USC lied on application

[justanother 0]

Does USCIS check the USC's application? What if he was previously married but claimed he was not because he did not have a divorce certificate.

Its a mess as if he was not free to marry he is a bigamist, but is his *wife* too? The legal implications are that the AOS was applied for illegally. The wife is stressed out, and not sure where to go for help

[TracyTN 237]

Indeed, they likely DO check the USC's marital status. But if the USCIS did not catch his lie, it does still put the current wife in a precarious situation, as their marriage is not legal (as you suggest).

I would suggest a consultation with a qualified immigration attorney and see what her options are. If she was duped by him, I would think she has a legal leg to stand on as far as her status - but no way I'd rely on a hunch for that. Let a legal professional tell her that for sure.

[baron555 934]

Does USCIS check the USC's application? What if he was previously married but claimed he was not because he did not have a divorce certificate.

Its a mess as if he was not free to marry he is a bigamist, but is his *wife* too? The legal implications are that the AOS was applied for illegally. The wife is stressed out, and not sure where to go for help

Tell the guy to get off the couch and contact the county where the divorce was filed. He CAN get a certified copy of the divorce certificate from them.

Then be ready to tell your sorry tale at the AOS interview.

She ought to ensure that he does this.

[TracyTN 237]

Even if he gets the divorce now, doesn't it still make her entry essentially illegal - if her visa was issued either on the assumption they were legally married (K3/CR1-IR1) or were both free to marry (K1)?

ETA: there's also a disclaimer at the bottom of most immigration forms below the signature block that you certify, under penalty of perjury, that the information contained on the form is true. So the USC has opened himself up to that for sure.

Edited July 7, 2009 by TracyTN

[Chica Yeyé 41]

My guess is that the USC was divorced but did not have the certificate, right? Otherwise their marriage is non-existant.

[JeremyR 8]

I read the OP as saying that the USC isn't divorced since it talks about bigamy

Nobody is so stupid as to lie on a petition rather than get a $10 copy from the vital stats office... are they?

Edited July 7, 2009 by JeremyR

[Chica Yeyé 41]

I read the OP as saying that the USC isn't divorced since it talks about bigamy

Nobody is so stupid as to lie on a petition rather than get a $10 copy from the vital stats office... are they?

You would be surprised

[JeremyR 8]

You would be surprised

Actually, you're right

[TracyTN 237]

Yeah, I thought the OP meant NOT divorced (instead of just a missing document). Two very different kettles of fish.

[Chica Yeyé 41]

Yeah, I thought the OP meant NOT divorced (instead of just a missing document). Two very different kettles of fish.

Yup.

If NOT divorced, he knowingly tried to commit not only immigration fraud, but a host of other things, like obviously bigamy, yada yada yada. NOT a pretty picture The dude is in for the ride of his life.... and not a nice one.

[JimVaPhuong 4,863]

Methinks that "justanother" is "justanothertroll".

[sjr09 155]

Even if he gets the divorce now, doesn't it still make her entry essentially illegal - if her visa was issued either on the assumption they were legally married (K3/CR1-IR1) or were both free to marry (K1)?

ETA: there's also a disclaimer at the bottom of most immigration forms below the signature block that you certify, under penalty of perjury, that the information contained on the form is true. So the USC has opened himself up to that for sure.

[Peace be still 6]

Methinks that "justanother" is "justanothertroll".

[Jonara 0]

"Troll" I see this word a lot... what does it mean?

[English Muffin 59]

"Troll" I see this word a lot... what does it mean?

Google is your friend. http://en.wikipedia.org/wiki/Troll_(Internet)