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A friend of mine with card filed petition for his wife and 4…

Customer Question
A friend of mine...

A friend of mine with green card filed petition for his wife and 4 year old son. However, their case got denied at the embassy stage because they had never execute their marriage. They have gotten a copy of their marriage certificate but it is not certified.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The consulate is in Cambodia

Submitted: 6 months ago.Category: Immigration Law
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Answered in 5 minutes by:
1/5/2018
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,353
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 6 months ago
I attached the letter they got from the embassy.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Was the U.S. Embassy incorrect? Were they legally married when the petition was filed? Or was that made legal after they filed?

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Customer reply replied 6 months ago
they live in the rural area of Cambodia and do not know much about the laws. When they went to register their marriage, all they get was a piece of paper that said marriage certificate. They did not know that they had to go back for a certified copy.
Their case went through with USCIS and NVC. However, once it get to the consulate, it got denied because they were never legally married.
The question here is are there any alternatives to filing a new petition because that would mean another two years of waiting?
Note: They have a 4 year old son together.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

The alternative would be to prove that they were legally married under the laws of Cambodia at the time they filed. He would file an I-290B and appeal it. Honestly, it would probably be better to make sure they are legally married and file again and perhaps ask to expedite. Here are some links:

https://www.uscis.gov/forms/expedite-criteria

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 6 months ago

Thank you for your kindness and respect. Good luck to you.

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