|  “SECRET
MARRIAGES” COULD RESULT IN LIFETIME
BAN OR LIFETIME SEPARATION
by Michael J. Gurfinkel, Esq.
Dear Atty. Gurfinkel:
I was petitioned by my parent as “single”.
I already passed my interview at the Embassy, and my immigrant
visa has been delivered to me.
I will be leaving for the States in about two weeks.
However, my boyfriend is feeling insecure, thinking that once
I leave for America, I will forget about him. So, he wants us
to have a “secret” marriage before I leave for the
U.S., in order to prove my love and devotion to him. I am being
told that no one would ever find out about the marriage, and the
marriage contract would not be recorded.
Since I already passed the interview, and I already
have my visa in hand, would it be OK for me to marry my boyfriend
before I leave for the U.S.?
Very truly yours,
F.T.
Dear F.T.:
Certain petitions require the beneficiary to remain
single up until the time they actually enter
the U.S. (or touch U.S. soil).Those petitions
include:
- Minor (under 21 years of age) child of U.S.
citizen (immediate relative)
- Single adult (over 21 years of age) child of
U.S. citizen (category F-1).
- Single child of greencard holder (category F-2A
or F-2B)
- Minor (under 21 years of age) child who is a
“derivative” beneficiary under their parent’s
family or employment-based petition.
If any of these beneficiaries
marry before entering the U.S., they lose eligibility for that
visa, and would not be able to legally immigrate to the
U.S. based on that visa classification.
Even if you already have your immigrant visa in
hand, you must still land in America as “single”.
In fact, when a person is immigrating as “single”,
they are specifically advised, and are required to sign a document,
that they are aware that they would lose their eligibility to
immigrate to the U.S. if they marry before entering the U.S.
Many people are under the misconception that once
their visa is issued, they could then marry before leaving for
America. This is not the case.
Any marriage, secret or otherwise, has a way of
coming back to haunt a “single” immigrant. If the
Embassy or BCIS should discover the marriage contract, then the
person could face a possible lifetime ban from ever entering the
U.S. because of fraud. If he was somehow able to enter the U.S.,
he could later be removed (deported). Moreover, he can never
bring his spouse or children to the U.S. legally. This is because
if a person entered the U.S. through fraud (by misrepresenting
his marital status), he is not legally entitled to his own
status, and so cannot petition any family members, based on his
illegally-obtained status.
The Embassy is aware of these tricks and schemes
by married/single petitioners, such as after obtaining their greencard,
they return to the Philippines and marry their same spouse a second
time. They would then petition that spouse and their children,
using the second date of marriage
(and second marriage contract) as the supposed first and only
marriage between the couple. They get all excited when the petition
is approved by the BCIS, thinking that they are “home free”
in getting their family to America. But the Embassy is very thorough,
and undoubtedly will track down the petitioner’s entire
record of marriages. The Embassy will find the “secret”
marriage and then deny visas to the family. In fact, the Embassy’s
denial form would specify that: “Your petitioner entered
the U.S. illegally and may not petition for you.” The file
is then sent back to the BCIS for “reconsideration and disposition”,
which could ultimately result in the married/single petitioner
being placed in removal (deportation) proceedings.
Some married/singles think that if they are able
to conceal their fraud and obtain U.S. citizenship, then they
should have no problem being able to petition and bring their
family to America. After all, they are already U.S. citizens.
That is not the case. Since their original status was obtained
“illegally”, the Embassy will refuse to issue the
visa, whether the petitioner is still a greencard holder or even
a U.S. citizen.
The bottom line is that if you were petitioned in
a category requiring that you be single, then you must remain
single up until the time you step on American
soil (or, if you are in the U.S., until your adjustment
of status is approved). Secret marriages, which people entered
into as an expression of eternal devotion, could actually result
in a lifetime of separation,
since you would not be able to petition and/or bring your spouse
to America.
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