marriage cert

[ydaoc 0]

We applied for marriage cert previously because we thought we were going to do the K1 route later on but instead we stayed here in the US and will try AOS, will this cause problems for us? I have read intent alone isnt a reason for denial of AOS. Will they believe we filed this for doing the K1 later on? I mean for me it proves we didnt plan the AOS in the US as who is so stupid and does that. We simply just changed our route. Will the government believe us? That is the truth, and they say you're always supposed to say the truth.

[almost_umrican 53]

Dear ydaoc, your question is confusing. if i understood it right. there is no possible answer to ' if the government will believe you or not '. you guys need to have a marriage certificate anyways if you are adjusting your status or K1.i did mine while i was on B2. there is a provision for that. of course, every case varies. my point is , if i understood you right that you are trying to adjust your status while in US ? right ? if yes , i think you will be okay. again , do not look for answers you want to hear. talk to people who went through this. this is a excellent community to do so.

[TBoneTX 45,288]

OP, you have to take your chances or consult an attorney at some point. You're not going to get answers different from those that have been given already.

Edited September 28, 2015 by TBoneTX

[ydaoc 0]

Dear ydaoc, your question is confusing. if i understood it right. there is no possible answer to ' if the government will believe you or not '. you guys need to have a marriage certificate anyways if you are adjusting your status or K1.i did mine while i was on B2. there is a provision for that. of course, every case varies. my point is , if i understood you right that you are trying to adjust your status while in US ? right ? if yes , i think you will be okay. again , do not look for answers you want to hear. talk to people who went through this. this is a excellent community to do so.

Thank you. Problem is we applied for our marriage cert when we were there the last time and not this time so I am thinking what are the odds USCIS looks into when we filed for our marriage cert?

We have a very honest reason for this, we were first going to do the K1 route and wanted to use the marriage cert as evidence in our application but then we visited again.

OP, you have to take your chances or consult an attorney at some point. You're not going to get answers different from those that have been given already.

I was afraid to read more in that thread because I was being so bashed by people not understanding that the laws are different in Iceland and by Icelandic laws I am allowed to live whereever I want to as I have full custody.

OP, you have to take your chances or consult an attorney at some point. You're not going to get answers different from those that have been given already.

Also how do I know that a lawyer knows these things and just not saying whatever?

[almost_umrican 53]

Thank you. Problem is we applied for our marriage cert when we were there the last time and not this time so I am thinking what are the odds USCIS looks into when we filed for our marriage cert?

We have a very honest reason for this, we were first going to do the K1 route and wanted to use the marriage cert as evidence in our application but then we visited again.

I was afraid to read more in that thread because I was being so bashed by people not understanding that the laws are different in Iceland and by Icelandic laws I am allowed to live whereever I want to as I have full custody.

Also how do I know that a lawyer knows these things and just not saying whatever?

Your question is still not clear,

1) where did you apply for the marriage cert. ?

2) If you are married, you cant do K1 with the same partner.

3) Do not get boggled down if you are not aware of the law. we are all amateurs here and learned by each others experiences.

4) please post a clear concise question.

[ydaoc 0]

Your question is still not clear,

1) where did you apply for the marriage cert. ?

2) If you are married, you cant do K1 with the same partner.

3) Do not get boggled down if you are not aware of the law. we are all amateurs here and learned by each others experiences.

4) please post a clear concise question.

We applied for it here in Texas while we visited the last time.

We got married recently with the same marriage cert from previous visit

I am worried if USCIS check when the marriage cert was filed for and will think we had the intent to marry before we travelled to USA (which we did not), is there a possibility USCIS will check when we filed for the marriage cert?

We had absolutely no intention of getting married when we entered USA this time, we were going to go back and file for K1 but got spontaneous and got married. Now worried USCIS will use the filing date from a previous visit against us. But I also read intent alone is not a reason for denial of AOS from VWP.

[Cheezees 1,514]

OP, I think the same issue is coming up again where you do not want to hear/take the advice of others.

Would the immigration officer assigned to your case think having a marriage certificate that is 1 year old look like you were trying to circumvent immigration laws by using your VWP to overstay? Who knows for sure? But it is very likely.

Would the lawyer you get for your case know the law? Who knows for you? But it is very likely.

So, given your circumstances, please take the suggestion of contacting a lawyer and sorting things out. It may not be intentional but when you throw out every suggestion that others are giving you it reads as a slap in the face of those who are trying to help. (Also, asking if immigration will be able to tell that you applied for the marriage certificate a year ago reads as trying to hide that fact, which no one on this site would tolerate even if your situation is not a scam).

[Cheezees 1,514]

I am worried if USCIS check when the marriage cert was filed for and will think we had the intent to marry before we travelled to USA (which we did not), is there a possibility USCIS will check when we filed for the marriage cert?

We had absolutely no intention of getting married when we entered USA this time, we were going to go back and file for K1 but got spontaneous and got married. Now worried USCIS will use the filing date from a previous visit against us. But I also read intent alone is not a reason for denial of AOS from VWP.

This question has been asked and answered several times. What answer are you looking for exactly? (I think it is quite dangerous for anyone to suggest that the answer is "NO").

[ydaoc 0]

This question has been asked and answered several times. What answer are you looking for exactly? (I think it is quite dangerous for anyone to suggest that the answer is "NO").

So that means that USCIS does look for when the marriage certificate was applied for?

So that means that USCIS does look for when the marriage certificate was applied for?

I thought they only cared about when the marriage took place?

So that means that USCIS does look for when the marriage certificate was applied for?

I thought they only cared about when the marriage took place?

And yes I dont want them to find out, because we are afraid that they would not believe our explanation. The truth is one thing but whether or not people believes you is another

OP, I think the same issue is coming up again where you do not want to hear/take the advice of others.

Would the immigration officer assigned to your case think having a marriage certificate that is 1 year old look like you were trying to circumvent immigration laws by using your VWP to overstay? Who knows for sure? But it is very likely.

Would the lawyer you get for your case know the law? Who knows for you? But it is very likely.

So, given your circumstances, please take the suggestion of contacting a lawyer and sorting things out. It may not be intentional but when you throw out every suggestion that others are giving you it reads as a slap in the face of those who are trying to help. (Also, asking if immigration will be able to tell that you applied for the marriage certificate a year ago reads as trying to hide that fact, which no one on this site would tolerate even if your situation is not a scam).

But do they look at marriage certs? Isnt it the wedding date and when you got married that they look for? And if we would of wanted to commit visa fraud we would of been smarter and never applied for the marriage cert right? I think this alone proves we did not plan this. I am just terrified it will be used against us. And i want peoples input here about this.

Can I call USCIS and ask them myself? Or would that be stupid?

[Cheezees 1,514]

In my opinion, a prudent IO (immigration officer) would look into it, or at least ask you about it. If you did not use the VWP to avoid the K1 process, then it should not matter if they look into it or not. But they may, so move forward as though it is a possibility as others have suggested. No one can answer these questions specifically. No one can guarantee you a competent lawyer. No one can guarantee you a trouble-free process. But everyone here is familiar with foreign laws and how they can/cannot be properly interpreted in the US. If you are so unsure, seek legal counsel to clear this up.

[ydaoc 0]

In my opinion, a prudent IO (immigration officer) would look into it, or at least ask you about it. If you did not use the VWP to avoid the K1 process, then it should not matter if they look into it or not. But they may, so move forward as though it is a possibility as others have suggested. No one can answer these questions specifically. No one can guarantee you a competent lawyer. No one can guarantee you a trouble-free process. But everyone here is familiar with foreign laws and how they can/cannot be properly interpreted in the US. If you are so unsure, seek legal counsel to clear this up.

Thank you again for your reply.

May I ask what exactly you mean by this "If you did not use the VWP to avoid the K1 process, then it should not matter if they look into it or not."?

We did not use VWP to avoid the K1 process, we had the utmost intention to do the K1 but we got spontaneous and got married on this visit and decided to try to AOS from VWP. How would we be able to prove we did not avoid the K1 with VWP? Please evolve your answer and sorry my english sometimes is bad and thanks for your patience.

[almost_umrican 53]

We applied for it here in Texas while we visited the last time.

We got married recently with the same marriage cert from previous visit

I am worried if USCIS check when the marriage cert was filed for and will think we had the intent to marry before we travelled to USA (which we did not), is there a possibility USCIS will check when we filed for the marriage cert?

We had absolutely no intention of getting married when we entered USA this time, we were going to go back and file for K1 but got spontaneous and got married. Now worried USCIS will use the filing date from a previous visit against us. But I also read intent alone is not a reason for denial of AOS from VWP.

I think you are confusing marriage license with a marriage certificate. license is something you get prior to getting married and certificate is what you get once you are married.if i got your query right, you mean you had applied for a marriage license while visiting US and got married in the US on a different visit or may be the same visit. i would suggest you to relax. this is very minor and as you just change your personal marriage plans.you should not be worried.you are just taking advantage of this loop hole by not going through longer K1 process but by adjusting status while in US. this is legal.

Edited September 28, 2015 by almost_umrican

[Cheezees 1,514]

And if we would of wanted to commit visa fraud we would of been smarter and never applied for the marriage cert right? I think this alone proves we did not plan this. I am just terrified it will be used against us. And i want peoples input here about this.

Visa fraud (smartly or stupidly done) is committed every day. You would not believe the mistakes people make when trying to do so. You are not he first person, dishonest or honest, to apply for AOS from a VWP. To wishfully think that USCIS will not carefully look through your case is just that, wishful thinking. If you are terrified, seek legal counsel.

[ydaoc 0]

Thank you again for your reply.

May I ask what exactly you mean by this "If you did not use the VWP to avoid the K1 process, then it should not matter if they look into it or not."?

We did not use VWP to avoid the K1 process, we had the utmost intention to do the K1 but we got spontaneous and got married on this visit and decided to try to AOS from VWP. How would we be able to prove we did not avoid the K1 with VWP? Please evolve your answer and sorry my english sometimes is bad and thanks for your patience.

I mean we went back to Iceland from the visit when we got the marriage cert, and we did not file for K1. Is that what you meant? We never filed any other visa than now AOS from VWP.

[ydaoc 0]

Visa fraud (smartly or stupidly done) is committed every day. You would not believe the mistakes people make when trying to do so. You are not he first person, dishonest or honest, to apply for AOS from a VWP. To wishfully think that USCIS will not carefully look through your case is just that, wishful thinking. If you are terrified, seek legal counsel.

Yes I am terrified because children are involved too. Will having filed the marriage cert before stand for a big risk of getting denied?

What other risks are there? Is there a list or something? Because I want to try to eliminate that our AOS gets denied.

I have never committed any crimes or so.

Visa fraud (smartly or stupidly done) is committed every day. You would not believe the mistakes people make when trying to do so. You are not he first person, dishonest or honest, to apply for AOS from a VWP. To wishfully think that USCIS will not carefully look through your case is just that, wishful thinking. If you are terrified, seek legal counsel.

Do you know some of the mistakes? Maybe we can eliminate some along the way.