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Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

hello everyone,

I need your help, it's been 5 years I went to ask the tourist visa, but I lied about my marital status, I was forced to have a marriage certificate to facilitate obtaining this visa unfortunately I did not get the visa. Now, I am married with American, she must send the form i-130 for my residence. my question is that I must have a certificate of divorce? or is that after 5 years, imigration always has my information?

Filed: Citizen (apr) Country: Denmark
Timeline
Posted

You lied before on an immigration form and USCIS caught you?

I think you have bigger issues than a divorce decree and you might want to start looking into waivers for material misrepresentation.

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Posted

Yes, they will know. You might get an RFE for the divorce decree. If you were not really married and you lied and forged a marriage certificate to get the visitor visa, you committed immigration fraud and you MUST consult an attorney to untangle this situation. If you told the truth about being married and you failed to get the visa because you could not supply a marriage certificate, you will still need to provide a divorce decree for the previous marriage (unless it ended in the death of your spouse, in which case you must send a copy of the death certificate).

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

Filed: Timeline
Posted

The way Im reading this is he wasnt married. He tried to get a visa and thought that if he told them he was married he would be approved, so he brought them a phony marriage certificate to show ties to his country. The visa was denied. Now he is married to a USC and the USC is going to be sending in the CR1. He wants to know what to do.

Hes considering-

Are they going to see that he applied for a visa and said he was married? Will they then want to see a divorce decree? Should he now get a phony divorce decree to cancel out the phony marriage certificate he presented? (yikes)

Is this all correct?

If so-

My first question would be- has your wife already sent the CR1 in? Did she say on it you were married before?

You already lied on a previous visa application- you dont fix that by lying again.

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

Yes, they will know. You might get an RFE for the divorce decree. If you were not really married and you lied and forged a marriage certificate to get the visitor visa, you committed immigration fraud and you MUST consult an attorney to untangle this situation. If you told the truth about being married and you failed to get the visa because you could not supply a marriage certificate, you will still need to provide a divorce decree for the previous marriage (unless it ended in the death of your spouse, in which case you must send a copy of the death certificate).

Thank you so much for your help,

I already have a divorce certificate in hand, is that any way I have to see a lawyer?

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

You lied before on an immigration form and USCIS caught you?

I think you have bigger issues than a divorce decree and you might want to start looking into waivers for material misrepresentation.

Thank you Nola123,

I already have a divorce certificate in hand, is that any way I have to see a lawyer

Posted

Thank you Nola123,

I already have a divorce certificate in hand, is that any way I have to see a lawyer

If you can prove you were really married and really divorced, then that's a great relief. You are required to supply that information with your I-130.

A source or concern is your previous visa denial. Why exactly was it denied? You may need to address any issues with that, especially if fraud was suspected.

I'm a dual US/Hungarian citizen (both by birth; Hungarian citizenship verification TBA), and my husband is a dual British/Irish citizen (by treaty) from Northern Ireland. We are atheists.

All advice is given pursuant to the Disclaimer that you may read at the bottom of each forum page.

LATEST STEPS:

28 Jun 2013: POE Houston

08 Jul 2013: SSN received (at SSA office)

07 Aug 2013: Green Card received

27 Feb 2014: Whoa, life happened. Planning move "back home" together to Republic of Ireland by end of April.

29 Apr 2014: POE Dublin through Heathrow

15 May 2014: Received formal residency/work permission (GNIB card with Stamp 4, one year renewable) for the ROI

For my FULL timeline, see my "About Me" page.


For small creatures such as we, the vastness is bearable only through love. (Carl Sagan)

Filed: K-1 Visa Country: Costa Rica
Timeline
Posted

The way Im reading this is he wasnt married. He tried to get a visa and thought that if he told them he was married he would be approved, so he brought them a phony marriage certificate to show ties to his country. The visa was denied. Now he is married to a USC and the USC is going to be sending in the CR1. He wants to know what to do.

Hes considering-

Are they going to see that he applied for a visa and said he was married? Will they then want to see a divorce decree? Should he now get a phony divorce decree to cancel out the phony marriage certificate he presented? (yikes)

Is this all correct?

If so-

My first question would be- has your wife already sent the CR1 in? Did she say on it you were married before?

You already lied on a previous visa application- you dont fix that by lying again.

Thank you for your help.

my wife has not sent yet the form i-130 that is why we want to know if she must see a lawyer, but we already have a certificate of divorce.

Filed: Timeline
Posted

So youre considering-

Because you applied for a visa and told them you were married (which was a lie), you now want to submit your CR1 and say you were married and divorced and present a phony marriage and divorce certificate.

That is a HUGE mistake.

IMO You committed a MINOR offense lying on a visa application. Youd be committing a HUGE offense submitting a phony marriage certificate and divorce decree.

There was recently a thread about a someone who 'accidentally' presented a phony prior spouses death certificate to the embassy during the visa process. It was discovered to be a fraudulent document. Make no mistake the embassy will know your documents are fraudulent. They are specifically trained to detect fraudulent documents. You will be charged with intentional material misrepresentation. You will not be issued the visa.

Do not attempt to cover up one lie with another lie.

 
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