Should I abandon ship

[quad48 0]

I am really up set and cant see anyway around it but to with draw petition at interview stage. on the last step before interview and found out there was some papers filed that were not legit.

the embassy would like these document sent electronically, this is how i found out, because it happens she isnt as single as she thought she was. been 16 yrs and she has been working abroad different countries. and sent money home to have the divorce all done years ago (her family told her it would be ok to do it. because alot of other people have done it.)

this is why they got sent,

so should i pull the petition ?? I am thinking yes. if i do pull it, do i get all the documents back. so then i could start over fresh the right way. ??

but i also wonder if she has the electronic document sent and file for divorce and explain the other documents. ( I dont know how.) Still i dont think she would get a visa,

starting all over from scratch, file with everything all over again, but the correct way. money lost. time lost. but i know she did do this on purpose, sorta. need alot of feed back please

[Cathi 5,783]

are you saying she is still married? not quite following what you say. If she is not divorced she will be denied. Best to withdraw and re-apply when the divorce is final

[Sirdaniel42 86]

Agree with Mimolicious, your petition will be denied because one of you is not free to marry!

Good Luck

[quad48 0]

yes she is still married, but also she summited false document to show she wasnt married.

[Cathi 5,783]

yes she is still married, but also she summited false document to show she wasnt married.

that's material misrepresentation and will result in a ban. No bueno

[NigeriaorBust 4,087]

There is no way to get a visa from the current petition. She wasn't free to marry if you filed for a K1 and if you married the marriage is void because she wasn't single

[quad48 0]

where she is, a divorce will take 6 month. the embassy told her they would wait for as long as it took to get the papers electronically sent. but when they do get it and she filed she was single. yes i worry about the ban

[NigeriaorBust 4,087]

If she is not divorced she wasn't single

[Cathi 5,783]

Nigeriaorbust has a good point, your marriage isn't valid because she is still married to someone else. You have several problems to deal with.

[Al422 221]

If she made false statements to USCIS then a new petition will not solve that problem. She will still be red flagged for the false statements. Consider consulting with an immigration lawyer before filing again.

[Cathi 5,783]

a divorce and refiling won't help the fact that she submitted false documents. There will still be a ban for misrepresentation. They will be able to access the first petition when you file again, it isn't like the evidence she submitted disappears.