roughlyworried

Hello, I was reading back through my documents again, and realized I stated something that will come back to bite me. And potentially deny our case. I stated on my affidavit: “we both agreed that after we live in the USA for a little while, we would go back to live in my wife’s home country. As well as visit my wife’s home country quite frequently.” Welp. Pretty sure this is quite bad. Does anybody have any advice or thoughts? Denial based on this would be what section?

Ah yes. I have the evidence and filed with it. I’m just worried because of getting married so soon after meeting online and having not seen each other in person before marriage (I was 18, we were in love, and there were some special circumstances surrounding morality of the nature of relationship it was becoming). I was hoping you guys were not in the same country since that would be more related for my case, but I’m glad you were able to do that nonetheless.

Hi. Thank you for your response! Super helpful to have someone else with a similiar experience. Can I ask did you guys get married while living in different countries? You in United States and him in another country at the time of the ceremony?

Yes. I’m quite meticulous. I even go through INA and Foreign service manuals to see if I can find answers there all the time. At this point, I’m almost hoping for an RFE to correct another mistake in the I-130 where we forgot one job and one address she had that we will have to put in the DS-260. I don’t think I quite understand what you mean by we are ahead of other couples for interview since we haven’t had to wait the entire process separated?

I guess worst case is an RFE. My worries are mainly, with everything, at the interview because it seems like things can be asked so unexpectedly. Best we can do is just answer honestly. But yes. As you can tell from my name, I’m a very worried person. Without going to personal, I have a diagnosed but currently untreated case(s) of severe OCD and panic disorder. And my wife is my greatest comfort to me. So having her be able to come live with me in the states is of prime importance to me, hence why I worry so much.

We were in July of 2020. It was quite new then. I did some digging on VJ, and someone else had the same issue, except they had a way to correct it in 2021. According to my emails with webwed, they were correct in saying we couldn’t use foreign addresses or countries. However, I know there was a way it could be changed based on a post I just saw in VJ by contacting them right after. But that was in 2021 that was posted…a full year later. So I’m wondering if there wasn’t a way for me to legitimately do it. Sadly, I won’t have any proof of this. Either way I’ll seek an amendment. I don’t see how they could truly Deny us beyond an RFE unless they think she was present illegally in the United States OR somehow find us guilty of willful misrepresentation.

Hi. Yes I’m living with her overseas, but haven’t fully moved and kept my mailing address in the United States, along with continuing to pay utility and insurance bills there. I’ll be returning to the United States permanently atleast 1-2 months before filing with NVC. I wouldn’t still have to re establish domicile correct? Also, a question about the amendment when I do it. My wife’s name is also somewhat not correct. For Chinese anyway. They put first name (included first name and middle name, but you can’t tell besides there is not a space between them) and then last name. Usually chinese go by last name first name middle name. So the name is backwards according to Chinese, but in English it’s fine aside from the first name and middle name not being separated by a space.

So I did end up finding that amendment form. I talked to another department in Utah. They said they can amend it, but I need to sign WITH my wife in front of a notary public, in addition, it has to be original ink signature and original stamp. However I’m living in Thailand, and there’s no way for her to do it in the US obviously and I don’t think they accept Thai notaries (still trying to find a definitive answer). I tried looking into the embassy here, but couldn’t get an appointment.

Yup. Already on it. Also, while on this subject, would it be ok to get another marriage certificate from another country 2 years after originally being married? I wouldn’t want to use it for United States immigration, but rather for being able to go to my spouses country since I’m having serious doubts about if our green card application will get approved or not.

I just noticed a pretty big mistake I think on our marriage certificate. We already filed the I-130 9 months ago. We had done a Utah virtual marriage, and she was living in China and I was in America. I did it with Webwed, and they told me it was normal for both to be listed at the same location. However, I sadly didn’t confirm with the Utah courthouse and I come to find out they can in fact list other countries. The only problem? They don’t edit marriage certificates older than 2 months! So now this marriage certificate I can’t change and it shows her as being in the United States at the time of marriage. What do I do since they can’t change it? Should I get married here in Thailand with her again with a Chinese marriage certificate? Any help would be appreciated. My stomach just sank to the bottom of the ocean.

Well, I do have a permit to stay here as a student, but I’m returning back to america soon, and ive always paid all my bills in america including utilities and car insurance. I’ve been here for like 10 months. I attempted multiple times to go home since June but had to stay here. The lease agreement was originally from January to June, but we kept extending month by month, so the last month before we leave I’m thinking of the landlord making a agreement or document for the entire time we stayed here. also, I’m in Thailand.

Correct. That’s what I understood too about the requirements for the marriage to be consummated. Perhaps it’s just my worries because of the uniqueness of it all. Not seeing each other in person before getting married along with getting married so soon. I have to admit we were pretty crazy. I just hope they won’t mistake our crazy in love youthfulness with fraud/not being in a bona fide marriage What I have available to show is a lease agreement for 10 months we have (but I never changed my address from the United States on record since I planned on being here less then a year), pictures of me and wife going for trips, pictures of us having a pet rabbit, pictures with Friends we made here, and lastly I’ll have the passport stamps and plane tickets of us leaving and entering the country. I would hope that’s enough.

Hi. I had a very specific question regarding the Utah marriage. A friend of mine brought it to my attention that USCIS and especially the consulate might not like how it was done. My wife and I met online. 3 months later we got married online through Utah. Before we got married, we never once met each other in person. About 8 months after getting married we met in a third country and have been together for a total of just over 1 year. We have evidence of living together, including pictures, stamps and all the typical requirements. My only concern is that they will question the validity of a marriage based on never meeting once in person before marriage and getting married so soon. I also, sadly, don’t have much chats from before we married since we both have since changed our phones and lost that data. I do have some screenshots of us on video calls around the time when first met, but they aren’t dated. Thanks

I ended up talking to someone who used to do the visa interviews, and they said (which seems to be backed up by what I posted before), that unless you go to your biometrics and interview, it’s impossible for them to issue a 6C1 because of it. In addition, the information that was in the DS-160 wasn’t directly relevant to our current CR1 petition. This is also backed up by this: Either way, if you don’t attend the interview (therefore swearing an oath), and the misrepresentation was not made in front of an officer. In addition, we didn’t lie about being married, or any facts pertaining to that. It was simply college history missing (which she majored in business and japanese, not tech). All in all, it seems that the DS-160s are irrelevant in such a case where an interview is never attended.

So an interesting little discovery I made here. The DS-160s don’t seem like they could even be used against someone if they never went to the interview. I deduce this from this except in the foreign affairs manual: now, I’m obviously not an expert, but does my deduction seem correct? The misrepresentation HAS to be made before a US official for it to fall under grounds for inadmissibility, not simply an application/form. Any comments or thoughts around the wording? My reading comprehension abilities aren’t exactly the best, hence why I ask.

Coming back to this since I now have more information on what exactly I did. Late 2020, we did a tourist visa application, and we did correctly list the jobs and addresses. We paid for and scheduled an interview which was then cancelled by the embassy for staffing issues. two days after it was cancelled we did ANOTHER application, this is time we listed her new job (the one missing from the I-130) as WELL AS listing an address she had for about 4 months that we didn’t forgot to list on the I-130 as well. For this DS-160, we didn’t schedule an interview 10 days after the second DS-160, we submitted another application for a consulate nearby. I’m not sure at all what info I put in this one, but I assume it was the same as the second one since nothing was really different, but I’m not sure. This one as well, we didn’t even schedule an interview for. to recap, first one DS-160 we filed for, we got interview for that was cancelled. All the info in this one is correct. Second and third DS-160, I’m not sure what info I put, except that from chat messages with my wife I know we definitely put her address and job at the time that we forgot to put in the I-130. Now, I don’t remember why we didn’t use the second and third ones. Perhaps I made mistakes on them and decided not to use them. If I, in fact, did fill these out but never scheduled interview for them, do they even consider them valid since we never even attempted to prove their validity in front of an IO? Thanks

Not if you would particularly know this, maybe you do, but for the DS-160 (we submitted 3 different ones), that has the conflicting information, we never scheduled interview. I wonder if it would even show up in their system? And if it does, if it’s even counted since we never attended an interview so the information was never tied nor verified by my wife to actually be correct since I know if you make a mistake on a DS-160, your supposed to just make a new one for an interview. I’m still correcting the address and employment on the DS-260. But it is an Interesting thought, in the manner if my concerns are even valid.

Ok. I am thinking of all the possible scenarios to perhaps prepare. I’m also realizing there are some dates (such as when she quit college, and what we put on the DS-160, as well as her moving in date of the missing address, and employment end date). Some of these in regards to dates I know won’t line up between the DS-160 to the DS-260 because we simply don’t remember. Forgive me for my worrying, but this all seems like it could blow up.

Naturally. I’ve always told the truth when it comes to this. That’s why on those DS-160s for tourist visas I always put that we were married. I also noticed we missed an apartment she stayed at for a few months on the I-130. I can’t believe I missed these and forgot about them. Its definitely ok to not correct the errors on the I-130 but just put all the correct information on the DS-260? Both the missing address and the missing job?

Understood. Is the embassy likely to have a problem with conflicting information on the I-130 and DS-260? I would think they would question the whole validity of the I-130, but I’m not sure. If they ask her, what should her approach?

Title kind of says it all. I know I posted along these lines before, but I did look into it more on the forms I submitted and definitely see that on the I-130, we missed entirely a job she had back in 2020. The main problem is, this is the very job we listed her as having on a DS-160 we did back in late 2020, even though she never went the interview for the tourist visa, but they definitely have that on record, the fact she had that specific job. And that’s the job we Forgot to list on the I-130. What should we do about this? Should we try to get a corrected I-130 to the USCIS? Or contact them? Would the embassy even care she omitted a job on her I-130 when they can clearly see we submitted it on her DS-160?

Yea, I also just went fully through the I-129f and see they request her full employment history. I noticed about 2 weeks back we missed one of her jobs back in her country she had, and it was one we listed on the DS-160 we filled out for a tourist visa back in 2020 we ended up not doing the interview for. So that’s a whole different issue, and actually something I should post on before worrying about a K3

Got it. I’m currently abroad, but will be back within 40 days. I heard you have to mail it in? That’s why I’m thinking I should be back in the states. Also, I did file the I-130 with a lawyer, is it required for a G-28 to be attached to the K3 since the I-130 had a G-28? last question, when I would send in the I-129F, I’d be close to or at 11 months from my PD. If they receive it after my I-130 is approved, around the time, or in any scenario, would it affect the validity or issuance of the I-130? im thinking I may do it, but I am considering leaving as is since 11-12 months is supposedly around the time it should take at Vermont. From what I gathered from what you said, you would recommend doing it anyways? thanks

True. little over 2 years we’ve been married. 9 months into the I-130 at Vermont. Maybe it’s too late 🤷‍♂️

Not sure if I should post this in the K3 or current forum, as it has to do with both. Recently on various group chats and forums I’ve seen many I-130s with PDs from April 2022 get approved this month with K3s they submitted and got denied. Obviously the K3 didn’t directly help since it wasn’t expedited and was just flat out denied. However, their CR1 case was approved way faster than the rest of us who didn’t submit a K3. Could it be, then, that submitting a K3 with a CR1 speeds up the case indirectly?