Will I be denied

[geowrian 22,338]

7 hours ago, Lee1303 said:

Thanks. But how would the Consular know if I don’t tell him? I’m not using my husband’s name. It was a traditional one and I’m planing to to the legal one after I migrate to the US.

The DS-260 asks. The CO will very likely ask as well. That mindset of "how would they know" has gotten many, many people into irreparable circumstances.

 

2 hours ago, iwannaplay54 said:

The petition was automatically invalidated when you got married.  A subsequent divorce does not revive it.  You are ineligible to receive a visa.

Not true. A petition under F1 category would automatically switch to F3 upon marriage of the beneficiary.

[iwannaplay54 985]

42 minutes ago, geowrian said:

 

Not true. A petition under F1 category would automatically switch to F3 upon marriage of the beneficiary.

Why did I think the petitioner was a LPR?

 

Thank you for the clarification

[Zoeeeeeee 797]

Also, correct me if I’m wrong, if the OP lies on the DS260 and then lies to the embassy officer, if found out, is she not then facing a bar from entering the US...so it wouldn’t be like, have a go, lie and see if you get through and if not, rejoin the queue...it’d be game over, surely? Ergo, another reason to not even consider lying...

[geowrian 22,338]

34 minutes ago, Zoeeeeeee said:

Also, correct me if I’m wrong, if the OP lies on the DS260 and then lies to the embassy officer, if found out, is she not then facing a bar from entering the US...so it wouldn’t be like, have a go, lie and see if you get through and if not, rejoin the queue...it’d be game over, surely? Ergo, another reason to not even consider lying...

There's multiple issues if they make a material misrepresentation on the DS-260 OR interview (note: a mistake on the DS-260 that is corrected at the interview is different).

1) If caught, there is a permanent bar on any US visa. This is waivable via a hardship waiver from a qualifying relative (not the same as an eligible petitioner!), if approved. Although it still kills one's credibility in the future.

2) If not caught right away, in addition to the bar above, any immigration benefit obtained via that misrepresentation (visa, green card, and even naturalization) can be revoked.

Edit: Note that there is no time limit on either of the above

Edited August 18, 2019 by geowrian

[SusieQQQ 11,587]

12 hours ago, Lee1303 said:

Thanks. But how would the Consular know if I don’t tell him? I’m not using my husband’s name. It was a traditional one and I’m planing to to the legal one after I migrate to the US.

You’re happy to leave your husband behind forever, deprive your child of his father, and lie to immigration officials, risking a permanent ban, to do so? Wow.

(you can’t petition him later as you’ll be found out and your green card revoked if you try.)

Edited August 18, 2019 by SusieQQQ