Getting married before my interview

[Mommy Mel 0]

Hi guys. I'll have my interview on July 10,2019 for my IR-5  petition. But on June 29, 2019 i'm getting married. Should i disclose at my interview that i've gotten married? But the problem is i can't present my marriage certificate. It would take 3 weeks to a month to get if we expedite the certificate and 6 months if not. 

 

Please advice on what should i do. God bless you all. 

[milimelo 4,554]

Always tell the truth. You’ll probably get 221g until you can get them marriage certificate copy. 

[TBoneTX 46,117]

Thread is moved from Off Topic to the "Bringing Family Members of US Citizens" forum.

[SusieQQQ 11,587]

You will have filled in your DS260 as single, you must update the interviewing officer with the new information. What do you plan to do, sponsor your new spouse once you have a green card?

[Mommy Mel 0]

7 minutes ago, milimelo said:

Always tell the truth. You’ll probably get 221g until you can get them marriage certificate copy. 

But my medical will expire on August 20, 2019 if they'll give me 221g it'll take 60 days. I don't have that much time. If i don't leave before Aug 20 i'll repeat the medical again. 

[Mommy Mel 0]

1 minute ago, SusieQQQ said:

You will have filled in your DS260 as single, you must update the interviewing officer with the new information. What do you plan to do, sponsor your new spouse once you have a green card?

Eventually. Maybe after 2 years. He still doen't want to retire yet from his job. And I have to find a stable job first in order to petition him. 

[SusieQQQ 11,587]

4 minutes ago, Mommy Mel said:

But my medical will expire on August 20, 2019 if they'll give me 221g it'll take 60 days. I don't have that much time. If i don't leave before Aug 20 i'll repeat the medical again. 

And if you complete the interview as single but you are married, they can revoke your green card.  If you try to sponsor your new spouse they will certainly see the marriage certificate date and know you got married before. A new medical is a lot less hassle than a revoked green card. Moreover saying you are single when you are not may be considered material misrepresentation and you may get a ban.

Edited May 26, 2019 by SusieQQQ

[HRQX 4,145]

34 minutes ago, SusieQQQ said:

Moreover saying you are single when you are not may be considered material misrepresentation and you may get a ban.

Quote

For a person to be inadmissible, the officer must find all of the following elements:

• The person procured, or sought to procure, a benefit under U.S. immigration laws;
• The person made a false representation;
• The false representation was willfully made;
• The false representation was material; and
• The false representation was made to a U.S. government official, generally an immigration or consular officer.

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3#S-E

Quote

Definition of Materiality

A false representation only renders a person inadmissible if it is material. A “material” misrepresentation is a false representation concerning a fact that is relevant to the person’s eligibility for an immigration benefit.

Curious. How would it be material? OP is IR-5, Parent of a U.S. Citizen who is at least 21 years old.

[SusieQQQ 11,587]

46 minutes ago, HRQX said:

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3#S-E

Curious. How would it be material? OP is IR-5, Parent of a U.S. Citizen who is at least 21 years old.

Because the requirement of listing family members on the DS260 is to determine which existing relatives may be sponsored in future. Is it material enough to result in a ban? I don’t know (that’s why I said “may”), I wouldn’t want to be the one to test that. Is it enough to get a visa application refused or a green card revoked?  Yes, we’ve seen that happen in the past. Compared to the hassle of a new medical? If this was your case, what risk would you take?

[HRQX 4,145]

6 hours ago, SusieQQQ said:

Is it enough to get a visa application refused or a green card revoked?  Yes, we’ve seen that happen in the past.

Links to the GC being revoked cases would come in handy in order to determine if they are comparable to OP's case. IMO, the guidelines established after Kungys v. United States, 485 U.S. 759 (1988) are pretty clear: https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3#S-E

[SusieQQQ 11,587]

More time than my holiday weekend Sunday allows for. You want to go ahead and advise OP to lie under penalty of perjury in the interview that all facts presented are correct, I guess that’s your prerogative, not a risk I’d take, especially if the omission was the very spouse I presumably would be intending to sponsor.  I’m not going to continue to engage with someone who clearly advises doing the wrong thing.

Edited May 26, 2019 by SusieQQQ

[HRQX 4,145]

11 minutes ago, SusieQQQ said:

More time than my holiday weekend Sunday allows for. You want to go ahead and advise OP to lie under penalty if perjury in the interview that all facts presented are correct, I guess that’s your prerogative, not a risk I’d take, especially if the omission was the very spouse I presumably would be intending to sponsor. 

Not my intent. I was just curious.

"Effective questioning brings insight, which fuels curiosity, which cultivates wisdom." – Chip Bell

[SusieQQQ 11,587]

*OP has solved potential problems by the simple solution of rescheduling interview to before marriage