DS-160 and I-130A

S

Shaila K

New Member
Hi Team,
Have 2 generic q's:
1. Will previously submitted DS-160 forms be verified when I-130A (GC sponsoring to spouse who is on H1) is filed?
2. What would be the consequences/legal penalties if marital information is not matching with DS-160 (submitted so far from the time H1 is filed) when I130A is filed?
 
Shaila K said:
Hi Team,
Have 2 generic q's:
1. Will previously submitted DS-160 forms be verified when I-130A (GC sponsoring to spouse who is on H1) is filed?
2. What would be the consequences/legal penalties if marital information is not matching with DS-160 (submitted so far from the time H1 is filed) when I130A is filed?
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Yes, they will. There are a couple of cases ongoing on another forum where both applicants had previously submitted B visa applications stating they were married, though they weren’t, and both have hit roadblocks because uscis is consequently demanding to see divorce certificates before they will approve current petitions. (Actually one was a fiancé petition and denied, the other is a spousal i130 under RFE for the divorce documents).
There is no “legal penalty”, but the consequence is denial for being unable to prove free to marry and possibly a bar to entry due to misrepresentation on an immigration form.
If the issue you are talking about is the same marriage but dates are different, it may not be that serious unless it was deliberately done to try gain an immigration benefit, in which case it may also be seen as misrepresentation I believe.
 
Yep. Information provided on previous visa petitions will be cross referenced with whatever information is being submitted on any new petition.
 
When filing H1, haven't got the divorce papers, hence mentioned as single and following DS-160 forms..
So while submitting I130A form, should it be filled with priori marital information or not?
 
Shaila K said:
When filing H1, haven't got the divorce papers, hence mentioned as single and following DS-160 forms..
So while submitting I130A form, should it be filled with priori marital information or not?
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Wait are you saying you were married when you filed for H1 but claimed to be single because you hadn’t finalized divorce proceedings? Not a smart move, if that was the case.

And yes, you’re required to truthfully fill out the I-130A and subsequent immigration forms with prior marital information as applicable. Not providing the correct prior marital information will be an attempt at perpetuating the previous lie. Is this going to create an issue? Yes probably, unfortunately there’s no way out around that.
 
Firstly marriage was not registered, we were not living together right the day of marriage due to other issues and marriage happened in my country not in US. I don't have any proof of marriage or neither was living with anyone, so I stated the fact that I'm single.
 
Shaila K said:
Firstly marriage was not registered, we were not living together right the day of marriage due to other issues and marriage happened in my country not in US. I don't have any proof of marriage or neither was living with anyone, so I stated the fact that I'm single.
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Married is married regardless of where the marriage took place, so claiming to be single when married is not “the fact” - it was simply a convenient option for you to select.

If you truly we’re not married, when in fact you were, you wouldn’t be worrying as to what “the consequences/legal penalties if marital information is not matching with DS-160 (submitted so far from the time H1 is filed) when I130A is filed” are/is.
 
Shaila K said:
Firstly marriage was not registered, we were not living together right the day of marriage due to other issues and marriage happened in my country not in US. I don't have any proof of marriage or neither was living with anyone, so I stated the fact that I'm single.
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You were clearly married from what you stated before.
This is the kind of thing that can come back to seriously bite you if you lie about it and then it’s found out later. Don’t make the mistake of thinkinh it can be secret forever, or that if x years pass before uscis finds out that they will not bother doing anything about it. DO NOT INTENTIONALLY LIE ON USCIS FORMS.
 
Moreover u have to show tht u were married before in ur new marriage certificate .... if u get married again .... and filling i-130 for ur spouse would b problematic .....
 
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