AOS based on legally invalid marriage to same person

[NikLR 13,227]

Fraud was committed to obtain immigration benefits.  It's possible to lose citizenship over this.  Chance of it happening is slim, but it's there. 

[geowrian 22,337]

In practical terms, I cannot imagine USCIS going to the courts to denaturalize based on having used the "wrong" marriage. Yes it's wrong, and if they caught it sooner where the burden is on them as an applicant, I could see consequences. But to do so now in this case? I just can't see it happening.

Now if the marriage was to somebody else, then I could see it going very differently.

Only other issue would be if they made any other misrepresentations to immigration officials between the first marriage and the US-based marriage (like claiming to still be single on a visa application).

[Letspaintcookies 2,310]

13 hours ago, Trackstar23 said:

So if you just completely avoid any mention of what was considered a legal marriage abroad on any petition, do a wedding in the United States 3 months later and hide the marriage abroad so you can complete an adjustment of status in the United States without having to leave the country, then you are fine right?

 

Seems like a pretty big loophole to me, especially considering they were on an F1 Visa. I am just trying to get clarity. Not worried about tif they can or will be denaturalized.

It doesn't matter where you get married to do AOS except if you have a K1 visa. Then you have to get married in the US. We've seen a couple of married couples that have abandoned their consular processing because of Covid-19. Some of them might have planned to do so and the foreign partner came to stay ( fraud ) others decided spontaneously while the foreign partner was already here on vacation ( totally fine ).

[dwheels76 5,468]

On 9/7/2020 at 10:59 PM, Trackstar23 said:

intentionally did not register the marriage with Indian Government.

Just curious why was this a big secret? Seems something more you are hiding. I mean why go all the way back to India to keep a secret then come here and marry again. I'm confused. Help me understand this.

[Trackstar23 0]

17 minutes ago, dwheels76 said:

Just curious why was this a big secret? Seems something more you are hiding. I mean why go all the way back to India to keep a secret then come here and marry again. I'm confused. Help me understand this.

TBH I don't know why, which is why I came here. It makes no sense to me. I did learn that there is more to it; the family's worked together and filled out petitions on behalf of the wife (was an arranged marriage). So yeah, this is going to get interesting lol.

 

It might be just because he was on a F1 Visa and wanted his family to be at the wedding (they live in India), but did not want to lose his status...? Just taking a guess. We submit a FOIA request, but looks like that data won't be here until November.