K1 visa applying for AOS but question on I-601

[Natalia14 0]

I need some advice on how to proceed with my AOS since we got married last week.

I came here via K-1 visa and my POE was Newark about a month ago and we are now in the process of applying for AOS. But here's the catch - at the time of our interview and at the time that we applied for the K-1 visa we were not married at all. But we were previously married and officially got divorced. I was in the USA in 2/2011 illegally and we met a couple months after that. We decided to get married in 7/2011 but later got divorced in 8/2012 and I returned back home on my own in 12/2012. We kept in touch even after going back to my home country. He even came to visit me a few times. As months went by and we continued to talk over the phone we fell in love with each other again. We decided we wanted to get married again and this time start a family of our own. We went through the process of applying for the K-1 visa but we did not disclose that I was previously in the USA illegally or that we previously got married and got divorced. Yes, I know that was wrong but I thought since they didn't know I was in America before, why mention it. But now I'm stuck because our Marriage Certificate shows that we were previously married to each other before. I'm sure when they look at the Marriage Certificate they will question that. Should I send my AOS packet with a I-601?

Please help

[chulo 1]

with your serious situation why would you try to solve this problem without an attorney??? don't think that the Homeland Security will not find? the consulants already will look at you as a fraud but then to add a two-fold lie.

Not smart??

[NigeriaorBust 4,087]

^{When you applied for your K1 you both were required to disclose previous marriages and failed to do so. You also had to fill out your residence data for the bio sheets. You have submitted false data on these and gained a visa based on this data. You are no longer in a do it yourself situation. IF you re entered the US while a ban should have been in place based on falsified data you could be subject to a lifetime ban. This is way beyond a do it yourself forum. GO to several good lawyers and get professional opinions.}

[Hypnos 6,578]

Find a lawyer.

It's a cardinal rule that you should not lie on any immigration forms (technically it's a federal crime - perjury - to do so).

The only saving grace is that your misrepresentation / fraud may not rise to the level of material misrepresentation / fraud, as even if you had declared you were previously married and divorced to and from each other you would still have been eligible for the K-1. USCIS may not see it that way though.

As I said, it's lawyer time.

FYI, you cannot submit a waiver concurrently with your I-485 any longer. You must first be found inadmissible, then you can file the waiver.

Edited August 7, 2014 by Hypnos

[Pitaya 2,577]

Time to lawyer up.

[Natalia14 0]

*sigh* you guys just confirmed what I already knew. Now I'm even more emotionally stressed. We will consult several attorney and I hope and pray to God that this will get fixed. Thank you for your feedback!