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Consulate marriage - not acceptable by USCIS

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  • Consulate marriage - not acceptable by USCIS

    Hello,

    I would like to ask if some lawyers had similar case and have 100% solution.

    My Green Card would be based on H1B and my wife’s based on my Green Card.

    We got married in 2011 in Consulate Department of Embassy in Spain; one year later we took Church wedding in Poland.

    I-485 has been filled and USCIS send request for evidence.

    USCIS got only our Polish marriage certificate with location Madrid/Spain, it was not mentioned that is happened in Consulate of Embassy, and because of that they requested marriage certificate from Spain (which I cannot obtain).

    Now, we can argue with USCIS, we can say that Embassy is part of the Country etc, but they have this rule that marriage have to be under low of country where it took place, in this case if Polish Embassy is in Spain it should be Spanish law..., there was a federal case in NYC in 2014.
    We couldn’t get married in Spain because to do it we should be residents at least 2 years,..we were not.

    Now, like I said we can provide as many explanations as it is possible but if that will be not enough for USCIS they will accept my Green Card and deport my wife, which is not acceptable, that is why I ask about serious answers.

    Additional question, is Church wedding considered as a valid for immigration purpose ?

    Best Regards
    W

  • #2
    Hello,

    I'm in the similar situation where my wife married our country's consulate in San Francisco and had ceremony later in our country. Last week received a letter saying exact same thing that you wrote. Have you ever resolved this issue? Please email me

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    • #3
      Hi, I am also in a similar situation where we got married in the Philippine Consulate in San Fransisco and the USCIS officer is asking for a marriage certificate from San Fransisco, saying that our consular marriage is invalid.

      Did you get a resolution to this? Did you request a hearing (N336) or just got married again locally here in the US and applied from scratch?

      Comment


      • #4
        Originally posted by rchewey88 View Post
        Hi, I am also in a similar situation where we got married in the Philippine Consulate in San Fransisco and the USCIS officer is asking for a marriage certificate from San Fransisco, saying that our consular marriage is invalid.

        Did you get a resolution to this? Did you request a hearing (N336) or just got married again locally here in the US and applied from scratch?
        Exact same RFE here. This situation is quite scary. Please share your progress and strategies.

        Comment


        • #5
          Get married, reapply

          Your consular record of marriage is worthless

          The sooner you accept that and get over it, the better it will be for you
          Last edited by samlynn; 06-24-2017, 09:13 AM.

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