Fiancé forgot he was married before!

[pro_star 52]

Yeah, I've never heard of it used in terms of custody...but perhaps something was missing in translation there.

I'm sorry Kay, you'll do what you think right, but...

[callmekay 19]

Quit claim per page 2 of K1 visa.

It's was someone prior to the baby momma that he divorced from.

[I AM NOT THAT GUY 5,715]

Quit claim per page 2 of K1 visa.

It's was someone prior to the baby momma that he divorced from.

Interesting. I learned something.

[xgrnberet1 19]

Just a personal thinking, not inferring the OP, CallMeKay, is doing it. If a couple is committing immgration fraud, for whatever purpose, $$$ gain being one of them, they'd care less about what happens after the marriage. They're not in the game for that purpose! Their main concern is to get the passing pink slip at the CO stage.

My thought exactly , and intelligent analyzer will seen through it ,like hot knife through butter.

[clairegie 265]

She has obviously made up her mind and is willing to accept the consequences of overlooking her fiance's forgetfulness. Talking sense is futile. Thank you for reading our advices, remaining civil, and I hope you know that we all just want to protect you from a possibly painful ordeal. Since you clearly love him that much, I hope you are able to correct the information on your visa and have him with you soon. Best of luck to you and your fiance hun.

[MIDUVIL 34]

Wish you the best and as iammrsregi said thank you "for reading our advices, remaining civil, and........ordeal".

[Nich-Nick 3,353]

A problem I see with this is the validity of the petition approval.

It was approved by USCIS based on incorrect information and not providing a divorce decree. Information and documentation was withheld. The embassy/consulate stage is not USCIS. It falls under the Department of State, a separate agency.

An approved petition by USCIS is required before the State Department can consider a visa. So if that USCIS approval came based on a falsehood, wouldn't it have to be returned to the USCIS in the states to re-evaluate the petition? I don't think the Department of State (consulate) can merely write in new information on a USCIS document. It could even come back to bite you at the adjustment of status or citizenship stage if they discover discrepancies that a benefit was given based on false information and all previous benefits could be revoked.

Before continuing with the forms at the consulate level, I would go back to USCIS and speak to a Tier 2 asking, "If my petition approval was based on false information, is it still valid? Or do I need to present the new infomation to USCIS and wait for a second approval before continuing with the Department of State?"

[callmekay 19]

A problem I see with this is the validity of the petition approval.

It was approved by USCIS based on incorrect information and not providing a divorce decree. Information and documentation was withheld. The embassy/consulate stage is not USCIS. It falls under the Department of State, a separate agency.

An approved petition by USCIS is required before the State Department can consider a visa. So if that USCIS approval came based on a falsehood, wouldn't it have to be returned to the USCIS in the states to re-evaluate the petition? I don't think the Department of State (consulate) can merely write in new information on a USCIS document. It could even come back to bite you at the adjustment of status or citizenship stage if they discover discrepancies that a benefit was given based on false information and all previous benefits could be revoked.

Before continuing with the forms at the consulate level, I would go back to USCIS and speak to a Tier 2 asking, "If my petition approval was based on false information, is it still valid? Or do I need to present the new infomation to USCIS and wait for a second approval before continuing with the Department of State?"

Wouldn't DOS refer back to USCIS if needed? It wasn't false information. Technically at this time he is single and able to marry. We have the divorce decree and so forth. How do they check for prior unions? I know here in Louisiana the court of clerk runs a check to verify that no legal marriages are binding but for overseas?

From what I've read, it depends on the Interviewer as well. So at this point we shall wait and see what happens. No one here has been in this scenario and therefore all comments are assumptions.

USCIS has approved my petition and its already at the embassy. They are awaiting on my fiancé for further paperwork for packet 3. This is happening in VN so maybe other embassies does it differently? But I'll post in the VN forum to see if anyone has been in similar scenario.

How would they do it if a child was added on? I guess for me there's a first for everything.

[Boiler 43,762]

+1

Quitclaim deeds are in regards to property. It means they jointly owned something and she's given up her rights to it (happens in divorces all the time).

Sorry... I got confused about which one he remembered he was married to.

Quite understandable.

[Nich-Nick 3,353]

Wouldn't DOS refer back to USCIS if needed? It wasn't false information. Technically at this time he is single and able to marry. We have the divorce decree and so forth. How do they check for prior unions? I know here in Louisiana the court of clerk runs a check to verify that no legal marriages are binding but for overseas?

From what I've read, it depends on the Interviewer as well. So at this point we shall wait and see what happens. No one here has been in this scenario and therefore all comments are assumptions.

USCIS has approved my petition and its already at the embassy. They are awaiting on my fiancé for further paperwork for packet 3. This is happening in VN so maybe other embassies does it differently? But I'll post in the VN forum to see if anyone has been in similar scenario.

How would they do it if a child was added on? I guess for me there's a first for everything.

His biographic form G-325A

"Former Husbands or Wives (If none, so state)

Family Name (For wife, give maiden name "

So if he didn't put a name and put "None", it was falsely answered.

You can proceed anyway you wish. I was only sharing my thoughts and that I personally would be talking to a Tier 2 at USCIS, rather than a forum. It isn't about an embassy procedure really, but a question of is the petition approval still valid or does USCIS need to correct the error. Yes, the embassy could send it back to USCIS.

It's like if your high school transcript had an error on it, would your university cross it out and fix it or would you have to go back to the high school for the correction. They are separate entities that maintain separate records, even though both dealing with education.

When the officer handling your case for naturalization has every document you ever sent for immigration piled on his desk (and is charged with looking for discrepancies) see no former spouse on the petition and a former spouse on the visa application? Will he consider it misrepresentation? Will he deny citizenship or revoke the greencard? I really don't know the answer. I am just throwing out questions I have.

Edited August 30, 2013 by Nich-Nick

[callmekay 19]

His biographic form G-325A

"Former Husbands or Wives (If none, so state)

Family Name (For wife, give maiden name "

So if he didn't put a name and put "None", it was falsely answered.

You can proceed anyway you wish. I was only sharing my thoughts and that I personally would be talking to a Tier 2 at USCIS, rather than a forum. It isn't about an embassy procedure really, but a question of is the petition approval still valid or does USCIS need to correct the error. Yes, the embassy could send it back to USCIS.

It's like if your high school transcript had an error on it, would your university cross it out and fix it or would you have to go back to the high school for the correction. They are separate entities that maintain separate records, even though both dealing with education.

When the officer handling your case for naturalization has every document you ever sent for immigration piled on his desk (and is charged with looking for discrepancies) see no former spouse on the petition and a former spouse on the visa application? Will he consider it misrepresentation? Will he deny citizenship or revoke the greencard? I really don't know the answer. I am just throwing out questions I have.

I see where your concern may be. And I too wonder that as well. However I do plan on having an updated i129f form and the g325a forms for us when he goes to the interview and the letter of explanation that he was advised of to do by the lawyer. Hopefully with the updated forms and the letter of explanation, when we go further in the process it won't cause any complications.

[Anonymous885 44]

I changed my address through USCIS and you know what they did?, Surprisingly, they crossed my old address on I-129F and wrote with a pen for my new address. It looked a mess on my I-129F but who cares. I am not saying these issues are the same but somewhat similar.

Let Embassy figures out what to do to correct it and if they send back to USCIS, she/he has to accept that. There is nothing she can prevent it.

At this stage, I just hope you can go through this without any problem.

Good Luck.

[Alex&Amy 28]

It's kind of weird he didn't remember he was already married...For how long was he married?

I am sure there are many people who would like to forget they were married.

Funniest thing I've read on here in a long time.

[Nich-Nick 3,353]

I wasn't implying that the visa won't get sorted out. There is nothing wrong with being married before. And I don't think you will have to start over. I was only wondering if it will have to go through some formal procedure by USCIS or if the embassy will just ignore that part and carry on.

At least I wasn't complaining about your fiancé like most of the thread.

That is a separate issue and wasn't what you asked for.So not giving my opinion on that.

[luckme2013 0]

Light bulb isn't = to life. you need to change your way of thinking.