Serious situation and need every advice possible please

[Abdullah T 3]

Dears,

I have a serious situation and need every advice possible please

My wife petitioned for me IR1 visa and the case was approved by both USCIS and NVC this process was done through a law office in the states. My interview is after one week from now

I have a daughter from a second marriage that was terminated a year and a half ago that I didn’t list on any of my paperwork based on the advice of my lawyer he told I can petition for her after I finish my case

All along the process, I was not feeling comfortable at all about not listing my daughter on my paperwork, I decided to contact another lawyer who’s a relative of my good friend and he told me I was misled by the first layer and I should have listed her from the very beginning in all my paperwork.

 He told me that since I am at the interview stage the only way to correct this mistake is to bring it up to the counselor during my interview which I decided to do so

My questions are:

1.       What do you think will happen? Would they understand my situation and allow me to do the corrections on my DS-260? Can they actually unlock it?

2.       If they do so, what’s the process? and how long does it take?

3.       Would they withdraw my application so I can apply again from the beginning with the corrections?

 

God is my witness this was a honest mistake and I was totally mislead by my first lawyer, he also did other mistakes during the process including my name and my nationality

Looking forward for your kind advice

Thank you

[Ryan H 3,790]

8 minutes ago, Abdullah T said:

My questions are:

1.       What do you think will happen? Would they understand my situation and allow me to do the corrections on my DS-260? Can they actually unlock it?

2.       If they do so, what’s the process? and how long does it take?

3.       Would they withdraw my application so I can apply again from the beginning with the corrections?

 

Answers:

1. They will not understand or care and it is too late to correct these kinds of errors on the DS-260.  Incompetent lawyer or not, it is ultimately the responsibility of the petitioner and beneficiary to ensure everything is complete and accurate.
2. See above.
3. Withdrawing is an option.  However, when the time comes to refile you and the petitioner need to be prepared to explain why you went along with something you knew was false.

[Jeanne Adil 1,651]

Do u have any correspondence from 1st attorney to show his bad advice?

you can not just say it is a mistake when they say answer all questions truthfully and then the signature page actually is an oath that all questions are correct (to best informaiton)

but this is your 3rd marriage? that could also be an issue

2 or more divorces are

not to alarm u but all u can do at this point is to go to interview as it is in 2 weeks and tell what happened

the daughter should have been listed and applied for at the same time

and if u r successful at this interview and get the visa , u will need to do DNA and get release from her mother to bring her

[Gorkhali 213]

Yes you were misled, you should have had mentioned about kid since day 1 of your process. There would be two forms to be sent by your wife - one for u and another for ur daughter, that way both of u would get Visa / GC. Don't tell me that you didn't even mention about the divorce or earlier wife? 

 

1.       What do you think will happen? Would they understand my situation and allow me to do the corrections on my DS-260? Can they actually unlock it?

Your wife have to start two petition 

 

2.       If they do so, what’s the process? and how long does it take?

The visa for you is Cr1 or IR1 and for your kid is cr2 or IR2. Processing time is same as CR1

 

3.       Would they withdraw my application so I can apply again from the beginning with the corrections?

from my pov... go for interview.. explain the mistake.. they will deny ur visa and send it back to USCIS.. and USCIS will send a letter to your wife to either revoke or proceed with the visa.. while all this file for ur daughter.. and when ur file is again sent back to Embassy file the corrected DS260. This was u will save on ur visa fee.  

[Abdullah T 3]

11 minutes ago, adil-rafa said:

Do u have any correspondence from 1st attorney to show his bad advice?

you can not just say it is a mistake when they say answer all questions truthfully and then the signature page actually is an oath that all questions are correct (to best informaiton)

but this is your 3rd marriage? that could also be an issue

2 or more divorces are

not to alarm u but all u can do at this point is to go to interview as it is in 2 weeks and tell what happened

the daughter should have been listed and applied for at the same time

and if u r successful at this interview and get the visa , u will need to do DNA and get release from her mother to bring her

thank you for your reply, yes i have correspondence about the mistakes my lawyer did on my name and nationality

i will bring everything up in the interview

[Abdullah T 3]

11 minutes ago, Bunny&Ninja said:

Yes you were misled, you should have had mentioned about kid since day 1 of your process. There would be two forms to be sent by your wife - one for u and another for ur daughter, that way both of u would get Visa / GC. Don't tell me that you didn't even mention about the divorce or earlier wife? 

 

thank you for your reply and help, no i did not mention about this divorce because my lawyer said the US law doesn't recognize second marriages in the first place 

 

1.       What do you think will happen? Would they understand my situation and allow me to do the corrections on my DS-260? Can they actually unlock it?

Your wife have to start two petition 

 

2.       If they do so, what’s the process? and how long does it take?

The visa for you is Cr1 or IR1 and for your kid is cr2 or IR2. Processing time is same as CR1

 

3.       Would they withdraw my application so I can apply again from the beginning with the corrections?

from my pov... go for interview.. explain the mistake.. they will deny ur visa and send it back to USCIS.. and USCIS will send a letter to your wife to either revoke or proceed with the visa.. while all this file for ur daughter.. and when ur file is again sent back to Embassy file the corrected DS260. This was u will save on ur visa fee.  

when they send the case back to USCIS should she revoke the visa? or proceed? 

my wife is planing to apply for her as a step daughter 

 

[Gorkhali 213]

Oh, My Friend. U are seriously screwed. I do not have any knowledge to help you.

 

Try finding senior members like Ryan, Pushbark, Darnell and others. They have been here for way long time and supported many people and they may have some knowledge.

[Auds 223]

Your visa is not yet approved or stamped.  You still have hope.  Take new forms filled up to the interview and explain.  They will advise.

 

Daughter can always be petitioned later depending on age.  Just ensure she is mentioned wherver you are asked about children.  You may have misunderstood your lawyer.

 

it may or may not mean delays in yours but better now then later

 

Of course my assumption is you have mentioned all other marriages, divorces accurately and were not practicing bigamy.

Edited September 24, 2017 by Auds

[Lemonslice 4,553]

1 hour ago, Abdullah T said:

Dears,

I have a serious situation and need every advice possible please

My wife petitioned for me IR1 visa and the case was approved by both USCIS and NVC this process was done through a law office in the states. My interview is after one week from now

I have a daughter from a second marriage that was terminated a year and a half ago that I didn’t list on any of my paperwork based on the advice of my lawyer he told I can petition for her after I finish my case

All along the process, I was not feeling comfortable at all about not listing my daughter on my paperwork, I decided to contact another lawyer who’s a relative of my good friend and he told me I was misled by the first layer and I should have listed her from the very beginning in all my paperwork.

 He told me that since I am at the interview stage the only way to correct this mistake is to bring it up to the counselor during my interview which I decided to do so

My questions are:

1.       What do you think will happen? Would they understand my situation and allow me to do the corrections on my DS-260? Can they actually unlock it?

2.       If they do so, what’s the process? and how long does it take?

3.       Would they withdraw my application so I can apply again from the beginning with the corrections?

 

God is my witness this was a honest mistake and I was totally mislead by my first lawyer, he also did other mistakes during the process including my name and my nationality

Looking forward for your kind advice

Thank you

When you say "marriage was terminated"  - are you actually divorced?

[Boiler 43,425]

Did you list all your marriages and divorces?

[mallafri76 1,012]

Regardless of what the lawyer said, the forms are pretty clear with a yes or no answer to the question; do you have children.

 

So on the I-130 where it asks about the beneficiary’s family, did your wife just leave it blank or did she write no or not applicable?

 

Then on the DS-260, where it asks you if you have children, you answered no? It doesn’t ask whether or not the child/children are immigrating but simply if you have children.

 

You sign the forms under penalty of perjury. I even think the I-130 says you can get up to five years in prison for falsifying or concealing information. 

 

Which embassy are you going through? Someone like the US Embassy in Germany, might be a little more understanding than say a US Embassy in a MENA country.

 

I don’t know, I mean I think you’re getting awfully close to misrepresentation.

 

 

Edited September 24, 2017 by mallafri76

[Maryland 13]

Sorry u got bad advice. This happened to my sister she didn't mention a child From a previous marriage. And it came up in the interview....she got denied.

[pushbrk 12,104]

4 hours ago, Gorkhali said:

Oh, My Friend. U are seriously screwed. I do not have any knowledge to help you.

 

Try finding senior members like Ryan, Pushbark, Darnell and others. They have been here for way long time and supported many people and they may have some knowledge.

Pushbrk says, needs to visit the Schitt's Creek Paddle Company.  The problem is, it is also located in the USA.  The petitioner should have been adult enough to know not to lie.  So should the lawyer.  You didn't need to petition for the daughter now, but how would you petition for a daughter you already swore an oath didn't exist during your own process.  Crazy stuff.

[Going through 5,668]

5 hours ago, Abdullah T said:

thank you for your reply, yes i have correspondence about the mistakes my lawyer did on my name and nationality

i will bring everything up in the interview

They won't care about what your lawyer said or that he mislead you.  When you signed the form, you swore that everything listed was accurate and full information---it wasn't.  That's on you, not your previous lawyer.

[geowrian 22,335]

Agreed...you're in a bad situation now: marriage/divorce never mentioned, children never mentioned, etc. If you can get a new attorney to look at the case, you should so that. This is going to take a lot of explaining to the CO (and prayers).

Immigration does recognize multiple spouses in some circumstances (just only the first can be eligible for immigration benefits).

 

40 minutes ago, pushbrk said:

Pushbrk says, needs to visit the Schitt's Creek Paddle Company.  The problem is, it is also located in the USA.

 

Edited September 24, 2017 by geowrian