Hello All,

Please read my situation below and any advice is greatly appreciated:

I am currently in my 2nd Year of the H-1 B visa and my employer has agreed to sponsor my Green Card. Yes, thats the good part. The tricky part comes next...

About 2 years ago, I got married in India - only a ceremony - but I did not sign any marriage certificate at the time. Also, neither did my "wife", nor did she apply for a change of name on her passport and further we did not register the marriage in the US after we came back. Subsequently, we have separated and lead separate lives.

Now, my question is...is that marriage ceremony regarded as a valid marriage here in the US? The reason I ask, is that on my green card application...can I apply as a "Single" person? We have not done anything to register or annull the marriage here, as in my mind there was no marriage in this country in the first place.

I am not sure how to proceed with the application. Does the INS check into all these things? I don't want to make a mistake in my application. Is this a valid marriage in this country? If so, how do I handle my green card application?

PLEASE HELP! THANK YOU!

-Need_help

Hi Need Help ...

Marriage with ceremony but not marriage certificate is valid everywhere... change of name is not mandatory requirement ... if your wife wish to keep her own name she can do it... I m surprised how could she come to USA with you as a dependent of H1B without marriage certificate ? didn't you submit photocopy of your marriage certificate in US Consulate when you applied for her in India ? that's a requirement when you do petition ??? if she came as a dependent then its in the record... and if you are not divorced your marital status will still be considered as married.... But I am surprised that u didn't have to show any marriage certificate to US Consulate when your wife got the visa as H1B dependent ? Usually its not possible...

Pasha,

Thanks for your reply. To answer your question, we were both on F-1 at the time, so she did not come back as my dependent at all. Came back on her own F-1 visa and so we did not have to show any certificate at all. That should answer your question.

But coming back to my situation, now that she did not come back as my dependent, how should I proceed. Any thoughts on that? Do I have to annull my marriage before I apply for my green card? OR can I go ahead and apply for myself without bringing my marriage in the picture?

Thanks for your help. Any other people with suggestions please feel free to reply as well.

Hi Need Help ,

Thanks for clarification ... I got confused coz u said u went back to India to get married ... well your marriage is still valid and she can get marriage certificate anytime in India if ceremony was performed ... if you are on the edge of marriage then the right thing to do is file for divorce and petition for yourself only but not lie to BCIS as that could create problems in future if your wife comes up with evidences...and you can explain BCIS that you are going through divorce so want to file for yourself only... I guess others will give you better answers...good luck...Pasha

I agree with Pasha. If the marriage is recognized in India then it is recognized in the U.S. If you file as single and you are married then this will be considered fraud by USCIS and your application will be denied (and you could face removal proceedings, etc). Definitely not worth the risk. As Pasha has said, file for divorce and then apply for green card later through your employer.

Sphyrapicus3,

Thanks for the advice. I have no intention of lying to BCIS or anyone else, so you are right, I am not going to file as a "Single". However, here 2 questions to you, Pasha or anyone else knowledgeable on this matter:

1. Can I file as a "Married" individual now and then file for divorce? And then show the divorce papers at the time of interview etc. to BCIS?

2. Is having a divorce considered a negative thing for BCIS? Can they reject my application just because of that? I know it sounds paranoid, maybe I am!

Please do reply. Thanks for all your help!

-Need_Help.

FRAUDSTER ALERT !!!

Contact me now and I wil tell you off !!!

Michel Schmitt
11 Bayview Ave
Lawrence, NY 11559-1002
(516) 239-9147

Michael,

Quick clarification...if you read my post carefully, it says that I have no intention of lying to BCIS or anyone else. I only want the right advice so I don't make a mistake knowlingly. I'll do the right thing to abide by the law. Keep your number and address to yourself.

Adios!

Yes something doesnt feel right. Why are you trying to act like you arent married. Marriage in India is recognized here in the Us. If you had family that knew about it and a celebration then it was a valid marriage and you know it.
Why are you so eagar NOT to mention that you are married. Is it because you are trying to marry a US citizen because you wont be filing for your greencard for 3 more years. You wont e=get a greencard yet so why the anxiety?

lost in us:

Sorry, but I am not eager to "not be married". If I am by law, I am. So be it. But me and my wife have separated due to our own personal problems. Nothing to do with marrying someone else. We have been living separately for a long time now. So I just wanted to clarify where I stand legally, and what I need to do now so that I don't violate any laws. That's it.

Cynical, cynical world!

Need help,

Yes, you can file as married and then update your file when you get called for the interview, assuming you are divorced by then.

You have to learn to ignore Mikey - he is a German grint who likes to cause trouble.

If you want big Mike's real address, try:

Micheal Schmitt, (516) 486-0978, 556 Washington Ave, West Hempstead, NY 11552

Frauster - get out ! IT'S A FREAKING EPIDEMIC I TELL YOU !!!!!

I do not believe that you are legally married if you have not register it in India or the U.S. Most countries interpret a legal marriage as a couple receive their marriage certificate unless you live in a unique culture that a ceremony would consider a true marriage. Even the U.S immigration asks for a copy of marriage certificate when you go for a marriage-based interview. Can you just tell an immigration interviewer that I would like to bring my wife over without any paper work, but a ceremony. I do not understand why other posters think you are LEGALLY married and bind with this ceremony. How can someone divorce his or her partner without any legal base or approvd document. Am I right?

This message has been edited. Last edited by: familybased,

Thank You familybased,

That's what common sense ought to say, and that's what I thought as well, however, I am not sure the law agrees. I am told USA recognizes a marriage if it is lawfully entered into in another country. Apparantly a ceremonial marriage is legally binding in India. Well, so connecting all the dots, it would appear my Indian marriage is binding in the USA.

That is why I am having a hard time deciding how to "divorce" my wife. Having emotional problems between us is bad enough but now having to decide, whether I need a divorce lawyer, is it a no-fault divorce and which court to go to is part of my daily life.

So, I am not sure still how to proceed. Again, to the cynics, I am not here to defraud anyone...it's not like I am marrying a USC to gain citizenship or anything of the sort. I only want to know where I stand legally and how I should deal with my green card application?

If anyone knows 1. a good reasonalbe ($$) immigration lawyer who can advise AND 2. another good reasonable ($$) marriage lawyer who can tell me where I stand and how I should proceed, OR 3. just tell me what I should do next, PLEASE feel free to tell.

Thanks,

Need_Help.
PS. Mike et al .... I have enough on my plate, only serious help wanted.

Your marriage is valid in USA if ceremony was performed in India. Send a notarized letter with signatures of both requesting an issuance of marriage certificate in India. Once you get valid marriage certificate you can file for divorce without troubles.

Hi need help
I got this information from the NVC website. Here is how they define spouse. I am sorry that I may have to retrieve my previous statement. It seems like a common-law marriage could be used for immigration purpose. You may want to add your wife when you file your application. Good luck

A spouse is a legally wedded husband or wife. Cohabiting partners do not qualify as spouses for immigration purposes. Common-law spouses may qualify as spouses for immigration purposes depending on the laws of the country where the common-law marriage occurs. In cases of polygamy only the first spouse qualifies as a spouse for immigration.

Common-law marriage: An agreement between a man and woman to enter into marriage without a civil or religious ceremony. It may not be recognized as a marriage for immigration purposes.
.

Thank You all for your replies.

The question that arises, assuming I am legally married, is that when my employer applies for my green card - based on employment criteria, is there any benefit to my now separated wife if I apply as a "married" person?

What is that benefit to her? Should I get a divorce, and then apply as a "Single" person, so that she does not get any undue benefit?

In short, what is the relevance of my green card application to my wife? What can she claim?

Thanks all!

Need_Help

I thought dot heads never got divorced