Lying on petition

[Kehinde 45]

5 minutes ago, African Zealot said:

That’s not correct. Anyone you petition for whether as a fiancé or spouse etc. Lying is a bad idea for several reasons including the fact that it leads to bans when discovered, the probability of discovery is very high, plus it’s against our terms of service here.

 

Just be honest that you previously filed for someone, you’re not the first nor will you be the last.

Ok I have decided against it and I put the truth on the petition, now I'm wondering do I need to send in an explanation of the failed marriage or should I wait for them to ask?

[African Zealot 1,456]

2 minutes ago, Kehinde said:

Ok I have decided against it and I put the truth on the petition, now I'm wondering do I need to send in an explanation of the failed marriage or should I wait for them to ask?

No need to volunteer information they haven’t asked for unless you strongly believe it is in your favor to do so. Sit tight and wait

[Kehinde 45]

Just now, African Zealot said:

No need to volunteer information they haven’t asked for unless you strongly believe it is in your favor to do so. Sit tight and wait

Ok thanks

 

[laylalex 7,300]

Why would you NOT put this down, beyond the fact that you would be jeopardizing the success of your petition? Are you trying to hide it from your fiance? If you are, consider this -- would you rather explain it to your fiance on your terms, or have the information sprung on your him during the visa interview? This is the sort of thing they ask about -- did you know your fiancee was previously married? I mean, you have to prove the prior marriage was terminated with your divorce decree. It's part of the petition.

 

If you haven't had the discussion yet, figure out how to do it soon. Communication and trust are the bedrock of any healthy marriage. Best of luck to you, and you're doing the right (and only) thing by disclosing your first marriage on the petition. If I could forget about my first, I would too!  

[SalishSea 18,170]

15 hours ago, Kehinde said:

If I answer yes I have filed for someone in the past and our marriage failed will they hold that against me?

 

"If you answer yes"??   Do you really think you can lie about that, and successfully bring someone else over?   WOW.

[SalishSea 18,170]

1 hour ago, Kehinde said:

I think that only applies to fiance visas. I don't know where he is. He probably is back home in his country.

You think wrong.  Whoever signed that I-864 is still on the hook.

[pushbrk 13,139]

Put all ideas of anything untruthful out of your mind.  If your previous petition ended in a failed marriage, it's those actual circumstances that will determine whether it's a negative factor in any current process.  YOU are the one that knows the facts.  Make your own judgment about explaining it in advance, but explain it with the TRUTH.

[ishatu 45]

1 hour ago, Jorgedig said:

You think wrong.  Whoever signed that I-864 is still on the hook.

How can they still be responsible if they don't even know where he is? I even heard that he has remarried.

[ishatu 45]

1 hour ago, pushbrk said:

Put all ideas of anything untruthful out of your mind.  If your previous petition ended in a failed marriage, it's those actual circumstances that will determine whether it's a negative factor in any current process.  YOU are the one that knows the facts.  Make your own judgment about explaining it in advance, but explain it with the TRUTH.

I have decided to wait until they ask for it.

[ishatu 45]

2 hours ago, laylalex said:

Why would you NOT put this down, beyond the fact that you would be jeopardizing the success of your petition? Are you trying to hide it from your fiance? If you are, consider this -- would you rather explain it to your fiance on your terms, or have the information sprung on your him during the visa interview? This is the sort of thing they ask about -- did you know your fiancee was previously married? I mean, you have to prove the prior marriage was terminated with your divorce decree. It's part of the petition.

 

If you haven't had the discussion yet, figure out how to do it soon. Communication and trust are the bedrock of any healthy marriage. Best of luck to you, and you're doing the right (and only) thing by disclosing your first marriage on the petition. If I could forget about my first, I would too!  

My husband knows that I was previously married to a foreigner. And of course I know that my divorce decree is needed, that one of the documents they ask for. You know this is not my first rodeo.

[SalishSea 18,170]

23 minutes ago, ishatu said:

How can they still be responsible if they don't even know where he is? I even heard that he has remarried.

There are very specific criteria for the conditions of the I864 ending.   Remarrying is not one of them.

[powerpuff 6,748]

27 minutes ago, ishatu said:

How can they still be responsible if they don't even know where he is? I even heard that he has remarried.

It doesn't matter. The text is plain and clear on the I-864 which the sponsor (you) signed:

 

"If you sign Form I-864 on behalf of any person (called the intending immigrant) who is applying for an adjustment of status to a lawful permanent resident, and that intending immigrant submits Form I-864 to the US Government with his or her application for an immigrant visa or adjustment of status, under INA section 231A, these actions create a contract between you and the US Government. 

 

If an intending immigrant becomes a lawful permanent resident in the United States based a on Form I-864 that you have signed, then, until your obligations under Form I-864 terminate, the US Government may consider (deem) your income and assets as available to that person, in determining whether he or she is eligible for certain Federal means-tested public benefits and also for state or local means-tested public benefits

 

 

If you do not provide sufficient support to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, that person may sue you for this support. If a Federal, state local, or private agency provided any covered means-tested public benefit to the person who becomes a lawful permanent resident based on a Form I-864 that you signed, the agency may ask you to reimburse them for the amount of the benefits they provided. If you do not make the reimbursement, the agency may sue you for the amount the agency believes you owe. If you are sued, and the court enters a judgement against you, the person or agency that sued you may use any legally permitted procedures for enforcing or collecting the judgment. You may also be required to pay the costs of collection, including attorney fees."

 

Your obligations terminate when the intending immigrant: 

1. A. Becomes a US Citizen;
2. B. Has worked, or can receive credit for, 40 quarters of coverage under the Social Security Act;
3. C. No longer has lawful permanent resident status and has departed the United States;
4. D. Is subject to removal, but applies for and obtains, in removal proceedings, a new grant of adjustment of status, based on a new affidavit of support, if one is required; or
5. E. Dies.

NOTE: Divorce does not terminate your obligations under Form I-864.

 

As you can see, it doesn't really matter if you're not in contact or you don't know where he lives or that he's remarried. Even the fact that you divorced doesn't end your legal obligation. 

Edited August 28, 2021 by powerpuff

[SalishSea 18,170]

7 minutes ago, ishatu said:

I have decided to wait until they ask for it.

Ask for what?

[SalishSea 18,170]

5 minutes ago, ishatu said:

My husband knows that I was previously married to a foreigner. And of course I know that my divorce decree is needed, that one of the documents they ask for. You know this is not my first rodeo.

For it being “not your first rodeo,” you’ve got a surprising  number of misconceptions about the process.

[mushroomspore 3,044]

1 hour ago, ishatu said:

How can they still be responsible if they don't even know where he is? I even heard that he has remarried.

Please show us where it says on the I-864 that petitioners are no longer responsible for the financial obligations if the petitioner does not know where the immigrant is and/or the immigrant remarries. 

55 minutes ago, ishatu said:

My husband knows that I was previously married to a foreigner. And of course I know that my divorce decree is needed, that one of the documents they ask for. You know this is not my first rodeo.

If it's not your first rodeo, then you'd know that whoever signed the I-864 for marriage #1 is still on the hook for the immigrant.