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Posted

I believe wife would have needed to be named on original petition. The wife would need to have her own petition done.

Jan 25, 2014: I-129F Sent

Feb 13, 2014: NOA1

Apr 15,2014: NOA2 Notice Via USCIS Web Site

Apr 22, 2014: NOA2 Received In Postal Mail

Apr 28: 2014: NVC Received

Apr 30: 2014: NVC Left

May 09, 2014: Embassy Received

Jul 08, 2014: Interview - Approved - CEAC Status Ready

Jul 14 2014: CEAC updated but still READY Status

Jul 16 2014: CEAC Status changed to Administrative Processing

Jul 22 2014: CEAC Status changed to Issued

Jul 28 2014: VISA received

Aug 06 2014: U.S. Arrival (Ft. Lauderdale POE)

Children (3 kids)

Apr 28 2015: Filed I130 petition for each child

Aug 21 2015: Notice from USCIS that all 3 petitions transferred to California Service Center

Sep 17 2015: Approval for all 3 petitions

Nov 12 2015: Paid one AOS fee for all 3 children

Nov 13 2015: Paid separate IV fees for all 3 children

Dec 04 2015: Filed Affidavit of Support (I864) for each child

Jan 12 2016: Received RFE for missing birth certificate from one of the kids packet

Jan 13 2016: Sent in RFE evidence ( birth certificate copy .... again O_o )

Jan 19 2016: Received notice that they received the RFE evidence

Feb 22 2016: Called and found out another RFE was being sent out about birth certificate

Feb 24 2016: Sent in (inextensa versions, not de acta versions) of birth certificates for all children

Mar 02 2016: Received notice that they received the RFE evidence

Mar 11 2016: NVC Process finished, now awaiting interview time slot to be scheduled

Mar 29 2016: Called NVC and found out today they scheduled interview

Apr 01 2016: Received Packet 4 notice via e-mail with interview date

Apr 25 2016: Children received P4 letters in the mail

May 19 2016: Interview

Jun 03 2016: Received Visas

Jul 06 2016: Travel to US

Posted

Hi,

If someone gets married after receiving his second letter, can he take his wife to interview? if yes, what is the procedure to follow? Kindly waiting for the necessary information..

I believe wife would have needed to be named on original petition. The wife would need to have her own petition done.

The wife only needs to be named on the original entry if they were married at that time. If they are married at any time before the interview she can get a visa as a derivative.

OP, it may be tricky with such short timing. Inform KCC but they will probably tell you they can't do anything anyway as the file will have been sent to the embassy if your interview has already been scheduled. Take your marriage certificate and updated DS230 for yourself and your wife to the interview. Your wife may have to wait outside at first as many embassies/consulates will not allow inside anyone who is not named on the interview letter.

Now...I am not trying to imply you are doing anything wrong but note: You will come under VERY heavy scrutiny on suspicion this is a green card marriage given the timing of the marriage. You will have to show proof that this is a bona fide relationship. If they determine that this is not a real marriage it will be classed as immigration fraud and both you and your wife could face a lifetime ban to the US. If you are married now bear in mind you also will have to be truthful so you cannot leave your wife off either- as that would also be classed as immigration fraud. Leaving her off and then trying to petition later would most likely have your green card revoked once USCIS look at the dates of interview vs marriage date, so don't try that as an option.

To sum up: take all documentation proving the marriage and relationship is bona fide and expect lots of questions.

Filed: Timeline
Posted

Thank you SusieQQQ,

No, they were not married when the original entry was made...And the marriage is 100% genuine.. So they can provide all the supporting documents like marriage certificate and photos from marriage. ya, as you said, there can be suspicion on marriage given the timing of marriage but this was all due to limited time because the girl was studying in another country, she could not come back in time to get marrried.

Since this is genuine, and they can explain all these to counselor by providing other document like police report from country where girl was studying, so let's hope embassy will not over scrutiny and they will get over it easily..




The wife only needs to be named on the original entry if they were married at that time. If they are married at any time before the interview she can get a visa as a derivative.

OP, it may be tricky with such short timing. Inform KCC but they will probably tell you they can't do anything anyway as the file will have been sent to the embassy if your interview has already been scheduled. Take your marriage certificate and updated DS230 for yourself and your wife to the interview. Your wife may have to wait outside at first as many embassies/consulates will not allow inside anyone who is not named on the interview letter.

Now...I am not trying to imply you are doing anything wrong but note: You will come under VERY heavy scrutiny on suspicion this is a green card marriage given the timing of the marriage. You will have to show proof that this is a bona fide relationship. If they determine that this is not a real marriage it will be classed as immigration fraud and both you and your wife could face a lifetime ban to the US. If you are married now bear in mind you also will have to be truthful so you cannot leave your wife off either- as that would also be classed as immigration fraud. Leaving her off and then trying to petition later would most likely have your green card revoked once USCIS look at the dates of interview vs marriage date, so don't try that as an option.

To sum up: take all documentation proving the marriage and relationship is bona fide and expect lots of questions.

Posted

Thank you SusieQQQ,

No, they were not married when the original entry was made...And the marriage is 100% genuine.. So they can provide all the supporting documents like marriage certificate and photos from marriage. ya, as you said, there can be suspicion on marriage given the timing of marriage but this was all due to limited time because the girl was studying in another country, she could not come back in time to get marrried.

Since this is genuine, and they can explain all these to counselor by providing other document like police report from country where girl was studying, so let's hope embassy will not over scrutiny and they will get over it easily..

If that's the case, you should be fine. Remember not just photos from the marriage, you will need evidence of the relationship before that - things like letters, emails, Skype log, photos of you together in the past and so on.

It may be worth calling the embassy just to ask if there is anything particular else you need to do, maybe to find out if your wife will be allowed to come in with you at first, etc.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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