Help! Had Interview, did not list first marriage, question?

[RachelRamos 0]

My husband and went the DCF route and were approved for Visa, now he is waiting for

2nd interview after he gets medical exams done. My question is this: Does the embassy

actually do a background check on the petitioner (I am an American) or just my husband?

The reason I ask is I have been married twice (this is third marriage now) but only listed

my last marriage and provided that divorce certificate. My attorney told me since I was married the second time I obviously was divorced and did not have to provide that information. Now I wondering

if that was okay and will they check and then deny the visa?

Also, can anyone tell me during the 2nd interview what type of questions are asked. Are there

more relationship questions asked or is my husband done with that phase with the first interview

we had together?

[Yodrak 7]

RachelRamos,

It's not obvious at all that your 2nd marriage indicates your first marriage was ended, either by divorce or by other means - you could have committed polygamy.

I am confused about two interviews, and especially confused about how the visa application could be approved if the medical exam has not been done yet - medical exam is a requirement for immigrant visa approval.

Yodrak

My husband and went the DCF route and were approved for Visa, now he is waiting for

2nd interview after he gets medical exams done. My question is this: Does the embassy

actually do a background check on the petitioner (I am an American) or just my husband?

The reason I ask is I have been married twice (this is third marriage now) but only listed

my last marriage and provided that divorce certificate. My attorney told me since I was married the second time I obviously was divorced and did not have to provide that information. Now I wondering

if that was okay and will they check and then deny the visa?

Also, can anyone tell me during the 2nd interview what type of questions are asked. Are there

more relationship questions asked or is my husband done with that phase with the first interview

we had together?

[Jersey Girl 2]

I don't know about your situation and you should trust your legal counsel. But if you have time before the next interview, it wouldn't hurt to get all divorce certificates (originals or certified copies). Just in case. I'm the USC and have been married 4 times. In order to be prepared for the interview, I've decided to get certified copies of all divorces even though photocopies of photocopies have been okay up until now. The interview stage (for the K3) seems to be all about the foreign spouse, but polygymy is a serious matter and grounds for denying the visa. Why raise red flags at the last minute? Hey, if they never ask to see the divorce certs, I'll have some interesting wall displays.

[tmma 467]

WOW!

I am kind of suprised your attorney would give you advice like that...I mean on all the paperwork you sign, it says " under penalty of purgery...blah, blah.....all the truth.....blah blah....." Or maybe I misunderstood your post

What about prior name changes?

I thought the marraige certs were required on the paperwork to prove your name changed ( they check that against SSN records is the rumour that I heard elsewhere) [ another forum] for that too-

Please be careful-but I have no law degree, so if that is what your attorney told you to do .....

Sorry I have no advice, but best of luck!

Michele

Edited May 5, 2006 by tmma

[RachelRamos 0]

Sorry, I meant to say our petition was approved. Visa of course comes later. Also, I

did not change my name for my first or second marriage, I have always had the same last name

so that will not be an issue. I am just wondering if

I should give my husband a copy of my first marriage certified divorce certificate and perhaps have

him give it to them only if they ask. They told us in the interview that they do a background check

for him, but said nothing about me. It would appear it is the immigrant they worry about,

not the petitioner (me) but I am not sure and will be soooo upset if he is denied a visa because of my mistake (listening to my attorney). Looking back on it, I have no idea why she would advise me of this and

why I did not question it then. I could just kick myself and feel miserable.....

[tmma 467]

Have you looked in the guides at the top of the page?

There is some great stuff up there!

Also I found this link in one of the guides ..It may be handy for you

http://www.kamya.com/interview/

regards and best wishes

Michele

[Jersey Girl 2]

The lawyer may be giving advice based on the idea that the current marriage could not have gone ahead without evidence of divorce from the last husband. And so on, back through time. This is how the town where I was married in March handled the marriage license: they only asked to see the divorce decree from the last marriage. I told them I'd been married 3 times before, but they insisted they only wanted to see the last divorce. The assumption was that they were all legal divorces.

While this may be how it's handled at a municipal level, the feds will have a stricter system of background checks for visas, I'm sure. At this point, I'd arm myself with as many certified copies as possible, in case you're asked. Let the lawyer handle the mess if it happens because his advice created it. Hopefully, it won't be an issue.

[MichelleandCraig 1]

I always thought(for K1 anyway..not sure on the rest) that ALL marriages had to be listed, even on the petition?? Yodrak? Hope it all works out for you.. M.

[TracyTN 237]

That is my understanding as well, Mich. This is a DCF but I assume the rules are the same (though maybe not).

Edited May 5, 2006 by TracyTN

[desert_fox 32]

Your attorney was probably hedging his bets, as he wanted you back as a client after your petition gets denied and he can charge you more $'s. Go thru the instructions yourself when you submit these documents to make sure that every thing has been covered. Im sure that it sez to submit copies of a previous marriages have been terminated, with copies of certified court documents.

Ive read so many horror stories on how attorneys have screwed up applications, that I would never use one for this process. These papers are easier than a job application, and I certainly would not unse one for that.

[CarolineM 0]

Your lawyer was incorrect...just like all the other visas ALL marriages and divorces MUST BE LISTED.

[Yodrak 7]

Rachel/Ramos,

I think that your husband should be armed with both the certified copy and a photocopy of teh divorce certificate from your first marriage.

As for offering it up v. waiting to be asked about it I don't have an opinion to offer. If I were you I'd be inclined to try to consult with a US immigration attorney who practices in your husband's country and has a feel for how the consular officers might respond to the situation. I don't know whether the misrepresentation that has been made is material or not.

Yodrak

Sorry, I meant to say our petition was approved. Visa of course comes later. Also, I

did not change my name for my first or second marriage, I have always had the same last name

so that will not be an issue. I am just wondering if

I should give my husband a copy of my first marriage certified divorce certificate and perhaps have

him give it to them only if they ask. They told us in the interview that they do a background check

for him, but said nothing about me. It would appear it is the immigrant they worry about,

not the petitioner (me) but I am not sure and will be soooo upset if he is denied a visa because of my mistake (listening to my attorney). Looking back on it, I have no idea why she would advise me of this and

why I did not question it then. I could just kick myself and feel miserable.....

[giraffemd 0]

Your lawyer was incorrect...just like all the other visas ALL marriages and divorces MUST BE LISTED.

and usually for the interview at the consulate you must present the certified documents

[meauxna 15]

That is my understanding as well, Mich. This is a DCF but I assume the rules are the same (though maybe not).

Nope, same rules Tracy, you've got it right.

It's an error that needs to be corrected, but I'm not sure what the best way to do so would be.