NOt disclosing previous marriage

[Missloneli 1]

Hello I need some advice so me and my fiancé got our noa2 approved and are now waiting for the interview. However the person who filled out our petition didn’t put the beneficiary’s previous marriage....what should we do we are stressed out. He’s no longer married. She we continue with the case ? Will they find out ? Or should we tell the consular officer? 

[geowrian 22,337]

* Moved from Progress Reports to Process & Procedures *

 

1) Was he still married at the time the I-129F was filed? If so, this is a very significant issue.

2) He must disclose the past marriage on the DS-160. The CO will likely notice the discrepancy and request the divorce certificate. The only unknown is whether that is the end of it or if the CO will send the I-129F back to USCIS as it was incorrectly approved due to the incorrect information on the petition and lack of required documentation to go with that.

Edit: Technically a misrep bar could come into play, but I'm personally doubtful of that if disclosed voluntarily (while negligent in verifying the accuracy of the I-129F before signing and sending it, I would find it hard to believe somebody would claim it was willful if disclosed on their own).

Edited February 6, 2019 by geowrian

[C90 376]

Just now, Missloneli said:

Hello I need some advice so me and my fiancé got our noa2 approved and are now waiting for the interview. However the person who filled out our petition didn’t put the beneficiary’s previous marriage....what should we do we are stressed out. He’s no longer married. She we continue with the case ? Will they find out ? Or should we tell the consular officer? 

Did you check the application before it was sent off? How is it that you find this out now? NOA2 takes a pretty long time.

Anyway, this is pretty bad. They will find out, he HAS to tell this to USCIS. If not, he'll be lying and prob will come inadmissible for any visa ever. They approved the petition based on the info you guys gave them. Since this is new info, there's a chance that they have to reconsider the application before sending it off to NVC. 

I would call USCIS first thing in the morning to figure out what to do. Maybe someone else on this forum has experience with this and can give you a more clear answer. Good luck in the rest of your journey, hope it all works out for you guys.

[Cyberfx1024 7,980]

42 minutes ago, Missloneli said:

Hello I need some advice so me and my fiancé got our noa2 approved and are now waiting for the interview. However the person who filled out our petition didn’t put the beneficiary’s previous marriage....what should we do we are stressed out. He’s no longer married. She we continue with the case ? Will they find out ? Or should we tell the consular officer? 

Who did you use to prepare all of this? I am asking this because this is a big oversight. 

[Cryssiekins 976]

Who filled the petition for you?

[SalishSea 17,847]

Even if you paid someone else to prepare it, you are still 100% responsible for the content of your petition, as evidenced by your signature.  

 

Not disclosing it will make things worse in the long run.  Does he have a final divorce decree?

[Ontarkie 14,234]

3 hours ago, Missloneli said:

Hello I need some advice so me and my fiancé got our noa2 approved and are now waiting for the interview. However the person who filled out our petition didn’t put the beneficiary’s previous marriage....what should we do we are stressed out. He’s no longer married. She we continue with the case ? Will they find out ? Or should we tell the consular officer? 

Did you not send in the divorce papers with the petition?  If you did then I'm sure they figured it out. If not then  you need to withdraw the petition. Not submitting the divorce papers at the time of filling will cause a denial at the interview. 

 

[Prizm123 1,086]

you can try to contact the consulate and have that documentation ready and let them know you forgot to add it, but you have the decree for them.

whatever you do, do not ignore it, and try to make it right before the interview. I do not know whether it will work, but if not disclosed it will be most likely an outright denial, you might have a chance if you talk to them and explain it was not intentional or that you just forgot to include it. Not sure how that will affect you though.

 

If it is still at NVC you might have a better chance of it being amended or corrected, but they may send it back to USCIS

[Missloneli 1]

3 hours ago, C90 said:

Did you check the application before it was sent off? How is it that you find this out now? NOA2 takes a pretty long time.

Anyway, this is pretty bad. They will find out, he HAS to tell this to USCIS. If not, he'll be lying and prob will come inadmissible for any visa ever. They approved the petition based on the info you guys gave them. Since this is new info, there's a chance that they have to reconsider the application before sending it off to NVC. 

I would call USCIS first thing in the morning to figure out what to do. Maybe someone else on this forum has experience with this and can give you a more clear answer. Good luck in the rest of your journey, hope it all works out for you guys.

The petition was prepaired by a woman who helps ppl with immigrant purposes. She was helping my mom get her citizenship and my mom referred me to her. My mistake was I didn’t check everything before sending it off. She just filled everything out and afterwards mailed it. When I recieved the noa1 I noticed my name and my fiancé’s names were both misspelled regardless of the fact that she had copies of our passports...so I was able to fix those. I told her about my fiancé’s pervious marriage but at the time he didn’t have the divorce decree with him but he had been divorced for 3 years. So we didn’t sent the decree with the petition so I thought we’d receive a RFE for it but we just got approved so that’s why I know she put single. 

[SalishSea 17,847]

9 minutes ago, Missloneli said:

The petition was prepaired by a woman who helps ppl with immigrant purposes. She was helping my mom get her citizenship and my mom referred me to her. My mistake was I didn’t check everything before sending it off. She just filled everything out and afterwards mailed it. When I recieved the noa1 I noticed my name and my fiancé’s names were both misspelled regardless of the fact that she had copies of our passports...so I was able to fix those. I told her about my fiancé’s pervious marriage but at the time he didn’t have the divorce decree with him but he had been divorced for 3 years. So we didn’t sent the decree with the petition so I thought we’d receive a RFE for it but we just got approved so that’s why I know she put single. 

Hmm........    I believe that lie may end up being worse than simply forgetting to include the decree.  

 

And why did you file without having all of the documentation at the time?  This is exactly the reason for the USCIS policy change to deny incomplete petitions, rather than RFE.

[Roel 7,192]

1. You absolutely need to disclose that. That's not even up to a debate. 

2. Divorce certificate needs to be presented. 

3. If this ever comes out and you decide to hide the previous marriage expect following things to happen: k1 being denied. Green card revoked. Naturalization denied. 

 

 

Also do not blame the person who prepared your petition. This is absolutely YOUR responsibility. 

[nastra30 2,287]

Can you clarify a bit by answering below questions what you mean by 'didn't put'?

 

What did you select for following in the petition?

Part 2, Information about beneficiary

6. Single. Married, Divorced or Widowed?

34. Has your beneficiary been previously married? Yes or No?

 

Did beneficiary have child from previous marriage?

 

Not disclosing previous marital status will give you big headache somewhere along your immigration journey.

 

Edited February 6, 2019 by nastra30