The Consequences of Getting Married After an Approval as a Child but Before Entering the U.S. for Green Card Purposes

By Brian Figeroux, Esq. 

The U.S. immigration system has strict eligibility requirements for family-based green cards, particularly for children of U.S. citizens or permanent residents. If a person is approved for a green card under the classification of a “child” (unmarried and under 21), getting married before entering the U.S. can have serious legal consequences. This article explores the impact of marriage on the green card process after consular approval but before entry, the potential loss of status, alternative options, and legal remedies available.

Understanding Child-Based Immigration Categories

In U.S. immigration law, the term “child” has a specific meaning:

1. Immediate Relative (IR-2) Category – For unmarried children (under 21) of U.S. citizens.
2. F2A Category – For unmarried children (under 21) of lawful permanent residents (green card holders).
3. F1 Category – For unmarried sons and daughters (21 or older) of U.S. citizens.

A critical condition for these classifications is marital status. If a person classified as a “child” marries before entering the U.S., they may lose their eligibility for the visa.

Consequences of Getting Married After Consular Approval But Before Entering the U.S.

1. Automatic Revocation of Visa Approval

Marriage before entry into the U.S. can lead to the automatic revocation of the immigrant visa under the IR-2 or F2A categories. This happens because:

• The U.S. Consulate approves the visa based on the applicant being unmarried at the time of processing.
• Marriage changes the applicant’s status, making them ineligible for their approved visa.
• If a person in the IR-2 or F2A category gets married, their visa automatically becomes invalid, and they cannot use it to enter the U.S.

2. Denial of Entry at the U.S. Port of Entry

Even if the applicant does not disclose their marriage at the time of visa issuance, Customs and Border Protection (CBP) officers at the port of entry have the authority to:

• Review visa eligibility upon arrival.
• Ask questions about the applicant’s marital status.
• Deny entry if they discover that the applicant has married after consular approval but before entry.

Attempting to enter the U.S. under a visa classification that no longer applies due to marriage may be considered fraudulent entry, leading to severe immigration consequences.

3. Possible Immigration Fraud Accusations

If the person fails to disclose their marriage and tries to enter the U.S., they may be accused of misrepresentation or immigration fraud. This can result in:

• A permanent bar from entering the U.S. under Section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA).
• Denial of future immigration benefits, including family-based green cards.
• Possible deportation if the fraud is discovered later.

Honesty and full disclosure with U.S. immigration authorities are crucial to avoiding these severe consequences.

Alternative Options for Married Applicants

1. Reapplying Under a Different Family-Based Category

If the applicant gets married before entering the U.S., they are no longer eligible under the IR-2 or F2A visa categories. However, they may still be eligible under a different category:

• If the petitioner is a U.S. citizen, the applicant can be reclassified under the F3 (Married Sons and Daughters of U.S. Citizens) category.
• If the petitioner is a green card holder, the applicant is no longer eligible because there is no category for married children of lawful permanent residents. The petitioner must wait until they become a U.S. citizen to file a new petition under the F3 category.

2. Seeking a K-3 or K-1 Visa Through a U.S. Citizen Spouse

If the applicant marries a U.S. citizen instead of keeping their original petition:

• The U.S. citizen spouse can file an I-130 (Petition for Alien Relative) for the applicant under the immediate relative spouse (IR-1) category.
• Alternatively, if the applicant is overseas, they may apply for a K-3 nonimmigrant visa, allowing them to enter the U.S. while waiting for their green card processing.
• If the marriage occurred before visa approval but not disclosed, it may be necessary to withdraw the old petition and file a new one based on the new relationship.

3. Exploring Employment-Based or Diversity Visa Options

If family-based immigration is no longer an option due to marriage, the applicant may consider:

• Employment-based immigration (such as H-1B or EB-3 sponsorship).
• The Diversity Visa (DV) Lottery, if eligible based on their country of birth.

These options may provide alternative pathways to enter the U.S. legally without relying on family sponsorship.

Legal Remedies if Marriage Occurs After Visa Issuance

1. Requesting Reclassification Before Entering the U.S.

If the applicant has already received a visa but gets married before traveling, they should:

• Immediately notify the U.S. Embassy or Consulate where the visa was issued.
• Request reclassification under the appropriate category (F3 for married children of U.S. citizens).
• Avoid using the invalid visa, as attempting to enter the U.S. under false pretenses can result in serious consequences.

2. Filing a Waiver for Misrepresentation (If Necessary)

If the applicant unintentionally fails to disclose their marriage and enters the U.S., they may be found inadmissible. In such cases, they may need to file a waiver of inadmissibility (Form I-601) based on extreme hardship to a U.S. citizen or permanent resident family member. However, approval of such waivers is not guaranteed and requires strong evidence.

3. Seeking Legal Counsel for Possible Adjustments

An immigration attorney can help determine the best course of action, including:

• Filing a new family-based petition under the correct category.
• Exploring humanitarian relief or legal forgiveness options if an error was made.
• Advising on the best way to correct the situation without further jeopardizing immigration status.

Conclusion

Getting married after receiving a visa approval as a “child” but before entering the U.S. can have significant consequences. The visa becomes invalid, and the applicant may be denied entry or even accused of immigration fraud if they fail to disclose their new marital status. However, alternative immigration pathways exist, including reapplying under a different family-based category or seeking an employment-based visa. Transparency with U.S. immigration authorities is essential to avoid legal complications. If a mistake has been made, consulting an immigration attorney can help navigate the best legal remedies available.