Serious advise needed for complication on application

[Joy-girl 3]

Hi all, I am new to visa journey and need your advise.  My fiancé and I got applied for a fiancé visa in January and received the NOA1 later that month. We have been waiting for the next step in the process but decided that it will be nice for him to be at my graduation in a few weeks. So we applied for a visitor's visa and he was denied. It looks like the issue was a confusion on his marriage status. A few years back, maybe 4 years, while he was engaged  to be married to someone else who was local with him and he was planning on coming to the US for a business trip. He applied for a visa then and put that he was married because the traditional process was already started, he stated that he was married. The relationship ended and since, there was no formal/western marriage, we decided to apply saying that he has never been married but explain if asked.

My concern is how this may affect the 1-129 application. Should I write a note or give an update to the USCIS here explaining the confusion so it doesn't create a problem down the line? Will it help? Another option may be to close the fiancé visa application, get married abroad and start all over by applying for a spousal visa.

What are your thoughts? Are there other options that have  worked for others in similar situation?

 

Thanks a lot in advance.

[Jojo92122 1,924]

You can not send a note or an update to USCIS.  You will have to deal with it down the line.

 

Getting married and applying for a spousal visa does not erase his prior denial.  

 

This is an issue that you will have to deal with at the interview.

[Roel 7,193]

Worst care scenario: they will either want a divorce certificate (since he stated in the legal document that he's married) or some proof that he's free to marry.

 

Going via the spouse visa will end up the same - explain the married/never been married thing.

[Jojo92122 1,924]

Was the confusion about his marital status discussed at his denied visitor visa interview?  Or are you assuming this because of the denial?  If it wasn't specifically mentioned, his denial would be just another denial for having a USC boyfriend/girlfriend.

Edited April 27, 2017 by Jojo92122

[Ben&Zian 4,398]

Like Jojo said, if they denied it because of the conflicting records, he needs to address and correct this (if he can), otherwise this could be seen as a lie on the application which could be bad news for him and any visa to the US.

[NigeriaorBust 4,087]

 Very common in Africa to get K1/CR1 denials over not being able to show a dissolved marriage  from one  claimed on a visitors or student application

 

[Joy-girl 3]

Thanks all. I agree that an explanation is needed. The question is the timing and how to do it.  How do we go about explaining? Should I call the USCIS and explain or send an update or should we wait for them to request for clarification?

Thanks

[Peot 162]

Unless they ask for clarification, I wouldn't even bring it to their attention to be honest....

 

If they DO bring it up, then you can try to find ways of setting the record straight. A signed document stating that you are legally able to marry SHOULD be good enough. You can also show tax returns claiming "single" status, or similar evidence.

[freshheir 6]

What I would recommend is be sure that you have all the documentation he needs to sort out exactly what his marital status was then, through the incident, and afterward. If you're worried that his documentation and evidence wouldn't be enough or isn't clear, the I-129 allows descriptions and additional information/breakdowns about what you are inputting. I would assume that, similar to how you may need to attach an additional page to elaborate how you met (they give you enough room for about 5 words there??), you can do so to elaborate on this instance.

 

For example, in the I129 Form I submitted at question 34.A it asks to describe how we met. In the blank I wrote "See attached supplement sheet, at the end of the I-129F form". As a header for my attached page I said "Supplement Form; I129F Question 34.A". 

 

In your instance, there isn't a spot to indicate there is an attached page, but they will definitely see it there. It's a good idea to include a sort of table of contents for your I129F anyway, so you can include the supplement page on that as well to be sure they get to look at it. Then you can write all you want to help clarify the situation.

[Jojo92122 1,924]

Once again, you wait for them to address it.  You can not call, send a note, or do anything to update the case at this point.