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

[captainshei 0]

4 minutes ago, carmel34 said:

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!

True.

 

But it does make sense though: "married" form will ask about spouse, "k1 visa and single" form will ask about fiance, "single" form only asks about parents.

 

How do I request my many-years-old DS 160? I can only file FOIA if I am a permanent resident which I am not... yet. Still doing OPT.

Edited March 7, 2020 by captainshei

[Sm1smom 254]

7 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.

 

 

An interesting development I have to say considering you previously posted about marking yourself as married on the F1 visa application form and wanted to know if it could be termed a misrepresentation.  I have to say it is highly unusual for someone to think they might have made such a “careless mistake”. Wondering what triggered this line of thinking?

[designguy 1,179]

3 hours ago, Sm1smom said:

An interesting development I have to say considering you previously posted about marking yourself as married on the F1 visa application form and wanted to know if it could be termed a misrepresentation.  I have to say it is highly unusual for someone to think they might have made such a “careless mistake”. Wondering what triggered this line of thinking?

Agreed

 

OP what triggered the thought? Most people wouldnt remember what they entered on the form 8 years ago. What is your nationality? Were you advised by an "Agent" to indicate you were married on the form?

[caliliving 606]

Did you check “married” knowing it would increase your chance of getting a F1 visa? You aren’t the first. Unfortunately you misrepresented yourself for an immigration benefit and yes. It is in writing and you will be asked about that when you file for a K1 or CR1 visa. 

[Crazy Cat 41,985]

This situation creates the problem of proving a negative.......it is very difficult, if not impossible to prove you were not married at the time of the F-1 application.  And if you somehow "prove it", it just verifies that misrepresentation took place for a benefit....a real troubling mistake.

[little immigrant 801]

26 minutes ago, Lucky Cat said:

This situation creates the problem of proving a negative.......it is very difficult, if not impossible to prove you were not married at the time of the F-1 application.  And if you somehow "prove it", it just verifies that misrepresentation took place for a benefit....a real troubling mistake.

 missileman I almost didn't recognize you

 

OP, please come back and tell us how you resolved this. 

[Besamiot 35]

18 hours 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.

I dont know of any exact same situation but I know of one where someone was "married " on a visitor visa t years prior to meeting their USC fiance. Never to fiance. I-129f was filed with no death or divorce certificate. Long story short, he saw confronted at his visa interview about it and visa denied due to no evidence of termination of previous marriage. So, yes, it is a misrepresentation. 

[SusieQQQ 11,587]

I’d also be surprised if an applicant had marked married for a student visa and it didn’t come up during the interview (seems natural to at least ask if the spouse will be applying F2,  or what the spouse thinks about principal being away so long). Interview notes are kept on file.

 

As others have said, we’ve seen a few similar cases here where people had to provide divorce papers on non existent marriages to proceed with US spouse visa. I don’t recall seeing any of them actually get resolved.

Edited March 7, 2020 by SusieQQQ

[mydas28 19]

On 3/6/2020 at 1:32 PM, 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.

How do you know that you put married on your F1 visa? The F1 Visa doesn't show your status anywhere. The only place that I can remember where you put your marital status is the DS-160 and you cannot just check married without giving the information of your spouse. So, I am very doubtful how you even remember that you checked your status as married. You have previously indicated that you do not have the DS-160, so if you are thinking along these lines, I am guessing that it was not an oversight at all.

 

As you had your F1 visa for 6 years since 2012, have you been issued another non-immigrant visa? 

If so, then you must have filled the DS-160 again and unless you checked married again (another "careless mistake"), the only proof to show that you were never married would be if you can get an affidavit from your home country court (in English or translated in english) indicating that you were never married. 

 

The second DS-160 and the affidavit should be proof enough to show that you were never married.

Edited March 9, 2020 by mydas28

[Crazy Cat 41,985]

7 minutes ago, mydas28 said:

The second DS-160 and the affidavit should be proof enough to show that you were never married.

That won't solve the problem that there was (possibly) misrepresentation during the F-1 application process........in addition, It is quite difficult to prove a negative.

[mydas28 19]

1 minute ago, Lucky Cat said:

That won't solve the problem that there was (possibly) misrepresentation during the F-1 application process........in addition, It is quite difficult to prove a negative.

I agree but oversights happen and there is always a way to correct them by providing notarized proof. In this case, if a court of law can provide that the OP wasn't married that should be a proof of OPs single status.

I am not saying that it will necessarily convince the USCIS/IO about the OPs intentions but it's a proof nevertheless.

 

@OP

I remember when I was getting my F1 visa ( in 2012) and the US embassy put in strict conditions on how they will screen a person and approve F1 visa. A lot of people had to give multiple interviews and sometimes switch cities to get the visa approved. If this "careless mistake" was a way to get your visa approved as suggested by a visa agent/adviser/consultant, then this would be termed as VISA FRAUD. Remember, USCIS will have copies and transcripts of the original Visa interview that you had at the US embassy when you first got your F1 visa. The IO for sure must have asked you about your spouse and recorded your answer.

[Boiler 45,769]

7 minutes ago, mydas28 said:

I agree but oversights happen and there is always a way to correct them by providing notarized proof. In this case, if a court of law can provide that the OP wasn't married that should be a proof of OPs single status.

I am not saying that it will necessarily convince the USCIS/IO about the OPs intentions but it's a proof nevertheless.

 

@OP

I remember when I was getting my F1 visa ( in 2012) and the US embassy put in strict conditions on how they will screen a person and approve F1 visa. A lot of people had to give multiple interviews and sometimes switch cities to get the visa approved. If this "careless mistake" was a way to get your visa approved as suggested by a visa agent/adviser/consultant, then this would be termed as VISA FRAUD. Remember, USCIS will have copies and transcripts of the original Visa interview that you had at the US embassy when you first got your F1 visa. The IO for sure must have asked you about your spouse and recorded your answer.

In what circumstances does a Court of Law certify that somebody has never been married.

 

How would they be able to obtain the evidence needed to come to such a determination.

 

 

[mydas28 19]

4 minutes ago, Boiler said:

In what circumstances does a Court of Law certify that somebody has never been married.

 

How would they be able to obtain the evidence needed to come to such a determination.

 

 

You have to get a marriage licence which unlike US (from DMV office) is issued by a court of law in most countries to get married. Without the licence, it is just an overpriced party and not a wedding.

[Boiler 45,769]

Just now, mydas28 said:

You have to get a marriage licence which unlike US (from DMV office) is issued by a court of law in most countries to get married. Without the licence, it is just an overpriced party and not a wedding.

You have not answered the question, why does it matter who issues it, how are they able to know that you have never been married before?

[Sm1smom 254]

13 minutes ago, mydas28 said:

I agree but oversights happen and there is always a way to correct them by providing notarized proof. In this case, if a court of law can provide that the OP wasn't married that should be a proof of OPs single status.

I am not saying that it will necessarily convince the USCIS/IO about the OPs intentions but it's a proof nevertheless.

Considering one is required to provide spouse’s info if the selected marital status is “Married” - that section can’t be left blank, how is a court of law supposed to provide a notarized proof indicating OP wasn’t indeed married considering the spousal information OP must have provided? How is the fact that spouse’s information was put on the form an “oversight”? How is such a document able to overcome the misrepresentation in this case?