms.

I hope your sister get a fair chance on this journey.

[mtcmk1 37]

The consulate has her in a catch 22. It's almost impossible to prove someone was never married. The only way she could convince them she was never married is if her boyfriend confessed to his lie, which would mean the consulate would slap a P4C on his file. That would dramatically reduce the chances of him ever getting a visa to join his 'wife' and child in the US. If she got married now then that would serve as proof that he previously lied, he'd still get the P4C, and she'd get bumped back to the F3 category. If she greased the right palms and got a retroactive marriage certificate that predated her boyfriend's visa application then he'd be ok, but she'd get slapped with a P4C for lying on her first visa application.

Would her boyfriend be willing to sign a sworn statement admitting that he lied on his visa application, and that they are not and never have been married? Would she be willing to accept that she'll be moving to the US and her child's father might never be joining them here?

Another thing she can do is: get a certificate of no marriage records (CENOMAR in the Philippines) from her country. However, as stated above ^^, it can still be a hard process. Would your dad be able/willing to get a lawyer to sort this out?

[Cathi 5,784]

So who does the USCIS belive, at one point she did claim to be married. When she wanted the tourist visa she was married, today when she wants the family sponsor visa she is single. So how do you prove you are single, after claiming to be married.

No, her boyfriend filed for a visa and listed her as his wife. She never claimed anything, he did.

[LIFE'SJOURNEY 970]

No, her boyfriend filed for a visa and listed her as his wife. She never claimed anything, he did.

Does it matter who claim, the fact is a claim was made to the US governmment under oath.

[velrich 50]

Would it make a difference if he really meant common-law-marriage?

[JimVaPhuong 4,863]

Would it make a difference if he really meant common-law-marriage?

They are either married or they are not. By which route through the law the marriage becomes legally recognized isn't relevant. If they meet the requirements for a legally recognized common law marriage then he told the truth on his visa application, and she lied on hers. If the union doesn't meet the legal requirements for a common law marriage then he lied on his visa application, and she told the truth on hers. The consulate has drawn a line in the sand, and they've asked her to prove which side of the line she stands on. One one side he would be guilty of fraud. On the other side she would be guilty of fraud. Either lie would be sufficient to incur a material misrepresentation bar because the fact of whether or not they were married was relevant in considering both visa applications.

Now, I'm not certain the consulate is really looking to slap anyone with a P6C here, but if she insists she's not married and provides sufficient proof to back up that claim, then the consulate really doesn't have a choice with her boyfriend - he lied and they can't overlook that because they gave him a visa. On the other hand, if she marries him and submits a marriage certificate then they could bump her to the F3 category and overlook the lie on her original visa application as a simple misunderstanding. One of the key considerations in determining if a lie constitutes material misrepresentation is whether the truth could have changed the outcome. In this case, they suspect the claim that she's not married is untrue, and they denied the visa because of it. Had she claimed she was married, and presented a marriage certificate, then the outcome would have been the same - they would have still denied the visa because she wasn't eligible for an F1. In other words, the consulate's version of the "truth" would not have changed the outcome. They might actually be offering her a way out without anyone getting in trouble, but she would have to accept another 3 1/2 years being added to the time before her priority date becomes current. On the other hand, her 'husband' would be eligible for a derivative visa when her priority date becomes current.