@ ash2013;truth be told,u hit the nail on the head;having read ur post,it got me thinking;could this guy's visa denial in 2k9 be based on the premise that he was married yet he was not?
On the other hand,don't u think u r stretching it a bit when u say that he consulted a lawyer for the DV application after staying married for some 3 years.If u were in the CO's shoes,would you buy it?
But hey,at least he got an idea,let him run with it if he's feeling lucky?
Obeezyb, it is possible that was the reason. With other visa types especially visitors, they do not blink. When you forget to carry one doc along, that's it. I see they are abit lenient on DV applicants. They even allow u to bring the missing document later before the visa is issued. Wow! But nothing should be taken for granted. Just be prepared with every thing.
In an affidavit, you state your source of information. A layman can some times assume legal matters (for example some think cohabiting is a marriage). So it is ok to state that your Lawyer informed you that co-habiting is not a marriage.
Any CO who wakes up on the wrong side will definately not buy such a story and you know the end result. Anyway, he needs to think very hard on how to remedy this situation.