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Full Version: Listed only one marriage on advise of attorney, now worried!
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

RachelRamos
My husband and went the DCF route and we were approved at first interview, now he is waiting for
2nd interview for his background check and to get a medical exams done, etc.
My question is this: Does the embassy actually do a background check on the petitioner (I am an American) or just my husband? The reason I ask is I have been married twice (this is third marriage now) but only listed
my last marriage and provided that divorce certificate. My attorney told me since I was married the second time I obviously was divorced and did not have to provide that information. Now I wondering
if that was okay and will they check and then deny the visa? I think my attorney gave me
bad information but not sure it really matters or not. I could give my husband my first marriage
certified divorce decree and have him try to explain what happened, or I can leave it alone and
hope they did not check. Any advise is appreciated?

Also, can anyone tell me during the 2nd interview what type of questions are asked. Are there
more relationship questions asked or is my husband done with that phase with the first interview
we had together?
aussiewench
Firstly.....bad advice from your lawyer as all marriage/divorces should of been disclosed. Failure to disclose a previous marriage can cause an issue but only if they became aware of it. Im not sure how I would handle it at this stage, sorry. What a crappy lawyer.

I'm honestly not 100% if security name checks are done on both the applicant and the USC at consulate with DCF. I do know that during the process through USCIS and NVC checks are done on both the petitioner and beneficiary. Only if there is a name hit within the various data bases that they use would there be an issue. The following data bases can be used at the discretion of the conof.......

Copied from the link within my signature

At Consular stage, there are three (3) Visa Security name checks done: CONDOR, MANTIS AND MORE ANOTHER NCIC (via CLASS)
[Consulate has option, if warranted, to run full gamut of checks, such as CCD (past visa applications & results), TIPOFF (DOS Bureau of Intelligence), NAILS (Nat'l Automated Immigration Lookout System), TECS II (Treasury Dept. database), TSC & TTIC (DOS Terrorist screening)].

CONDOR refers to a check done mostly of information supplied on Form DS-157, and focuses on visa applicants with a potential terrorist, firearms or weapons background. CONDOR in most cases should be completed in 90 days or less. If not, contact the VO Public Inquiry line at Tel: 202-663-1225 or usvisa@state.gov

MANTIS refers to when potentially sensitive technologies might be used by the visa applicant in her visit to the U.S. If the visa applicant might employ a "critical-fields" technology in the U.S. which could have a "dual-use" such military or national security application, this check will be done to screen out a high-risk applicant. Most MANTIS checks can be done in 30 days. If not, contact the SAO Problem Resolution Unit at saoinquiries@state.gov.

NCIC (via CLASS) refers to the name check procedure done by the Consulate with the NCIC criminal database at FBI. This procedure screens visa applicants by name to see if there is a "hit" with the criminal database: that is, a person in the criminal database has the same or very similar name to the visa applicant.
simple_male
What a crappy lawyer! What was wrong disclosing that you were married twice? You should have disclosed it and submitted both divorce decrees. It is always better to tell the truth up front. Now, it is hard to say whether they will find out that you are hiding your 2nd divorce. Sometimes you need to speak up when lawyer advises you to hide something.
bcmcfish
One possible idea is to give your husband the certificates. When he gets to the interview, if they ask about it he can provide the certificate and explain the situation. If they don't ask, then that's fine. You might want to include a letter from the lawyer to that effect.

It's one of those things where, if they ask, it's better to be prepared.
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