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

[Sm1smom 254]

Keyboard warrior skills? 🤣😂 Resorting to insults and name calling when shown the discrepancies in your posts is not nice. 

[Mollie09 1,543]

28 minutes ago, mydas28 said:

I get what you're trying to say. It was just a suggestion to add definitive proof of not being married.

 

But again, I do not believe OPs claim.

I'm from one country, my husband is from another, and we got married in a third. None of those is the US, so there is no record in my country of birth, or his, or the country where we both reside, that we are married.

[Crazy Cat 41,985]

1 minute ago, Mollie09 said:

I'm from one country, my husband is from another, and we got married in a third. None of those is the US, so there is no record in my country of birth, or his, or the country where we both reside, that we are married.

Bingo!  This is a great example.......proving a negative is extremely difficult......

[geowrian 22,337]

38 minutes ago, mydas28 said:

I get what you're trying to say. It was just a suggestion to add definitive proof of not being married.

Say I'm single and live in France (I'm not but just assume it for now).

I go to Germany and marry.

I return home to France.

I file a DS-160 as married. I get the visa.

Around 8 years later I marry a USC within the US (by claiming to be single on the marriage license).

 

How does a notarized affidavit, court document, etc. from France or the US "definitively prove" that I was not married?

How does the CO know if I was lying before or I am lying now? All he "definitively" knows is I claimed under threat of perjury that I was previously married.

The burden is now on me to show that I was not married at the time of the US marriage. Just me saying so is not compelling evidence (as the BIA has ruled in several cases). A court document only covers the jurisdiction by the issuing authority.

Edited March 9, 2020 by geowrian

[SusieQQQ 11,587]

1 hour ago, mydas28 said:

 the affidavit should be proof enough to show that you were never married.

A couple of other threads of people trying to get fiancé or spouse visas after previously claiming they were married on non immigrant visas show that this statement is absolutely not true. 

[SusieQQQ 11,587]

1 hour ago, 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.

This discussion is irrelevant in the case of a pretend marriage to get a visa, but FYI most is not all. We never got a marriage license and we are very definitely married. Never mind the fact of destination weddings in third countries etc.

Edited March 9, 2020 by SusieQQQ