Filed DV lottery as single but I was married - F2A Visa

[evolutionb 1]

Hello,

Does anyone have the same experience?

I got married in 2007 and filled the DV lottery application in 2008 as single because i had some family issues. After that I traveled by myself to the US. I tried to adjust the status through USCIS,

I did apply for I-130, it has been approved and everything went well (USCIS, NVC...etc.)

They scheduled an interview for my wife and daughter. The agent asked her about why didn't I take her with me first time? she explained to him that we had issues and problems and we did not get along. At the end, he asked for a statement from me to explain why did I put myself as single in the DV lottery?

In addition, he asked for DNA test to prove the kid is of Father and Mother.

Any thoughts?

Anybody has the same experience?

My visa case now is: Administrative Processing.

Do you think that everything will be ok?

Thanks

[Harpa Timsah 13,258]

I think you will be banned for life for misrepresentation.

[del-2-5-2014 1,339]

Not good, not good at all. Any chance that you can spring for legal representation?

[evolutionb 1]

The officer asked me to write a statement explaining the reasons behind what happened. In addition to that, they asked for pictures.

The important thing is that the officer told my wife that it is OK but you need to provide these documents (Statement, pictures, DNA test).

Here is another question, If i have to be banned. Why did USCIS approve my case (I-130)?

[Hypnos 6,578]

You intentionally misrepresented yourself as single when you were, in fact, married. Your only saving grace is that this may not be considered "material misrepresentation", in that even if you had stated in your DV application you were married, it wouldn't preclude you from being able to be selected or receive a visa.

USCIS's left hand does not always know what its right hand is doing. I'd strongly suggest you speak with an experienced immigration attorney. Intentionally lying to a federal government agency rarely ends well.

Edited December 5, 2013 by Hypnos

[evolutionb 1]

I did not really lie, I was at the point of divorce. This is why I decided to move forward by myself,

Just clarification: The officer did not say NO, he asked for more evidence.

[Hypnos 6,578]

You lied; you knew you were married and filed as single. However you want to rationalise it is your business.

[evolutionb 1]

Ok

[NigeriaorBust 4,087]

The best chance is to write an honest tale of what happened. Honesty is the best course no matter the result.

Something like

Sirs/Madame

When I applied for the DV lottery in XXXXXXXX my relationship with my wife seemed to be at an end, we had problems over xxxxxxxxxxxxxxxxxx and lived separately since XXXXXXXX. At the point of applying I was of the mind I would be divorced by (date. )

However ( write the rest of the story )

[aaron2020 11,651]

Lawyer up.

You lied. Almost divorce is still married.

Have you considered the consequences in admitting in writing that you lied? You could lose your immigration benefit. Time to lawyer up to protect yourself and your family. Don't be tricked into admitting guilt and end up losing your immigration benefit and no visas for your family.

[milimelo 4,568]

You intentionally misrepresented yourself as single when you were, in fact, married. Your only saving grace is that this may not be considered "material misrepresentation", in that even if you had stated in your DV application you were married, it wouldn't preclude you from being able to be selected or receive a visa.

USCIS's left hand does not always know what its right hand is doing. I'd strongly suggest you speak with an experienced immigration attorney. Intentionally lying to a federal government agency rarely ends well.

Not true - people who are married and indicate single on the entry and then attempt to add spouse and children at the interview are automatically disqualified - check out the rules of DV lottery entry. There's no saving grace in this case.

Per the rules, if you're married and have child(ren) you MUST include spouse and child(ren)in the DV lottery entry (with pictures). If you don't and list it single and then try to add family - all of you will be automatically disqualified - no visa.

You're currently looking at full revocation of your status.

[Hypnos 6,578]

I checked the instructions and you are quite correct:

"Failure to list your eligible spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. You must list your spouse here even if you plan to be divorced before you apply for a visa".

[scienceworks 64]

People are disqualified for minor issues, while USCIS completely overlooks blatant lies. What a shame.

[Cathi 5,794]

Almost doesn't count, you were married, you lied. At this point the most likely outcome is that you will be banned for life, and there will be no visas for your family. You need a reputable immigration lawyer, not just one that handles simple immigration cases. It will be a long, expensive battle with you most likely losing.

[evolutionb 1]

How could you explain that the officer asked for wedding pictures and a statement from me explaining what happened. In addition, they asked for DNA test to prove the daughter is from me and her mother. Are they trying to get justifications to deny the visa or what?

I checked with the lawyer yesterday, he said that it should not be a problem.......