marriage cert

[TBoneTX 45,288]

Why do people tend to have two threads going at the same time, on the same subject?

If you discover these, hit the "report" button from inside one thread. Say "duplicate of _____" (link to the duplicate thread). A Moderator will take care of it.

[Unchained 37]

Okay I didnt post in your other thread before it got locked. You have a lot of things going on- so,

#1- Preconceived Intent. "The issue that arises for non-immigrant visa holders who may want to apply for a Change of Status or Adjustment of Status is that in doing so, it brings into question whether or not the applicant had a preconceived intent at the time that they were granted their non-immigrant visa; this is the basis for the 30/60 day rule. According to the Department of States Foreign Affairs Manual (9 FAM 40.63, N 4.7), the 30/60-day rule is meant to be used for guidance only, since it is not governed by the statutes or regulations. Thus, it should not be used in a denial.

... If an alien files an immigration petition or applies for an adjustment of status within 30 days entry into the United States, the USCIS would likely find that the alien entered with fraudulent intent to remain in the U.S. and the non-immigrant visa would be classified as fraudulently obtained under the laws.

If the alien applies for a change of status or adjustment of status after 30 days but before 60 days after entry, the USCIS could view the change or adjustment with an assumption that he/she had a preconceived intent to enter as a non-immigrant. However, the assumption may be rebutted by the applicant with evidence showing a change of circumstances

.While it is not a guarantee, if the alien applies for the change of status or adjustment status after 60days of entry into the U.S., USCIS may not look upon the application negatively. "

So which category are you? Likely, could, or may not? This is the best answer you are going to get. No one knows. Clearly obtaining a marriage license beforehand falls into evidence to the contrary of no intent, so at the very least you can not use it to show there was no intent. Most people can show they got married on a whim by showing the license date. You can not use that. Will they look at it/into it on their own? Possibly. NO ONE can tell you that it is going to be researched or not. The best anyone can say is they have the right to research it. Period. Will they? Its unknown but they can.

#2 Child custody and Parental Consent. Here is a long and detailed webpage explaining it.

https://globaljusticeinitiative.files.wordpress.com/2010/06/alanen-parental-consent-for-child-visa-issuance.pdf

Please read it. It explains EVERYTHING. They are looking to ensure that you have the legal right to move your child. If you state you have sole custody- hey I believe you, but you need to demonstrate that to the US. Please refer to the paragraph in the above link where it talks about Mexican Family law. Patria Postesdad. Does Iceland have something like that? I dont know. Generally you need to demonstrate who the parents are and that you have the right to move them,. I would urge you to contact the Embassy in Iceland where if you did do a K visa you wouldve went through and ask them specifically what is needed in your situation of "sole custody". You can email them they have contact us info available online.

Sir/Madam, nice epistle but as it has been flogged a million times on this forum, i thought by now we all understand that "intent" alone cannot be the sole cause of a denial of adjustment of a USC spouse.

[ydaoc 0]

Okay I didnt post in your other thread before it got locked. You have a lot of things going on- so,

#1- Preconceived Intent. "The issue that arises for non-immigrant visa holders who may want to apply for a Change of Status or Adjustment of Status is that in doing so, it brings into question whether or not the applicant had a “preconceived intent” at the time that they were granted their non-immigrant visa; this is the basis for the 30/60 day rule. According to the Department of State’s Foreign Affairs Manual (9 FAM 40.63, N 4.7), the 30/60-day rule is meant to be used for guidance only, since it is not governed by the statutes or regulations. Thus, it should not be used in a denial.

... If an alien files an immigration petition or applies for an adjustment of status within 30 days’ entry into the United States, the USCIS would likely find that the alien entered with “fraudulent intent” to remain in the U.S. and the non-immigrant visa would be classified as fraudulently obtained under the laws.

If the alien applies for a change of status or adjustment of status after 30 days but before 60 days after entry, the USCIS could view the change or adjustment with an assumption that he/she had a “preconceived intent” to enter as a non-immigrant. However, the assumption may be rebutted by the applicant with evidence showing a change of circumstances

.While it is not a guarantee, if the alien applies for the change of status or adjustment status after 60days of entry into the U.S., USCIS may not look upon the application negatively. "

So which category are you? Likely, could, or may not? This is the best answer you are going to get. No one knows. Clearly obtaining a marriage license beforehand falls into evidence to the contrary of no intent, so at the very least you can not use it to show there was no intent. Most people can show they got married on a whim by showing the license date. You can not use that. Will they look at it/into it on their own? Possibly. NO ONE can tell you that it is going to be researched or not. The best anyone can say is they have the right to research it. Period. Will they? Its unknown but they can.

#2 Child custody and Parental Consent. Here is a long and detailed webpage explaining it.

https://globaljusticeinitiative.files.wordpress.com/2010/06/alanen-parental-consent-for-child-visa-issuance.pdf

Please read it. It explains EVERYTHING. They are looking to ensure that you have the legal right to move your child. If you state you have sole custody- hey I believe you, but you need to demonstrate that to the US. Please refer to the paragraph in the above link where it talks about Mexican Family law. Patria Postesdad. Does Iceland have something like that? I dont know. Generally you need to demonstrate who the parents are and that you have the right to move them,. I would urge you to contact the Embassy in Iceland where if you did do a K visa you wouldve went through and ask them specifically what is needed in your situation of "sole custody". You can email them they have contact us info available online.

Hi,

I am the 60 days after entry into the US. I am thinking of getting a draft from the law and getting it translated to the American government.

Sir/Madam, nice epistle but as it has been flogged a million times on this forum, i thought by now we all understand that "intent" alone cannot be the sole cause of a denial of adjustment of a USC spouse.

Does that mean we are likely to be approved?

[Amhara 460]

I am the 60 days after entry into the US. I am thinking of getting a draft from the law and getting it translated to the American government.

What does this mean?

[Unchained 37]

Does that mean we are likely to be approved?

I haven't said that either. I am just saying "intent" alone cannot be basis for a denial. If everything else checks out well with uscis and the only thing left is intent, i've been made to understand it wont be basis for a denial.

[Cheezees 1,514]

SEEK LEGAL COUNSEL!!! Seriously.

[Mrs.Hull210 24]

SEEK LEGAL COUNSEL!!! Seriously.

I couldn't agree more. What's done is done. You have already gotten the marriage license, already gotten married, so there is nothing that can be done about any of that. Nobody here knows for sure what the officer you get is going to look at, what that officer may think based on your paperwork, that is going to be completely up to that individual. You have been given lots of information, some good, some I'm sure scary, but when it all comes to it, none of us are in charge of your case. So in all honesty it doesn't matter what any of us think your intentions were, it doesn't matter what issues we have with your case or don't have with your case. If you feel that your case may be difficult, please seek legal advice. If you can not afford to, you have two options, take your chances and apply, or wait until you can afford to hire yourselves a lawyer.

[ydaoc 0]

What does this mean?

That we got married after 60 days that we got to USA.

[ydaoc 0]

I couldn't agree more. What's done is done. You have already gotten the marriage license, already gotten married, so there is nothing that can be done about any of that. Nobody here knows for sure what the officer you get is going to look at, what that officer may think based on your paperwork, that is going to be completely up to that individual. You have been given lots of information, some good, some I'm sure scary, but when it all comes to it, none of us are in charge of your case. So in all honesty it doesn't matter what any of us think your intentions were, it doesn't matter what issues we have with your case or don't have with your case. If you feel that your case may be difficult, please seek legal advice. If you can not afford to, you have two options, take your chances and apply, or wait until you can afford to hire yourselves a lawyer.

I have another question: do they look up old marriage licenses? Because we were first planning on marrying in another state way before, just hoping they wont dig that out? Can they? Its not the one we uses for our marriage.

[Amhara 460]

That we got married after 60 days that we got to USA.

I'm sorry, I meant what does, "I am thinking of getting a draft from the law and getting it translated to the American government" mean?

A draft of what? Do you mean Icelandic law about the custody of your children? Or do you mean the marriage certificate or something else?

Based on an immigration book I read, anything you get translated does need to be by a third party, preferably by someone not connected to the case. But the book did say that if you have someone such as a friend or relative translate it, they should mention their relationship to you and the official can decide whether to accept the translation or not. The book had a standard language the translator can use to support their translation work.

[Unchained 37]

OP Its like you are having fun starting multiple threads and discussing almost the same thing all over the forum. Why don't you tick to one thread and express all your worries and concerns so people can help out. The thread would still be read by the same people so why not jst stick to one?

[Shauneg 762]

I'm sorry, I meant what does, "I am thinking of getting a draft from the law and getting it translated to the American government" mean?

A draft of what? Do you mean Icelandic law about the custody of your children? Or do you mean the marriage certificate or something else?

Based on an immigration book I read, anything you get translated does need to be by a third party, preferably by someone not connected to the case. But the book did say that if you have someone such as a friend or relative translate it, they should mention their relationship to you and the official can decide whether to accept the translation or not. The book had a standard language the translator can use to support their translation work.

\Just needs to be translated by anyone who is fluent in both languages and must attach a letter saying they are fluent in both and that it's a direct translation. She can do it herself if she is confident in her English.

http://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

Before you ask op, no it doesn't have to be notarized.

I'm assuming OP meant the custody thing, which I still think is not a problem, Personal beliefs aside

[Amhara 460]

I have another question: do they look up old marriage licenses? Because we were first planning on marrying in another state way before, just hoping they wont dig that out? Can they? Its not the one we uses for our marriage.

Ydaoc, do you have two marriage certificates?

Were you planning on marrying in another state or did you actually marry in another state?

Next question, were you planning on marrying in another state or did you actually apply to marry in another state?

There is a system that I used when I would run a soft background check on people. This system can look up marriage licenses. I don't know if it covers all jurisdictions, which jurisdictions may not be covered, and/or if USCIS uses this system. What I can tell you is that, yes, this information is available and out there.

[ydaoc 0]

Ydaoc, do you have two marriage certificates?

Were you planning on marrying in another state or did you actually marry in another state?

Next question, were you planning on marrying in another state or did you actually apply to marry in another state?

There is a system that I used when I would run a soft background check on people. This system can look up marriage licenses. I don't know if it covers all jurisdictions, which jurisdictions may not be covered, and/or if USCIS uses this system. What I can tell you is that, yes, this information is available and out there.

We have two marriage licenses, we didnt get married twice. Would they really do a check up on possible previous marriage licenses?

Yes we had plans on marrying in another state but changed our mind as his old grandma wouldnt be able to attend as it would of been too far.

[ydaoc 0]

\Just needs to be translated by anyone who is fluent in both languages and must attach a letter saying they are fluent in both and that it's a direct translation. She can do it herself if she is confident in her English.

http://www.uscis.gov/forms/forms-and-fees/general-tips-assembling-applications-mailing

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________

Date Typed Name

Address

Before you ask op, no it doesn't have to be notarized.

I'm assuming OP meant the custody thing, which I still think is not a problem, Personal beliefs aside

Thank you much, probably saved us a lot of money!