Im screwed

[Guest pushbrk]

Changing the marriage dates may work but will cause mass confusion.  You can't withdraw the I-130 and let the K-3 run it's course because the I-130 is the basis for the K-3.  As Don mentioned she can't adjust status without the I-130 being approved.  You could withdraw the entire petition and start over filing K-1.  There would probably be less complications.  If the USCIS determines the common law marriage valid then you are not legally married at this time.  Since it would cause problems remarrying in China the K-1 may be your best option.  I'm not a big fan of using lawyers in this process but in your case there are extenuating circumstances.  You need better advice than you can get on this board.

233876[/snapback]

You are probably correct right up to the suggestion to file K1. That won't work because she can't provide documentation that she is single. She's married....to the petitioner.

[Rakkasan]

I'm thinking if he just keeps his mouth shut everything MAY be ok.  Why would USCIS reject based on a marriage they don't recognize.  I assure you the Chinese recognize his marriage to his new Chinese wife, 100%. 

 

The issue is the visa petition.  Only if actions have been taken that will cause it to be denied, is there any reason to DO anything, now.  Then only with the full details can somebody advise appropriately.

233421[/snapback]

I agree with pshbrk on this one. Shut up and let the paperwork go through unimpeded. If they do not recognize common law marriage then there is nothing to adjust because in their eyes you are not married.

 

Do not send them anything in writing on this and do not call them about this issue again.

 

After she arrives in the US and you go through the AOS if it still bothers you remarry her here.

 

I would not under any circumstances contact USCIS and draw this to their attention. Their job is to investigate and review. If they do not find anything wrong on their own let it go.

[warpedbored]

Changing the marriage dates may work but will cause mass confusion.  You can't withdraw the I-130 and let the K-3 run it's course because the I-130 is the basis for the K-3.  As Don mentioned she can't adjust status without the I-130 being approved.   You could withdraw the entire petition and start over filing K-1.  There would probably be less complications.  If the USCIS determines the common law marriage valid then you are not legally married at this time.  Since it would cause problems remarrying in China the K-1 may be your best option.  I'm not a big fan of using lawyers in this process but in your case there are extenuating circumstances.  You need better advice than you can get on this board.

233876[/snapback]

You are probably correct right up to the suggestion to file K1. That won't work because she can't provide documentation that she is single. She's married....to the petitioner.

233880[/snapback]

Good point Mike but if they determine the common law marriage valid then he isn't legaly married. At least not in the US and I would doubt very seriously that he would still be considered legaly married in China either. The problem with your idea Rak is it could come back to haunt him at a later date. Innocently omiting something is one thing, omiting something in order to decieve is another matter entirely.

 

Get a lawyer Clave. This is out of our league.

Edited July 26, 2006 by warpedbored (see edit history)

[Guest pushbrk]

Changing the marriage dates may work but will cause mass confusion.?You can't withdraw the I-130 and let the K-3 run it's course because the I-130 is the basis for the K-3.?As Don mentioned she can't adjust status without the I-130 being approved.   You could withdraw the entire petition and start over filing K-1.?There would probably be less complications.?If the USCIS determines the common law marriage valid then you are not legally married at this time.?Since it would cause problems remarrying in China the K-1 may be your best option.?I'm not a big fan of using lawyers in this process but in your case there are extenuating circumstances.?You need better advice than you can get on this board.

233876[/snapback]

You are probably correct right up to the suggestion to file K1. That won't work because she can't provide documentation that she is single. She's married....to the petitioner.

233880[/snapback]

Good point Mike but if they determine the common law marriage valid then he isn't legaly married. At least not in the US and I would doubt very seriously that he would still be considered legaly married in China either. The problem with your idea Rak is it could come back to haunt him at a later date. Innocently omiting something is one thing, omiting something in order to decieve is another matter entirely.

 

Get a lawyer Clave. This is out of our league.

233884[/snapback]

Yes, he's going to have to have a lawyer because they'll need to change the marriage date on the Chinese marriage certificate. I'm just saying a K1 would not be successful because SHE is married. SHE cannot get a certificate indicating she is single. Fiance's are not "married".

 

I'm actually in the "withdraw the petitions" camp. I would be too concerned the I-130 will be denied before he can successfully get the proper papers and explanation to somebody who will move forward with an approval, before they go ahead and deny it.

 

If he hadn't already informed USCIS and sent in the divorce decree I would be firmly in the "keep your mouth shut" camp.

[warpedbored]

Changing the marriage dates may work but will cause mass confusion.?You can't withdraw the I-130 and let the K-3 run it's course because the I-130 is the basis for the K-3.?As Don mentioned she can't adjust status without the I-130 being approved.   You could withdraw the entire petition and start over filing K-1.?There would probably be less complications.?If the USCIS determines the common law marriage valid then you are not legally married at this time.?Since it would cause problems remarrying in China the K-1 may be your best option.?I'm not a big fan of using lawyers in this process but in your case there are extenuating circumstances.?You need better advice than you can get on this board.

233876[/snapback]

You are probably correct right up to the suggestion to file K1. That won't work because she can't provide documentation that she is single. She's married....to the petitioner.

233880[/snapback]

Good point Mike but if they determine the common law marriage valid then he isn't legaly married. At least not in the US and I would doubt very seriously that he would still be considered legaly married in China either. The problem with your idea Rak is it could come back to haunt him at a later date. Innocently omiting something is one thing, omiting something in order to decieve is another matter entirely.

 

Get a lawyer Clave. This is out of our league.

233884[/snapback]

Yes, he's going to have to have a lawyer because they'll need to change the marriage date on the Chinese marriage certificate. I'm just saying a K1 would not be successful because SHE is married. SHE cannot get a certificate indicating she is single. Fiance's are not "married".

 

I'm actually in the "withdraw the petitions" camp. I would be too concerned the I-130 will be denied before he can successfully get the proper papers and explanation to somebody who will move forward with an approval, before they go ahead and deny it.

 

If he hadn't already informed USCIS and sent in the divorce decree I would be firmly in the "keep your mouth shut" camp.

233885[/snapback]

You are assuming Mike that she can't get a single cert because she is married. My stance is I doubt that China would consider the marriage legal either if they were aware of the common law divorce decree. If that were the case she would be single.

[Guest pushbrk]

Changing the marriage dates may work but will cause mass confusion.?You can't withdraw the I-130 and let the K-3 run it's course because the I-130 is the basis for the K-3.?As Don mentioned she can't adjust status without the I-130 being approved.   You could withdraw the entire petition and start over filing K-1.?There would probably be less complications.?If the USCIS determines the common law marriage valid then you are not legally married at this time.?Since it would cause problems remarrying in China the K-1 may be your best option.?I'm not a big fan of using lawyers in this process but in your case there are extenuating circumstances.?You need better advice than you can get on this board.

233876[/snapback]

You are probably correct right up to the suggestion to file K1. That won't work because she can't provide documentation that she is single. She's married....to the petitioner.

233880[/snapback]

Good point Mike but if they determine the common law marriage valid then he isn't legaly married. At least not in the US and I would doubt very seriously that he would still be considered legaly married in China either. The problem with your idea Rak is it could come back to haunt him at a later date. Innocently omiting something is one thing, omiting something in order to decieve is another matter entirely.

 

Get a lawyer Clave. This is out of our league.

233884[/snapback]

Yes, he's going to have to have a lawyer because they'll need to change the marriage date on the Chinese marriage certificate. I'm just saying a K1 would not be successful because SHE is married. SHE cannot get a certificate indicating she is single. Fiance's are not "married".

 

I'm actually in the "withdraw the petitions" camp. I would be too concerned the I-130 will be denied before he can successfully get the proper papers and explanation to somebody who will move forward with an approval, before they go ahead and deny it.

 

If he hadn't already informed USCIS and sent in the divorce decree I would be firmly in the "keep your mouth shut" camp.

233885[/snapback]

You are assuming Mike that she can't get a single cert because she is married. My stance is I doubt that China would consider the marriage legal either if they were aware of the common law divorce decree. If that were the case she would be single.

233887[/snapback]

In the present tense, her marriage in China is on the books. It IS valid. Therefore, she cannot get a single certificate. If she were to divorce or go through some OTHER unknown and unsuggested procedure to become single according to Chinese records, then yes. At this present time, in these circumstances she cannot get a single certificate.

 

I'm not at all certain there is a procedure for invalidating a Chinese marriage after it has been registered. So far, nobody has suggested even the possibility of doing so.

[claves66]

Ok I hope these threads are never need by anyone else. Ever...

 

With that being said. Eunice is going to help me get the dates changed. I am not willing to Gamble on this. So I am going to request that both Petitions get pulled. I am all for safety. If it adds more time, at less risk. I am ok with that. My family is #1. Now, what reason do I put down for the with draw? This shoud be easy. Remember I have foot in mouth issues....

Edited July 26, 2006 by claves66 (see edit history)

[Guest pushbrk]

Ok I hope these threads are never need by anyone else.  Ever... 

 

With that being said.  Eunice is going to help me get the dates changed.  I am not willing to Gamble on this.  So I am going to request that both Petitions get pulled.  I am all for safety.  If it adds more time, at less risk.  I am ok with that.  My family is #1.  Now, what reason do I put down for the with draw?  This shoud be easy.  Remember I have foot in mouth issues.... 

233901[/snapback]

Opinions are likely to vary on this but I would give no reason. I doubt USCIS cares.

[warpedbored]

It can't hurt to send a full explanation asking them to either not recognise the common law marriage or withdraw the petition so you can change the marriage dates and start over. Good luck.

[claves66]

It can't hurt to send a full explanation asking them to either not recognise the common law marriage or withdraw the petition so you can change the marriage dates and start over.  Good luck.

233921[/snapback]

Now that I like....