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Is my mistake on F-1 visa a material misrepresentation?

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Filed: AOS (apr) Country: India
Timeline
Just now, Boiler said:

You have not answered the question, why does it matter who issues it, how are they able to know that you have never been married before?

*facepalm*. because it is a government record that can be accessed by a judge/registrar. i thought that was implied.

ROC

Filing date: April 21, 2022

USCIS Received: April 25, 2022

NOA1 Date: April 27, 2022 

Credit Card Charged: April 27, 2022

NOA1 received: May 3, 2022   

 

Concurrently filed I-130/131/485/765

F1: May 22, 2012

H1B: Oct 01, 2017

Got Married: June 22, 2019

Sent packets: Aug 06, 2019
USCIS Received Package: Aug 10, 2019
Notification in text/email: August 12, 2019
Credit Card Charged: August 12, 2019
NOA 1 Mail: August 16, 2019
Biometric: September 12, 2019 

RFIE: Oct. 05, 2019 
Sent back RFIE response: Oct 15, 2019

RFIE received: Oct 18, 2019

Case ready to schedule interview: Feb 13, 2020

EAD & AP approved and card being produced: Feb 24, 2020

EAD/AP Card was sentMar 05, 2020

EAD/AP Card was deliveredMar 07, 2020

AOS Approved & Card being produced (NO interview): July 17, 2020

Card Received: Aug 31, 2020

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Filed: K-1 Visa Country: Wales
Timeline
3 minutes ago, mydas28 said:

*facepalm*. because it is a government record that can be accessed by a judge/registrar. i thought that was implied.

Presumably they can only check their own records?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: India
Timeline
1 minute ago, Sm1smom said:


Considering one is required to provide spouse’s info if the selected marital status is “Married” - that section can’t be left blank, how is a court of law supposed to provide a notarized proof indicating OP wasn’t indeed married considering the spousal information OP must have provided? How is the fact that spouse’s information was put on the form an “oversight”? How is such a document able to overcome the misrepresentation in this case?

i am not a DS-160 expert as I haven't designed the UI for the page and what happens if we select one option or the other. It was just an assumption as when I filled my status as single, it required my parent's info. 

 

Your assumptions is that OP did it on purpose and must have filled the spouse info and I am not assuming any part about the DS-160. I am still unsure that the OP truly remembers what they put.

The legal document is just a way to prove that a person was never married.

ROC

Filing date: April 21, 2022

USCIS Received: April 25, 2022

NOA1 Date: April 27, 2022 

Credit Card Charged: April 27, 2022

NOA1 received: May 3, 2022   

 

Concurrently filed I-130/131/485/765

F1: May 22, 2012

H1B: Oct 01, 2017

Got Married: June 22, 2019

Sent packets: Aug 06, 2019
USCIS Received Package: Aug 10, 2019
Notification in text/email: August 12, 2019
Credit Card Charged: August 12, 2019
NOA 1 Mail: August 16, 2019
Biometric: September 12, 2019 

RFIE: Oct. 05, 2019 
Sent back RFIE response: Oct 15, 2019

RFIE received: Oct 18, 2019

Case ready to schedule interview: Feb 13, 2020

EAD & AP approved and card being produced: Feb 24, 2020

EAD/AP Card was sentMar 05, 2020

EAD/AP Card was deliveredMar 07, 2020

AOS Approved & Card being produced (NO interview): July 17, 2020

Card Received: Aug 31, 2020

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Filed: AOS (apr) Country: India
Timeline
1 minute ago, Boiler said:

Presumably they can only check their own records?

that will require the person to submit their local identification proof and other required documents and more often than not comes with a lot of red-tape.

ROC

Filing date: April 21, 2022

USCIS Received: April 25, 2022

NOA1 Date: April 27, 2022 

Credit Card Charged: April 27, 2022

NOA1 received: May 3, 2022   

 

Concurrently filed I-130/131/485/765

F1: May 22, 2012

H1B: Oct 01, 2017

Got Married: June 22, 2019

Sent packets: Aug 06, 2019
USCIS Received Package: Aug 10, 2019
Notification in text/email: August 12, 2019
Credit Card Charged: August 12, 2019
NOA 1 Mail: August 16, 2019
Biometric: September 12, 2019 

RFIE: Oct. 05, 2019 
Sent back RFIE response: Oct 15, 2019

RFIE received: Oct 18, 2019

Case ready to schedule interview: Feb 13, 2020

EAD & AP approved and card being produced: Feb 24, 2020

EAD/AP Card was sentMar 05, 2020

EAD/AP Card was deliveredMar 07, 2020

AOS Approved & Card being produced (NO interview): July 17, 2020

Card Received: Aug 31, 2020

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Filed: K-1 Visa Country: Wales
Timeline
Just now, mydas28 said:

that will require the person to submit their local identification proof and other required documents and more often than not comes with a lot of red-tape.

My home Government records would not show my US marriage, they can only check what they have recorded. However much red tape there is. 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: F-2A Visa Country: Nepal
Timeline

This is 2010 DS-160 sample, if one selects married on the first part, it asks for spouse info on the family info part. So if OP put as married (though he has doubts on that now), spouse’s info has to be provided.

 

 

634BC883-F591-4942-A750-F7F774644EC1.jpeg

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: AOS (apr) Country: India
Timeline
2 minutes ago, Boiler said:

My home Government records would not show my US marriage, they can only check what they have recorded. However much red tape there is. 

and the home government records is what I am talking about. DS-160 for F1 visa is filled with your home government records and not US government records as you are yet to have any records in US.

ROC

Filing date: April 21, 2022

USCIS Received: April 25, 2022

NOA1 Date: April 27, 2022 

Credit Card Charged: April 27, 2022

NOA1 received: May 3, 2022   

 

Concurrently filed I-130/131/485/765

F1: May 22, 2012

H1B: Oct 01, 2017

Got Married: June 22, 2019

Sent packets: Aug 06, 2019
USCIS Received Package: Aug 10, 2019
Notification in text/email: August 12, 2019
Credit Card Charged: August 12, 2019
NOA 1 Mail: August 16, 2019
Biometric: September 12, 2019 

RFIE: Oct. 05, 2019 
Sent back RFIE response: Oct 15, 2019

RFIE received: Oct 18, 2019

Case ready to schedule interview: Feb 13, 2020

EAD & AP approved and card being produced: Feb 24, 2020

EAD/AP Card was sentMar 05, 2020

EAD/AP Card was deliveredMar 07, 2020

AOS Approved & Card being produced (NO interview): July 17, 2020

Card Received: Aug 31, 2020

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Filed: AOS (apr) Country: India
Timeline
1 minute ago, arken said:

This is 2010 DS-160 sample, if one selects married on the first part, it asks for spouse info on the family info part. So if OP put as married (though he has doubts on that now), spouse’s info has to be provided.

 

 

634BC883-F591-4942-A750-F7F774644EC1.jpeg

I honestly believe there is no mistake on the OPs part

 

The OP doesn't remember what they filled or it was done on purpose. 

ROC

Filing date: April 21, 2022

USCIS Received: April 25, 2022

NOA1 Date: April 27, 2022 

Credit Card Charged: April 27, 2022

NOA1 received: May 3, 2022   

 

Concurrently filed I-130/131/485/765

F1: May 22, 2012

H1B: Oct 01, 2017

Got Married: June 22, 2019

Sent packets: Aug 06, 2019
USCIS Received Package: Aug 10, 2019
Notification in text/email: August 12, 2019
Credit Card Charged: August 12, 2019
NOA 1 Mail: August 16, 2019
Biometric: September 12, 2019 

RFIE: Oct. 05, 2019 
Sent back RFIE response: Oct 15, 2019

RFIE received: Oct 18, 2019

Case ready to schedule interview: Feb 13, 2020

EAD & AP approved and card being produced: Feb 24, 2020

EAD/AP Card was sentMar 05, 2020

EAD/AP Card was deliveredMar 07, 2020

AOS Approved & Card being produced (NO interview): July 17, 2020

Card Received: Aug 31, 2020

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Filed: Timeline
1 hour ago, mydas28 said:

How do you know that you put married on your F1 visa? The F1 Visa doesn't show your status anywhere. The only place that I can remember where you put your marital status is the DS-160 and you cannot just check married without giving the information of your spouse. So, I am very doubtful how you even remember that you checked your status as married. You have previously indicated that you do not have the DS-160, so if you are thinking along these lines, I am guessing that it was not an oversight at all.

 

 

 

13 minutes ago, mydas28 said:

i am not a DS-160 expert as I haven't designed the UI for the page and what happens if we select one option or the other. It was just an assumption as when I filled my status as single, it required my parent's info. 

 

Your assumptions is that OP did it on purpose and must have filled the spouse info and I am not assuming any part about the DS-160. I am still unsure that the OP truly remembers what they put.

The legal document is just a way to prove that a person was never married.

One doesn’t need to be a DS 160 expert to know that the spouse’s information will be required if you list your marital status as “married”. You even said so in your earlier post, so why the claim of ignorance now? Above is one of your earlier posts to remind you of what you previously wrote. 

Edited by Sm1smom
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Filed: F-2A Visa Country: Nepal
Timeline
1 minute ago, mydas28 said:

I honestly believe there is no mistake on the OPs part

 

The OP doesn't remember what they filled or it was done on purpose. 

Why would one think he put “married” if he didn’t? Regardless of whether he did it on purpose or by mistake, consequences are the same. So no point discussing OP’s role in it. He will have hard time getting GC because of that.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Filed: Citizen (apr) Country: Taiwan
Timeline

During an F-1 interview, does the officer review the DS-160 with the applicant?  If so, any accidental marking of "Married" would/could have been corrected at that time.

This is why, imo, there is a real possibility of the OP needing a misrep waiver....

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: K-1 Visa Country: Wales
Timeline
2 minutes ago, mydas28 said:

and the home government records is what I am talking about. DS-160 for F1 visa is filled with your home government records and not US government records as you are yet to have any records in US.

You seem to be missing the point, assuming some Country, any Country, has a national registry all they have is records submitted to them, they can not certify what they do not know. So yes they can say we have no record of marriage in our jurisdiction, so what? Certainly does not address this issue. 

 

 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: India
Timeline
3 minutes ago, Sm1smom said:

 

One doesn’t need to be a DS 160 expert to know that the spouse’s information will be required if your marital select “married”. You even said so in your earlier post, so why the claim of ignorance now? Above is one your earlier posts to remind you of what you previously wrote. 

Again. That was an assumption with regards to my application when I filled as a single. There is no claim of ignorance. Kindly take your keyboard warrior skills somewhere else

ROC

Filing date: April 21, 2022

USCIS Received: April 25, 2022

NOA1 Date: April 27, 2022 

Credit Card Charged: April 27, 2022

NOA1 received: May 3, 2022   

 

Concurrently filed I-130/131/485/765

F1: May 22, 2012

H1B: Oct 01, 2017

Got Married: June 22, 2019

Sent packets: Aug 06, 2019
USCIS Received Package: Aug 10, 2019
Notification in text/email: August 12, 2019
Credit Card Charged: August 12, 2019
NOA 1 Mail: August 16, 2019
Biometric: September 12, 2019 

RFIE: Oct. 05, 2019 
Sent back RFIE response: Oct 15, 2019

RFIE received: Oct 18, 2019

Case ready to schedule interview: Feb 13, 2020

EAD & AP approved and card being produced: Feb 24, 2020

EAD/AP Card was sentMar 05, 2020

EAD/AP Card was deliveredMar 07, 2020

AOS Approved & Card being produced (NO interview): July 17, 2020

Card Received: Aug 31, 2020

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Filed: Citizen (apr) Country: Taiwan
Timeline

It is a violation of the terms of service of this web site to tell others not to post.  Everyone is free to post here....and everyone is free to ignore posts....🙂

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (apr) Country: India
Timeline
4 minutes ago, Boiler said:

You seem to be missing the point, assuming some Country, any Country, has a national registry all they have is records submitted to them, they can not certify what they do not know. So yes they can say we have no record of marriage in our jurisdiction, so what? Certainly does not address this issue. 

 

 

I get what you're trying to say. It was just a suggestion to add definitive proof of not being married.

 

But again, I do not believe OPs claim.

Edited by mydas28

ROC

Filing date: April 21, 2022

USCIS Received: April 25, 2022

NOA1 Date: April 27, 2022 

Credit Card Charged: April 27, 2022

NOA1 received: May 3, 2022   

 

Concurrently filed I-130/131/485/765

F1: May 22, 2012

H1B: Oct 01, 2017

Got Married: June 22, 2019

Sent packets: Aug 06, 2019
USCIS Received Package: Aug 10, 2019
Notification in text/email: August 12, 2019
Credit Card Charged: August 12, 2019
NOA 1 Mail: August 16, 2019
Biometric: September 12, 2019 

RFIE: Oct. 05, 2019 
Sent back RFIE response: Oct 15, 2019

RFIE received: Oct 18, 2019

Case ready to schedule interview: Feb 13, 2020

EAD & AP approved and card being produced: Feb 24, 2020

EAD/AP Card was sentMar 05, 2020

EAD/AP Card was deliveredMar 07, 2020

AOS Approved & Card being produced (NO interview): July 17, 2020

Card Received: Aug 31, 2020

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