Enquiries

[Skyler04 0]

Can a your IR1 visa petition be denied based on this error??? 

[Skyler04 0]

Thus until the consular officer ask questions of my previous information provided on the previous DS160, I stay quiet??? Or before the interview starts its my duty to inform the consular officer???

[geowrian 22,338]

They likely will request evidence of dissolution of the previous marriage (i.e. divorce). At least that's what some others have faced that have done exactly the same.

 

You're not required to tell them anything except the truth when asked.

That said, they will see the old application and almost certainly bring the issue up.

[Skyler04 0]

Oh ok, thank you so much.

[Skyler04 0]

The previous F1 application was done in December 2016 and my interview was scheduled 5th January, 2017. But my marriage was on the 13th January, 2016. My husband was previously marriage but we have the divorce certificate and all which we used for the i130 petition. 

[Skyler04 0]

The whole Master's degree application started way back in 2015 and was given an offer early 2016. But the agent who helped in the whole process used information given him as at 2015 for the school's application to fill the DS160 form at the time and it never crossed my mind to check and give him update of my change in marital status and employment history until I recently joined Visa Journey and had to go back to log to the previous submitted DS160 and realized the errors that was made. Thank you.

[SalishSea 18,225]

14 minutes ago, Skyler04 said:

The whole Master's degree application started way back in 2015 and was given an offer early 2016. But the agent who helped in the whole process used information given him as at 2015 for the school's application to fill the DS160 form at the time and it never crossed my mind to check and give him update of my change in marital status and employment history until I recently joined Visa Journey and had to go back to log to the previous submitted DS160 and realized the errors that was made. Thank you.

Still, you're entirely responsible for ANY form filed on your behalf.  Saying that someone else used outdated info on your form just won't fly.  Never, ever sign something unless you can put your good name on its truth.

[Skyler04 0]

So the best answer should it come up durning my IR1 visa interview should be as we discussed previous, thus an error and proof it with my employment letter, payslips and tax returns from my home country with a written statement. But can that be grounds for me being denied the IR1 visa?

[Just Paul 4,595]

2 minutes ago, Skyler04 said:

can that be grounds for me being denied the IR1 visa?

Yes.  If the CO believes that you misrepresented yourself on the previous application you could be denied or even banned from filing again.   It does not matter if someone else helped or filled the forms out.   You signed the application under penalty of perjury and also took an oath at the previous interview.

 

Be honest with your answers.  Good luck

[Roel 7,193]

Yeah. I doubt it was a mistake and the wrong martial status was used on purpose. It's a common "advice" for Nigeria or Ghana to to do something like that in order to "increase" chances of visa. 

 

Let me guess. You were told to put single on your application because you were told having USC spouse will make it hard to get non immigrant visa. So you pretended to be single. 

 

Yes. You will have issues. 

Edited January 31, 2019 by Roel

[geowrian 22,338]

21 minutes ago, Skyler04 said:

...proof it with my employment letter, payslips and tax returns from my home country with a written statement.

The employment items aren't the biggest factor. it's the marital status.

 

21 minutes ago, Skyler04 said:

But can that be grounds for me being denied the IR1 visa?

If the CO believes you may have previously married and you cannot produce evidence that the marriage was terminated, then yes.

 

If the CO believes you made a willful, material misrepresentation, then yes. That's a permanent bar, but is waivable via an I-601 with "extreme hardship" to the petitioner.

The misrepresentation made was willful even if somebody else filled out the form on your behalf. Whether or not is was material is something the CO will have to determine. Probably not IMO because the visa was denied anyway, so the lie didn't impact the outcome.

[USS_Voyager 1,972]

6 hours ago, geowrian said:

The employment items aren't the biggest factor. it's the marital status.

Whether or not is was material is something the CO will have to determine. Probably not IMO because the visa was denied anyway, so the lie didn't impact the outcome.

Exactly my thought! The misrepresentation has to be willful, and is of material fact, meaning had the CO known you were married, it would alter the outcome, which it didn't. However,  if you get a CO on a bad day on your IR1 interview, he/she might slap a 6c1 on you anyway. 

 

Right now though, there is nothing against you. You do not start the interview with this. Let them ask the questions, and only answer the questions asked. If they start going down this road, you have to tell the truth of what happened. Maybe getting an affidavit from the agent who prepared the previous form and if he will attest to making a mistake. That's might be something. But again, do not volunteer anything until they ask. They might not ask about this at all. 

[John & Rose 7,239]

A potential misrepresentation from Ghana will be a tough hill to climb.  You will need to be completely honest going forward, that may include admission of the misrep.  That is a tough situation.  If you are caught in another lie OR the CO believes you are caught in another lie you will have a long road ahead of you.  

 

[TenderHearted 39]

19 hours ago, Skyler04 said:

Goodday, please my question is in 2017 I applied for an F1 visa and was denied. During the filling of the DS160 form which was done by an agent, I just realized there were errors with my marital status, employment history and others. My question is when filling the DS260 form which will be done by both my husband and I, will definitely declare I was denied and F1 visa on grounds of not having stronger ties with home country. Now my issue is if an issue of my marital status and others come up during my immigrant visa interview how do I go by it. What can of immigration do I give the consular that will be acceptable. Thank you so much.

What caused your K1 to be denied? Any possible link to your worries with the IR-1 you just filed? You need not only to be 100% honest in everything you fill in, but you need to make sure, to the best of your ability, that it is a completely accurate as possible. Doing that shows intent to legally immigrate w/o trying to commit any sort of fraud, plus it will probably save you an RFE, or something similar that will cause delays. This process is already long enough w/o problems popping up, so make sure you do EVERYTHING you can to provide 100% truthful, accurate info. Your conscience will also be clean, and that's another good point to doing things just so in this process.

[Skyler04 0]

It was an F1 visa (Student) application.