Can I get married while my IR5 immigration is pending ?

[Alcia 2]

My son filed a petition for me while I’m abroad. I was slapped with a misrepresentation case that of which I need to submit a waiver. The thing is my son is not classified as a qualified relative. My son father and I has been thinking about getting married after I came to America. In this case is it ok to marry while IR5 is pending at the embassy and while being married my husband can be the qualified relative. What are your thoughts ?

[Redro 4,611]

48 minutes ago, Alcia said:

My son filed a petition for me while I’m abroad. I was slapped with a misrepresentation case that of which I need to submit a waiver. The thing is my son is not classified as a qualified relative. My son father and I has been thinking about getting married after I came to America. In this case is it ok to marry while IR5 is pending at the embassy and while being married my husband can be the qualified relative. What are your thoughts ?

What was the misrep and what is your husband’s status in the US? 

[Timona 4,208]

Where are you right now? 

Where is your son's father right now? 

Why aren't you and your son's father married? 

 

[Family 4,065]

According to prev post, you just had interview in Jamaica. 
Yes, you can marry . …provided it’s for rekindled romance and he is either a USC or LPR. 
‘Does he have any medical issues ?

 

 

[SalishSea 17,980]

5 hours ago, Alcia said:

My son filed a petition for me while I’m abroad. I was slapped with a misrepresentation case that of which I need to submit a waiver. The thing is my son is not classified as a qualified relative. My son father and I has been thinking about getting married after I came to America. In this case is it ok to marry while IR5 is pending at the embassy and while being married my husband can be the qualified relative. What are your thoughts ?

This sounds like a marriage for the purpose of obtaining an immigration benefit, which is fraud.

 

If you do choose to go this route, expect scrutiny with that misrep history.

[Alcia 2]

@SalishSea the intention was to get married after. My son filed for me because it would have been faster. If my son’s father had filed for me it would have been longer considering he’s an LpR. 

[Redro 4,611]

2 minutes ago, Alcia said:

@SalishSea the intention was to get married after. My son filed for me because it would have been faster. If my son’s father had filed for me it would have been longer considering he’s an LpR. 

How did you son’s father become an LPR? 
Through your son? Through a marriage?

How did your son become a USC? 

[Alcia 2]

7 hours ago, Timona said:

Where are you right now? 

Where is your son's father right now? 

Why aren't you and your son's father married? 

 

@Redro I am in Jamaica my sons father is in America we were separated and now back together so the intention was to get married after. 

[Alcia 2]

6 hours ago, Family said:

According to prev post, you just had interview in Jamaica. 
Yes, you can marry . …provided it’s for rekindled romance and he is either a USC or LPR. 
‘Does he have any medical issues ?

 

 

No medical issues currently

 

[Family 4,065]

8 minutes ago, Alcia said:

No medical issues currently

 

Wishing your fellow good health…😂but that just means you need a good attorney that will cover all the details in hardship .

Was misrep related to previous travel to US? 

 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2023/SEP112023_01H5212.pdf

[Alcia 2]

21 minutes ago, Family said:

Wishing your fellow good health…😂but that just means you need a good attorney that will cover all the details in hardship .

Was misrep related to previous travel to US? 

 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2023/SEP112023_01H5212.pdf

Thank you for that message. It will be rough but I’ll seek a lawyer then after that I know what to do

[Family 4,065]

7 minutes ago, Alcia said:

Thank you for that message. It will be rough but I’ll seek a lawyer then after that I know what to do

Could you be so kind to state what misrep they found and how they found it and if they told you ( at interview what questions were asked). 
‘
Your input would help others that may face the same.

[appleblossom 2,816]

1 hour ago, Alcia said:

Thank you for that message. It will be rough but I’ll seek a lawyer then after that I know what to do

 

Info on the reason for the misrep would be very helpful so that people can advise you better, and also info on why your son isn't a qualifying relative? 

 

If you do decide to get re-married to your ex, then you may both need to be prepared for him to move to your home country instead if you can't get a waiver so do make sure he's ok with that. 

[Redro 4,611]

17 minutes ago, appleblossom said:

 

Info on the reason for the misrep would be very helpful so that people can advise you better, and also info on why your son isn't a qualifying relative? 

 

If you do decide to get re-married to your ex, then you may both need to be prepared for him to move to your home country instead if you can't get a waiver so do make sure he's ok with that. 

Generally only parents and spouses can be qualifying relatives IIRC. @Family do I get an A? 

[Alcia 2]

1 minute ago, Redro said:

Generally only parents and spouses can be qualifying relatives IIRC. @Family do I get an A? 

That’s correct for misrepresentation