intent to revoke notice

[arken 4,197]

34 minutes ago, Kabir Ishola said:

I told her I didn’t have it with me at the time of my interview I told her I need to go court to pick up it. because I didn’t put it on my application that I’m married that why the CO send my application back to uscis

•  

Ah now its clear. From i130/i130A all the way to DS260, the answer was NO to question if you were previously married. At least the documents isn’t saying anything about that you lied.

 

Since the reason is just about termination of prior marriage, provide the response accordingly with a copy of the divorce decree/document. USCIS could approve it and send back to the embassy for another round of interview which they may approve you the visa or can again deny you for lying originally in the petition. USCIS could also deny your response. Good luck.

[nastra30 2,003]

7 minutes ago, Kabir Ishola said:

I didn’t lie in my B visa application I was married at the time of B visa application but he was raditional married because the said is not legally married to me that why he didn’t put it on my petition 

Actually, didn't say you lied. I'm basically saying you are in a better shape because there was no lie. You just have to sort it out with the right evidence when USCIS gets the petition back.

[SalishSea 16,825]

20 minutes ago, Kabir Ishola said:

I know is my lawyer because I told him I was married before and he didn’t put it on my petition that I was married before because he think traditional marria is not a married that what happened 

Lawyer or no lawyer, visa applicants and petitioners are 100% responsible for the accuracy of their documents.

[Kabir Ishola 5]

8 minutes ago, nastra30 said:

Actually, didn't say you lied. I'm basically saying you are in a better shape because there was no lie. You just have to sort it out with the right evidence when USCIS gets the petition back.

I know thank you so much 

[carmel34 3,532]

35 minutes ago, Kabir Ishola said:

I know is my lawyer because I told him I was married before and he didn’t put it on my petition that I was married before because he think traditional marria is not a married that what happened 

Another example of lawyers screwing up the process....

[carmel34 3,532]

28 minutes ago, Kabir Ishola said:

I didn’t lie in my B visa application I was married at the time of B visa application but he was raditional married because the said is not legally married to me that why he didn’t put it on my petition 

Did you tell your second wife that you had been married before, and divorced from your first wife?  She filed the petition, not you.  A bigger issue may be regaining the trust of your current wife if you withheld this information from her.  Was the attorney in the US or in your home country?

[Kabir Ishola 5]

32 minutes ago, arken said:

Ah now its clear. From i130/i130A all the way to DS260, the answer was NO to question if you were previously married. At least the documents isn’t saying anything about that you lied.

 

Since the reason is just about termination of prior marriage, provide the response accordingly with a copy of the divorce decree/document. USCIS could approve it and send back to the embassy for another round of interview which they may approve you the visa or can again deny you for lying originally in the petition. USCIS could also deny your response. Good luck.

Yes I know my lawyer he didn’t put it on the DS260 because he think my ex wife is not legally married to me because is traditional marriage 

[Kabir Ishola 5]

9 minutes ago, carmel34 said:

Did you tell your second wife that you had been married before, and divorced from your first wife?  She filed the petition, not you.  A bigger issue may be regaining the trust of your current wife if you withheld this information from her.  Was the attorney in the US or in your home country?

Yes I told her and she know about that the attorney is my wife attorney 

[Timona 3,953]

I really do not understand  why some people  say traditional marriage  is not marriage.  Then why are you keeping  someone's daughter? If it's not a marriage,  then you should  be open to her sleeping  with anyone. Right? 

 

Bottom line. Marriage is marriage. There is nothing  like keeping someone's daughter and enjoying  fruits till you meet someone else.

[geowrian 22,336]

Solution/Response to the marriage issue seems pretty simple: send the evidence of the marriage being terminated. You have that now, so you can send it now.

 

That said, be wary that if/once the petition is reaffirmed, the CO may issue a misrepresentation bar for claiming not to have been married when you were. An I-601 may be required. Be prepared in case that happens.

 

2 hours ago, Kabir Ishola said:

I know is my lawyer because I told him I was married before and he didn’t put it on my petition that I was married before because he think traditional marria is not a married that what happened 

2 hours ago, Kabir Ishola said:

Yes I know my lawyer he didn’t put it on the DS260 because he think my ex wife is not legally married to me because is traditional marriage 

I understand what you're saying. That said, you're the one ultimately responsible for what's on the forms (the petition for the I-130 and beneficiary for the DS-260). What somebody else put has no impact on how an IO or CO will address it.

[John & Rose 7,237]

22 minutes ago, geowrian said:

That said, be wary that if/once the petition is reaffirmed, the CO may issue a misrepresentation bar for claiming not to have been married when you were. An I-601 may be required. Be prepared in case that happens.

This is what I thought too.  Misrepresentation on all of the papers and admitting the lie during reaffirmation is going to be challenging.  The location doesn't help either.  Best of luck to the OP.  

[USS_Voyager 1,971]

5 hours ago, geowrian said:

That said, be wary that if/once the petition is reaffirmed, the CO may issue a misrepresentation bar for claiming not to have been married when you were. An I-601 may be required. Be prepared in case that happens.

 

That is certainly a possibility though however OP’s defense will be it was not willful. The misrepresentation has to be willful and of a material fact. I think that is valid as I believe OP truly believed that “traditional marriage was not real marriage”. However, that is too thin of a defense to bet his entire future on it. There gotta be a way to fix this, given the pettition is back at USCIS at this time.

 

 

7 hours ago, Kabir Ishola said:

Yes I told her and she know about that the attorney is my wife attorney 

OP, I am not suggesting you have to do this. The following is just my opinion of what I would do if I were in your shoes, and you have to act very fast, because the NOIR will have to be answered by the deadline. I would ask the wife to get a second lawyer and the second lawyer needs to answer the NOIR on her behalf. The second lawyer needs to state that the first lawyer was incompetent and made a mistake by not disclosing the “traditional marriage” of the beneficiary (you, OP) on the I-130 even after the beneficiary told him about the marriage. Therefore the misrepresentation was not willful. The second lawyer then needs to ask USCIS to allow the petitioner to amend the I-130 to include the first marrige and subsequent divorce of the beneficiary persuant to documentary evidence of the same. That is how I would do it.

 

Again, that is just my opinion. OP, you and your wife can decide how you both will proceed.

[geowrian 22,336]

6 minutes ago, USS_Voyager said:

That is certainly a possibility though however OP’s defense will be it was not willful. The misrepresentation has to be willful and of a material fact. I think that is valid as I believe OP truly believed that “traditional marriage was not real marriage”. However, that is too thin of a defense to bet his entire future on it. There gotta be a way to fix this, given the pettition is back at USCIS at this time.

It's certainly an argument. Would it prove successful? That's not something I think anybody here can know beforehand, hence why I said there may be a misrepresentation bar. Better to be prepared and know that it may come up than not see it coming. haha

 

Edit: The "fix", if they believe it is willful, is an I-601.

Edited March 2, 2019 by geowrian

[EM_Vandaveer 2,370]

self-deleted 

Edited March 2, 2019 by EM_Vandaveer

[kris&me 572]

22 hours ago, Kabir Ishola said:

Thanks for your advice, at the time I applied for my B2 visa, I was married, and it was a traditional marriage and when my present wife filed for me, I made my lawyer understand that I was married traditionally but I doesn’t matter, that traditional marriages doesn’t count and that was the mistake from my lawyer. When I went for the interview, the consular made me understand that marriage is marriage no matter if traditional or not that I have to provide a proof that I am no longer in marriage with my ex but could not produce it on that day, so i was asked to provide the divorce document Because I told her I have to go to court to request for it cause since the verdict was give I did not got go and collect the divorce papers yet cause my lawyer told e it wasn’t necessary then but I went to pick it up afterwards and I have it with me now. 

anytime a marriage must be dissolved in a court,  it was a true marriage

 

immigration instructions are always available on the government site so you can look up what documents are needed for each and every stage of the process

the following is posted on 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-5-collect-suppo

If you were previously married, you must obtain evidence of the termination of EVERY prior marriage you have had. Your evidence must be an original or certified copy of one of the following documents:  FINAL legal divorce decree, death certificate, or annulment papers.

• Send a photocopy of your marriage termination document(s) to NVC.
• Bring the original termination document(s) plus a photocopy to your visa interview at the U.S. Embassy or Consulate.