Is my mistake on F-1 visa a material misrepresentation?

[captainshei 0]

Hi all, my situation is this: 

 

I came to the US on a F-1 visa in 2012, studied for 6 years and graduated.

 

But on my F-1 visa, I put "married" as marital status but I was single at the time (my careless mistake). And now I'm scared that it is viewed as a material misrepresentation by the government.

 

Can you guys provide some advice/examples on what is a material misrepresentation and if my terrible mistake was one? Thanks.

Edited March 6, 2020 by captainshei

[milimelo 4,514]

What’s your basis for AOS? If married to a USC they may ask for divorce certificate based on what you put on your visa application (and yes, they have access to those files). 

[captainshei 0]

2 minutes ago, milimelo said:

What’s your basis for AOS? If married to a USC they may ask for divorce certificate based on what you put on your visa application (and yes, they have access to those files). 

I'm dating a USC yes and we are thinking of getting married. 

 

During the process, USCIS will look at my visa applications right? How can I explain that mistake then?

[Crazy Cat 41,985]

17 minutes ago, captainshei said:

Hi all, my situation is this: 

 

I came to the US on a F-1 visa in 2012, studied for 6 years and graduated.

 

But on my F-1 visa, I put "married" as marital status but I was single at the time (my careless mistake). And now I'm scared that it is viewed as a material misrepresentation by the government.

 

Can you guys provide some advice/examples on what is a material misrepresentation and if my terrible mistake was one? Thanks.

Yes, they can check your previous history.  There have been multiple cases here on VJ where the applicant has been asked to provide evidence that the marriage listed on the non-immigrant visa was legally terminated.  I have yet to see anyone post how they resolved the conflict.  It could be a serious problem. I, personally, would consult an attorney.

Edited March 6, 2020 by Lucky Cat

[Lil bear 4,261]

11 minutes ago, captainshei said:

 How can I explain that mistake then?

With great difficulty . 

[Sm1smom 254]

17 minutes ago, captainshei said:

Hi all, my situation is this: 

 

I came to the US on a F-1 visa in 2012, studied for 6 years and graduated.

 

But on my F-1 visa, I put "married" as marital status but I was single at the time (my careless mistake). And now I'm scared that it is viewed as a material misrepresentation by the government.

 

Can you guys provide some advice/examples on what is a material misrepresentation and if my terrible mistake was one? Thanks.

A “careless mistake”? Wasn't there a requirement to provide spouse’s information on the form when you selected “married” as your marital status? 

[captainshei 0]

15 minutes ago, Sm1smom said:

A “careless mistake”? Wasn't there a requirement to provide spouse’s information on the form when you selected “married” as your marital status? 

I'm sure that I didn't put in any spouse's information on the visa because I was (still am) single at the time...

 

Are you sure that if one ticks "married" in marital status box, the application will automatically ask for spouse's information? Because if it didn't ask me then perhaps I filled it out correctly...

Edited March 6, 2020 by captainshei

[Sm1smom 254]

6 minutes ago, captainshei said:

I'm sure that I didn't put in any spouse's information on the visa because I was (still am) single at the time...

 

Are you sure that if one ticks "married" in marital status box, the application will automatically ask for spouse's information? Because if it didn't ask me then perhaps I filled it out correctly...

To the best of my knowledge, there’s a required section for updating spouse’s information if one indicates married on the DS160 form. I could be wrong though - maybe that wasn’t the case back in 2011/2012? I don’t know. 
 

Do you have a copy of your submitted form though? Just wondering how you’re able to recall what marital status you indicated back then. 

[SalishSea 17,980]

1 hour ago, captainshei said:

Hi all, my situation is this: 

 

I came to the US on a F-1 visa in 2012, studied for 6 years and graduated.

 

But on my F-1 visa, I put "married" as marital status but I was single at the time (my careless mistake). And now I'm scared that it is viewed as a material misrepresentation by the government.

 

Can you guys provide some advice/examples on what is a material misrepresentation and if my terrible mistake was one? Thanks.

What was your reason for putting "married"?  If it really had been a careless, random mistake, I doubt you would even realize it now.

[geowrian 22,337]

What exactly was provided on the visa application? IIRC, selecting "MARRIED" opens up a field with their information to provide. Somebody can correct me if that's not right, but that's at least the way it's been for years.

I am unable to verify right now due to a technical issue (I swear it hates my IP address...).

 

I suggest lawyering up. If you marked married and you were single, and are applying for a benefit on the basis of marriage, you will be requested to provide evidence that the previous marriage was dissolved.

That's a catch 22 if you were never married, obviously.

Overcoming this hurdle is a big unknown...typically people who have been in that state do not post updates of how it was resolved.

A few people have said they provided a certificate of singleness, or local equivalent, although the counterargument is that no such document proves somebody did not marry. It only indicates there is no record of it by the authority that issued the document. For instance, I could almost certainly fly to [pick random country here] and marry there. If I were single in the US, the US would have no way to know about my marriage unless I told them.

 

There's also the issue of a potential misrepresentation bar that would need to be applied for and approved.

Edited March 6, 2020 by geowrian

[arken 4,197]

39 minutes ago, Jorgedig said:

What was your reason for putting "married"?  If it really had been a careless, random mistake, I doubt you would even realize it now.

I guess this falls in the category “too careless to put married, not too careless to not forget”.

 

looking at one of the sample DS160 from 2010, it does ask for marital status and it has boxes for father’s name, mother’s name and spouse’s name and addresses in the pages after that. so it’s likely OP not only put himself as married but provided some random name and address for the spouse (i’d have used my crush’s info if i were to do that).

 

Anyway, to the OP:

As already said, you will likely be asked to provide the divorce certificate from that marriage if you ever apply for GC as they have you as married in the system.

 

Out of lots of uncertainties, few could be:

1. They ask for divorce certificate and they deny you once you cannot provide one.

2. If your case survives till interview, you can tell them you misrepresented at the time, you need to look for the waivers after you get the bar from that.

Edited March 6, 2020 by arken

[geowrian 22,337]

27 minutes ago, arken said:

2. If your case survives till interview, you can tell them you misrepresented at the time, you need to look for the waivers after you get the bar from that.

Assuming the IO doesn't want the divorce certificate as well. Just because it survives to interview doesn't mean the IO will accept their answer.

[Boiler 45,759]

I assume they will issue a RFE for the Divorce Certificate, well that seems the normal response. I take you have a copy of your prior application that states Married?

[captainshei 0]

I just spent the last few minutes watching DS 160 instructions on Youtube. For those who claimed to be "married," in the FAMILY part the form asks for spouse's name and I definitely remember that I didn't input any information in this part of the form. Therefore, putting 1 and 1 together, I believe that I picked "single" as marital status.

 

 

[carmel34 3,646]

3 minutes ago, captainshei said:

I just spent the last few minutes watching DS 160 instructions on Youtube. For those who claimed to be "married," in the FAMILY part the form asks for spouse's name and I definitely remember that I didn't input any information in this part of the form. Therefore, putting 1 and 1 together, I believe that I picked "single" as marital status.

 

 

If this were me, I wouldn't base your lack of recall on a Youtube video.  Try to find your copy of the DS-160, or you could file a FOIA request with USCIS to find out for sure.  Good luck!