Reentered USA on F1 after marriage to US citizen. Am I screwed ?

[strangefella]

Hi everyone,*

I am a student on F1 visa who will be graduating in August this year. Late last year I got married (yet to submit the marriage license & get the marriage certificate) and my wife is a US citizen. I want to apply for adjustment of status (EAD card & advanced parole as well) before my graduation. My concern is that I traveled to my country with my wife after the wedding and entered the USA on F1 visa. I am maintaining my full course load as of now.*

Here is the timeline of the relationship.

2010 June* - I come to US to pursue a Master's on F1.*
2012 April* - We meet.*
2012 Dec- We move in together.*
2013 July- I finish my Master's & start my PhD .*
2015 Dec - I travel to my country, I get another F1 visa as the previous one expired.

2017 Oct - We got married (in USA).*
2017 Dec - We travel to my country, she meets my parents, we have a traditional engagement ceremony, she flies back to US while I stay there for a few more weeks.
2018 Jan - I travel back to USA,*I reenter the USA back on the existing F1 visa.*

Only a handful of people (6 or so) know about our wedding. None of our relatives know about it. We are going through a wedding ceremony (on the same day of our actual wedding last year) this year. We decided to do it exactly a year before to avoid family drama.*

I had spoken with a school official regarding this situation and he had not mentioned that traveling back to US on F1 after getting married might be an issue. I wish I had done more research & consulted a lawyer prior to departure, but it is too late now. Earlier I was considering filing the papers for myself, but now it seems like I should hire a lawyer.*

I am aghast that I might have committed a huge huge mistake by not applying for AOS right after the wedding. What can/should I do now other than hiring a lawyer to file the paperwork ? And when exactly should I file the paperwork (30/60/90... days) ?**

Thanks in advance!*

[inadmissible]

You're only screwed if you lied to the CBP officer upon admission

That said, I'm not clear if you're actually married or not

[miiki]

Late last year I got married (yet to submit the marriage license & get the marriage certificate)

Are you really married? It's not legal until it's registered with the county.

[strangefella]

You're only screwed if you lied to the CBP officer upon admission

That said, I'm not clear if you're actually married or not

Here is the conversation with the CBP officer word for word..

CBP: What brings you to US.
Me: Planning to finish my PhD program, it is my last semester.
CBP: What do you study?
Me: study area
CBP: Which School ?
Me: school name & location

I did not lie, this is accurate, but my worry is that it may not be seen that way at the interview. I was not asked about marriage or why I traveled to India.

@miiki
Yes, I am married, got married in Oct 2017. AFAIK the signed license has to be returned within 6 months and the marriage date is registered as the actual date of wedding. We intend to submit it next week.

@tomjerry111
Comforting to know that, I hope when it comes to interview the officer observes that.

[inadmissible]

CBP: What brings you to US.
Me: Planning to finish my PhD program, it is my last semester.
CBP: What do you study?
Me: study area
CBP: Which School ?
Me: school name & location

I did not lie, this is accurate, but my worry is that it may not be seen that way at the interview. I was not asked about marriage or why I traveled to India.

Since you were not asked about the duration of your stay, nor about your plans to depart the United States after the completion of your academic program, you did not misrepresent yourself to the CBP officer. You are good to go, and can apply for adjustment of status whenever you have evidence of marriage to a US citizen (ie marriage certificate)

[UScitizenFilingforspouse]

@miiki
Yes, I am married, got married in Oct 2017. AFAIK the signed license has to be returned within 6 months and the marriage date is registered as the actual date of wedding. We intend to submit it next week. [/QUOTE]

This is just my humble opinion. It sounds to me like you may have confused the marriage license with your marriage certificate; as well as, the expiration date of your marriage license and the timeframe to file the marriage certificate with the office of the county clerk.

Now, It is the officiant who must file the marriage certificate with the office of the county clerk; not either one of you. It must be done within days after the ceremony and in my state, for instance, within 5 days. While the date of the ceremony is currently RECORDED as the actual wedding date, your marriage is not REGISTERED with the office of the county clerk.

Not filing the marriage certificate within 5 days does not invalidate or nullify the marriage in my state. It just makes it harder to document it. From what I read, it seems like in situations like yours, the marriage certificate will display dates, for the ceremony and filing of the certificate, that are rather far apart.

It will probably come down to your county’s rules. Most people do not wait this long to file the certificate with the office of the county clerk.

Best of luck!

[aasamih85]

Did u get ur interview yet?

Did u get ur interview yet ?