‘Secret marriages’ could result in lifetime ban or lifetime separation

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:

1. Minor (under 21 years of age) child of U.S. citizen (immediate relative).

2. Single adult (over 21 years of age) child of U.S. citizen (category F-1).

3. Single child of greencard holder (category F-2A or F-2B).

4. 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. (or adjusting status), 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 USCIS 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 USCIS, 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 USCIS 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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