I'd like to share my problem pertinent to my Eb3 application.Its kinda complicated but I hope you'll get the point...:zzzzz
At the time of my application,year 2005, I am still single. Year 2006 I got married and I have successfully updated my status with our immigration lawyer. My PD is June 2005 and is now current this month of April.It was indeed a very good news after 3 long years, but this good news turned the other way round when lately,my husband told me that I wasn't his legal wife.He disclosed that he has been married 10years back.. but they got separated after a year of their marriage...In short, our current marriage certificate is null and void since his previous marriage is still existing.
The problem is that He has been included in my petition as my spouse and he has been issued a visa bill too. As soon as my immigration lawyer sent the new DS230 form for us to fill up, I have informed the lawyer of what I have known lately.With that reason, He adviced me to hold back my DS230 and not to send them until I have straightened up my problem. He said, I can face a major problem and my case can be totally denied since I have committed fraud. I explained my side that I didn't knew that he got legally married before our marriage took place..but he said he can't do anything for me now.
I am afraid and really disappointed that this can be the cause of an end to my American dream..I have completed all the immigration requirements, nclex, visa screen, etc..but all became useless because of my marital issue...
I am really depressed and don't know what to do..Is this really the end of it? Is there still a HOPE for my immigration case?Please help...
As expected, there was not a problem in getting the un-spouse removed.
Unable to guess what they will say at the interview, and since this same attorney told you that you could not remove the spouse, would not trust what he is telling you at all about what will happen at the interview.
The official there has the final say, not the attorney.
I would just go to the interview when you get your date and go from there, please let us know the outcome.
i have a problem too... my husband PD is 2004 and we got married 2007. his agency doesnt want to get his marriage contract becaus it will affect his papers at NVC. my problem is how can i join my husband in US when my papers and marriage contract is not in the NVC. and my husbands status is still single. the agency tole us that we will just bring the marriage contract and DS 230 at the time of the interview. is this possible????
Hi susanne thanks for your response...well, i just wanna know what are the common queries from the US consulate interview..and would my situation(getting married to a previously married man)affects my chances?..thanks...
I could not think of anything that could de-rail your chances if your former partner isn't part of the process anymore. For one thing, he is not really your husband from the start when he was already previously married and a good case for annulment as well since it is considered null and void from the very start since he kept his true marital status from you. If you want, you may consult another lawyer that specializes on this stuff. There are a few local immigration law firms that have partners or associates that specializes on marital problems in conjunction with immigration.
thanks Lawrence..I am here in saudi arabia and i have a hard time looking for an attorney to talk with regarding my case..My said spouse is no longer included in my petition but the problem is that I am carrying his family name already..I have changed my passpor too with his family name on it and also my NBI clearance...would this also affect my chances?or not...
thanks Lawrence..I am here in saudi arabia and i have a hard time looking for an attorney to talk with regarding my case..My said spouse is no longer included in my petition but the problem is that I am carrying his family name already..I have changed my passpor too with his family name on it and also my NBI clearance...would this also affect my chances?or not...
What you are asking is already legal matters. Only a lawyer who specializes on those things can know for sure.
One thing that I am sure though is that your chances now are much better than when your partner was still included in the process. If the consul in the US Embassy discovered this before you did, the impression will be that this 'husband' is only hitch-hiking with you to get a GC and is grounds for fraud whether intentional or not and you are presumed as a possible accomplice.
They are strict and really investigate if the spouse is a real spouse and the children (if any) are really theirs as well and not just hitch-hiking or piggy-backing with the primary applicant just to be given a GC.
Also, some real married people chose not to include their estranged husbands on the DS-230. It was never an issue if the said status was married but the primary applicant (the nurse) did not include their estranged husbands with the petition.
The consuls abroad are more strict when it comes to fake marriages because they do not want hitch-hickers or piggy-backers just for the 'free' GC they will get because of the primary applicant; much less if a married person chose not to include their husbands.
By the way, some who included their husbands on the petition but are unable to go with the scheduled interview are also not given GCs as well and only the one who was interviewed are given one. If the name of your partner is already stricken out of the petition from the start then I don't see much problem with it. They are much more concern regarding giving visas to those not worthy of it than knowing why a married person is not including their spouses with their petition.
i have a problem too... my husband PD is 2004 and we got married 2007. his agency doesnt want to get his marriage contract becaus it will affect his papers at NVC. my problem is how can i join my husband in US when my papers and marriage contract is not in the NVC. and my husbands status is still single. the agency tole us that we will just bring the marriage contract and DS 230 at the time of the interview. is this possible????
Sorry, but the agency knows nothing about how immigration functions, if they have not done research on you, you are not going to be getting a visa when your husband does. If you do not have a DS-230 that has you on it and approval of it, you are not going to get to the US for about two years. The only time that anyone gets added at the time of the interview is when they are a new baby. Period.
And if your husband is still waiting four years later, then there were problems with something along the way. If you do not believe what I am telling you here, please contact the US Embassy for their advice.
Shame on this wonderful agency of your husband, they are keeping you from joining your husband for two years or so.
thank you suzanne4 .. the reason why i join this forum is to know the truth and i believe what you are sayin.. i would like to ask how can i contact the US embassy. i need some advice regarding this matter also. i need many opinions... thanks!
thanks ms suzanne... may i know how to contact the US embassy? i need some more opinion about this matter. the reason why i joined thsi forum is regarding my problem and now its clear to me.. and i believe in what you said. thanks
You contact them in the country where you are currently residing, each locale has their own contact numbers, and you can look it up on the internet as well. Having them involved at this time, there is nothing that they can do, they do not have the completed file in their hands at this time. You should really be contacting the attorney that is representing your husband in the petitioning process, that is where you should start. And if you have issues with the attorney, then report the agency to the US Embassy for what they have been doing, or should say not doing or willing to do.
One big problem that you have is that the company does not wish for you to get the DS-230 at this time, and they are the ones that have to do it for you, irregardless if you are paying for it, etc.
Unfortunately, we have seen this over and over again, and if your husband has been waiting this long, then there are many issues with his agency. That is a definite.
suzanne4, RN
26,410 Posts
As expected, there was not a problem in getting the un-spouse removed.
Unable to guess what they will say at the interview, and since this same attorney told you that you could not remove the spouse, would not trust what he is telling you at all about what will happen at the interview.
The official there has the final say, not the attorney.
I would just go to the interview when you get your date and go from there, please let us know the outcome.
Best of luck to you.