REAL problem - NO idea what to do now....

[venusfire503 54]

We have a real problem, despite all of our precautions. We went through the whole process - got the K1 visa, got married, filed and received the 'green card'. We were so excited - no more immigration for almost 2 years!

Then I was reading the newspaper. According to the article, marriages performed by certain types of 'ministers' are not valid in my state. Unfortunately, we believe we had that type of 'minister', which makes it sound like maybe we aren't actually married! We're too afraid to check with anyone about it, but can't imagine waiting and wondering to find out if anyone picks up on it. I already had one sleepless night over this (just read about it last night). In a regular, non-K1 situation, we would just quietly get remarried and not worry about it. As all of you know, though, in this case, it's much more complicated than that. So far, it seems nobody has noticed - we were able to file with the courthouse, get copies of our marriage license and everything. It mentioned in the article that in one county, a marriage was invalidated (after many months) because of the type of minister.

So now, if someone in immigration picks up on it (say, when we're filing to remove the conditions), what will happen? Even if we remarry now, I don't know if that will solve the problem since he already got his green card. Of course, if we don't remarry, we have other problems too. If something happened to one of us - especially me - he could be deported, there would be all kinds of problems with legal matters (Wills, life insurance, jointly held property, etc), and probably other issues too.

Has anyone encountered (or even just heard about) a situation like this before?

I'm really worried..........

[Lucas 0]

Regardless of what is said here, I think you need to get the solid advice of an attorney in your state. It's probably an hour or two of work, so it shouldn't cost you a fortune. Best of luck.

[Rings 10]

Honestly, I wouldn't worry too much about it simply because if your marriage was invalid, I am sure that the USCIS would have picked up on that before issuing a greencard on a K1 visa... nevertheless, even if it was something that happened, the quick fix would be to reinstate your vows in your state at the courthouse. I seriously don't think you have a lot to worry about, but if it settles your fears, then you should go for it.

[~Nini~ 2]

So far, it seems nobody has noticed - we were able to file with the courthouse, get copies of our marriage license and everything. It mentioned in the article that in one county, a marriage was invalidated (after many months) because of the type of minister.

If certain types of ministers aren't valid in your state, wouldn't the state not be able to issue copies of your marriage license under the grounds that you didn't have a valid marriage? Usually after the marriage, it has to be registered at the county clerk's office with the officiant and his title... I'd be surprised if they didn't pick up on that before the fact.

[reeses16 8]

I haven't experienced anything like this. My recommendation would be get married again, at the courthouse by a judge. Get certified copies the same day if possible. I'm not sure how things would play out with immigration. But this will protect you both in terms of wills, life insurance, etc. Also this should protect your husband from deportation. As a K-1, you have to marry within 90 days, there is no deadline to file AOS, although its encouraged to be filed for ASAP. Your original marriage was in good faith. Keep copies of the story with the date, where you first learned that your marriage may not be valid. You . Keeping dated copies of the stories, newspaper clippings and new marriage certificate can help you if a problem arise in the future over this.

As far as immigration goes, I'm not sure what to say. First thing to do might be to check and see if your marriage is recognized or not. Then proceed from there.

Also, a marriage certificate is not required to remove conditions. http://www.visajourney.com/forums/index.ph...p;page=751guide

Double check in case I missed it.

[zqt3344 21]

We have a real problem, despite all of our precautions. We went through the whole process - got the K1 visa, got married, filed and received the 'green card'. We were so excited - no more immigration for almost 2 years!

Then I was reading the newspaper. According to the article, marriages performed by certain types of 'ministers' are not valid in my state. Unfortunately, we believe we had that type of 'minister', which makes it sound like maybe we aren't actually married! We're too afraid to check with anyone about it, but can't imagine waiting and wondering to find out if anyone picks up on it. I already had one sleepless night over this (just read about it last night). In a regular, non-K1 situation, we would just quietly get remarried and not worry about it. As all of you know, though, in this case, it's much more complicated than that. So far, it seems nobody has noticed - we were able to file with the courthouse, get copies of our marriage license and everything. It mentioned in the article that in one county, a marriage was invalidated (after many months) because of the type of minister.

So now, if someone in immigration picks up on it (say, when we're filing to remove the conditions), what will happen? Even if we remarry now, I don't know if that will solve the problem since he already got his green card. Of course, if we don't remarry, we have other problems too. If something happened to one of us - especially me - he could be deported, there would be all kinds of problems with legal matters (Wills, life insurance, jointly held property, etc), and probably other issues too.

Has anyone encountered (or even just heard about) a situation like this before?

I'm really worried..........

In USCIS eyes you are married and now have a Greencard, they verify and check that marriage certificate that you submitted already, I would not worry about it.

[ELW 5]

I agree with zqt3344, it is the duty of the government to check thoroughly the particulars of a marriage. Since they granted you a green card, you are legally married.

If I was in your situation and still had doubts however, I would do as reeses16 suggested, and get married in a courthouse by a judge (or at your local county clerk's office, that's what we did!). If you want, contact an immigration lawyer to talk about it, but please don't lose sleep over it!

[raymaga 25]

I would doubt very much that you would have been able to obtain a marriage certificate (needed for the AOS process) if the marriage had not been valid.

[venusfire503 54]

We're in Pennsylvania. http://www.philly.com/philly/news/local/11181097.html is the link for the story. In it, you'll read how the system is really messed up right now. Here's the part that concerns me: "In a York County case, a Common Pleas Court judge invalidated a 10-month marriage, finding that a friend of the bride's who officiated at the wedding didn't have the power to do so under Pennsylvania law even though he had been ordained online by the Universal Life Church. The judge ruled the friend didn't qualify as a minister under state law because he had no regular congregation or place of worship." The really ironic part is that it's possible in PA for people to "self-unite" - basically, marry themselves. We didn't want to do that because we didn't want there to be any questions raised, since it's not the norm everywhere, as far as I know.

Sigh.

Oh, the other thing I was wondering (if I get an answer, I'll post it) is if there's any way a green card can be revoked - such as in a case like this - and/or the petition to have conditions removed can be denied because of something like this.

Edited November 13, 2007 by venusfire503

[Lakawanna Blues 1]

We're in Pennsylvania. http://www.philly.com/philly/news/local/11181097.html is the link for the story. In it, you'll read how the system is really messed up right now. Here's the part that concerns me: "In a York County case, a Common Pleas Court judge invalidated a 10-month marriage, finding that a friend of the bride's who officiated at the wedding didn't have the power to do so under Pennsylvania law even though he had been ordained online by the Universal Life Church. The judge ruled the friend didn't qualify as a minister under state law because he had no regular congregation or place of worship." The really ironic part is that it's possible in PA for people to "self-unite" - basically, marry themselves. We didn't want to do that because we didn't want there to be any questions raised, since it's not the norm everywhere, as far as I know.

Sigh.

Oh, the other thing I was wondering (if I get an answer, I'll post it) is if there's any way a green card can be revoked - such as in a case like this - and/or the petition to have conditions removed can be denied because of something like this.

I seriously doubt that you have anything to worry about. In order to be issued with a greencard through a spouse that is a USC, you must prove that the marriage is a genuine love marriage. You and your spouse married for love and followed the procedures set out in your state in order to legitimize that union and so you did not in any way attempt to deceive the USCIS officials and marry under false pretenses. You are a victim and immigration will surely see that if your case reviewed. Given that the state is at fault then you would be able to approach your local congress person and ask them to intervene on your behalf. Trust me, that will get immigration of your back in a milli-second. My advice to you would be to consult a lawyer. Don't bury your head in the sand because if for some reason this all comes to light then it will look like you were trying to cover something up. Honesty (especially with immgration issues) is the best policy. If you are upfront about all of this then you will have nothing to worry about and things will be resolved quickly. CALL a lawyer and most definitely call your congress person, governor or local representative. Don't keep quiet about it because it will be to your detriment.

[JVKn'CVO 11]

Hi venusfire503,

Did you obtain a regular marriage license or a "self uniting" license? the article states

"A state lawmaker is sponsoring an amendment that would prevent those who have received quickie ordinations from performing marriages in the future."

(which makes sense because a change like this would be difficult if made retroactive). It also lists little of the particulars of the one marriage that was invalidated. Sounds to me that if you got a regular marriage license, were able to register your marriage with your county clerk's office and obtain a marriage certificate, you should be fine. For your peace of mind, (and what I would do if I were in your situation) is contact your county clerk office first, and present this doubt. They should be able to ease your worries or, worse comes to worst, instruct you on how to mend the situation.

If indeed there is a problem, keep all your papers, as long as everything was in good faith, USCIS will work with you

Saludos,

Caro

Edited November 13, 2007 by JVKn'CVO

[Reba 2]

... Unfortunately, we believe we had that type of 'minister', which makes it sound like maybe we aren't actually married!

why don't you check with the minister to find out if they are in fact "that type of minister"?

[ELW 5]

... Unfortunately, we believe we had that type of 'minister', which makes it sound like maybe we aren't actually married!

why don't you check with the minister to find out if they are in fact "that type of minister"?

Me thinks, best suggestion so far!

[venusfire503 54]

... Unfortunately, we believe we had that type of 'minister', which makes it sound like maybe we aren't actually married!

why don't you check with the minister to find out if they are in fact "that type of minister"?

Me thinks, best suggestion so far!

I'm 99.9% sure of it, and he's friends with my ex. I don't want to tip the ex off to any way to possibly make my life miserable. Not that I really need to explain that, but he told me once that "it's immoral to meet someone on the internet and bring him here to marry him". (He'd be really popular here, huh?)

My lawyer is looking into it for now. I'm just worried that my choices are either stir up a big expense mess that will take forever to resolve (one that might never be a problem if left alone), or worry forever about it.

Fun fun.

[venusfire503 54]

Quick update for anyone who is interested, or in the same situation.

I called the reporter who wrote the article. He said what happened in that one case is that the woman decided she didn't want to be married anymore, and didn't want to go through a divorce. She got it taken to court and the marriage invalidated. In order words, she used a problem in the system to her advantage. I don't know any more about, and am not judging her.

I called my lawyer, and he doesn't know (yet) what to do. Seems this issue is a big tangled web right now, and legislation is pending to do something about it.

We even drove to the courthouse to talk with people there, including their solicitor. (Not sure exactly what that means, but she seemed to be the right person, and that's what my lawyer recommended) Check this out - Pennsylvania does not allow people who are licensed over the internet (without a regular congregation or place of worship) to legally perform marriages, YET they also do not require the counties to check to verify the legitimacy of the person who performs the ceremonies. The solicitor at Delaware County Courthouse told us that this affects thousands of couples, many of them unaware of the problem. I asked her if we could get 're-married'. Here's the really incredible part. She said they cannot issue us a marriage license since we are on record there as already being married. But she also said our marriage might not be valid. She said the only way to issue us a new marriage license is if we get divorced first! She recommended I call our state representative.

I called the state representative from the car. The lady there said to send email, but it sounds like there's not a whole lot they can do right now. She recommended that I contact a different state representative. So I'll have to do that too.

In the meantime, we are in the process of buying a house, and don't know how this will affect that either............

tearing my hair out.....