It has been very common nowadays for the immigration service, USCIS, to look at your visa application when you’re applying for a green card here in the United States. If you applied for a visitor visa 10 years ago and indicated on your application that you were married but you weren’t, immigration may know that now when you apply for a green card based on your current marriage. If they think that you were married before and not divorced but now are married again, to your current husband, they might find that this marriage is not valid. If you lied at your visa application interview and said you were married but you weren’t, you’re going to have to prove to immigration that you were never married overseas and generally that can be done by a document from one of your city officials back home. If you were not married and your current marriage in the United States is a valid marriage, then you’ve committed fraud on your visa application, but, you’d be eligible for a waiver. As long as you can demonstrate that it would be a hardship to your husband if you’re not allowed to stay in the United States, you should be granted the waiver and then, ultimately, your green card. If you have questions about whether or not you need a waiver, or whether you have questions regarding your visa application before you came to the United States, please contact my office and I’d be happy to assist you in your case.
Cheryl David is an experienced immigration attorney in the New York City area. Contact her for a free initial evaluation regarding any questions you may have about immigration procedures and policies.
