h4 visa : 2nd marriage issue

D

developer8

Registered Users (C)
I came to United States in Apr 2002 on H1B visa. Went to India in Nov 2005 and got married, marriage did not work and I did not bring my wife to United States though I had applied her H4 application (in Feb 2006) with VFS and later cancelled (in Mar 2006). She never appeared for an interview. I appreared to US embassy in Jan 2006 for my visa stamping and in form DS-156 filled my marital status as married and entered my ex spouse name. A visa was issued.


In April 2008, I went again to embassy and applied for renewal for visa {previously issued visa was already expired}. Filled forms DS-156 & 157 and on form DS-156 filled marital status as "Single". My passport was accepted and got passport delivered in 2-3 days with new visa issued on it.

I got divorce in India in Jun 2008 and remarry from india recently (Jan 2009) and applied for wifes H4 visa application. When she went on for an interview; she was asked "had your husnabd ever married before?". She said "No". Officer said "We will verify and then issue a visa". They kept the passport with them along with my I-797. It is over 4 weeks now but we have not heard anything yet from them. Any help is appreciated.
 
developer8 said:
I came to United States in Apr 2002 on H1B visa. Went to India in Nov 2005 and got married, marriage did not work and I did not bring my wife to United States though I had applied her H4 application (in Feb 2006) with VFS and later cancelled (in Mar 2006). She never appeared for an interview. I appreared to US embassy in Jan 2006 for my visa stamping and in form DS-156 filled my marital status as married and entered my ex spouse name. A visa was issued.


In April 2008, I went again to embassy and applied for renewal for visa {previously issued visa was already expired}. Filled forms DS-156 & 157 and on form DS-156 filled marital status as "Single". My passport was accepted and got passport delivered in 2-3 days with new visa issued on it.

I got divorce in India in Jun 2008 and remarry from india recently (Jan 2009) and applied for wifes H4 visa application. When she went on for an interview; she was asked "had your husnabd ever married before?".

She said "No".
-------------------Why did she lie? If she knew that you married in past and got divorce she was supposed to tell the truth to visa officer.

Officer said "We will verify and then issue a visa". They kept the passport with them along with my I-797. It is over 4 weeks now but we have not heard anything yet from them. Any help is appreciated.
Click to expand...

talk to your lawyer.
 
Thanks a lot Ginnu

Ginnu,
Thanks a lot for the quick reply. Actually she was aware of my earlier marriage, but we did not realize that she could be asked that question. After the visa officer asked her ; she realized that she is not carring "my divorce decree" and said "he is never married earlier". Also mistake on my side that I assured that she is carrying all the required paperwork but missed out the divorce decree.

Also just to mention since 2002 to till date I have been filing my taxes as "Single" as my accountant told me that when your wife (ex-wife) had never been to US, just file as single. Will that be a problem.

My employer is not aware that I was married earlier as I never disclosed it to them.

Your help is highly appreciated.


Regards
 
developer8 said:
Ginnu,
Thanks a lot for the quick reply. Actually she was aware of my earlier marriage, but we did not realize that she could be asked that question.

-----------they CAN ask any question and one must give correct answer not lie. After the visa officer asked her ; she realized that she is not carring "my divorce decree" and said "he is never married earlier".

-------that is her mistake and she told lie. why she did not tell the truth? if the Visa officer ask any document and you dont have with you then they ask you to submit and give you date.
Also mistake on my side that I assured that she is carrying all the required paperwork but missed out the divorce decree.
---------------------- you did a mistake or she did a mistake but she told lie to Visa officer.

Also just to mention since 2002 to till date I have been filing my taxes as "Single" as my accountant told me that when your wife (ex-wife) had never been to US, just file as single. Will that be a problem.
---------------------that is Ok as you were single in US and your wife was not in US.


My employer is not aware that I was married earlier as I never disclosed it to them.
------------------------employer knows or does not know it does not matter but when one file H4 extension or I-140 or I-485 the lawyer or employer should be informed so that no mistake on your immigration related forms.

Your help is highly appreciated.


Regards
Click to expand...
is you wife from Andhra Pardesh or New Delhi?:)
 
You were still married in April 2008, why did you put down "single"?

developer8 said:
In April 2008, I went again to embassy and applied for renewal for visa. Filled forms DS-156 & 157 and on form DS-156 filled marital status as "Single".

I got divorce in India in Jun 2008.
Click to expand...
 
Last edited by a moderator:
thanks again guys

Thnaks Ginnu & "Triple Citizen". I appreciate your quick responses.

Triple Citizen,
"Yes", it was a mistake on my side. I should have filled marital status as "Married". Is there a way it can be fixed now? My wife and I both appear in New Delhi consulate.


Ginnu,
You are right, it is a big mistake from our side. My I-140 was approved in Jan 2007 and is in the same state (I did not file I-485 when USCIS was accepting applications for all applicants whose I-140 is approved during Jul 2007).


Also, I have one more query. My state of residence is Virginia (all bank statement, utilities bill etc are are on Virgina address) where as my paystub has a address of Florida where I am currently staying/working. Could that be an issue?

I am thinking of having my company attorney write a letter to embassy-New Delhi that my wife was not aware of the fact that I had a marriage earlier. Appreciate your suggestions.

Regards
 
developer8 said:
Thnaks Ginnu & "Triple Citizen". I appreciate your quick responses.

Triple Citizen,
"Yes", it was a mistake on my side. I should have filled marital status as "Married". Is there a way it can be fixed now? My wife and I both appear in New Delhi consulate.


Ginnu,
You are right, it is a big mistake from our side. My I-140 was approved in Jan 2007 and is in the same state (I did not file I-485 when USCIS was accepting applications for all applicants whose I-140 is approved during Jul 2007).


Also, I have one more query. My state of residence is Virginia (all bank statement, utilities bill etc are are on Virgina address) where as my paystub has a address of Florida where I am currently staying/working. Could that be an issue?

I am thinking of having my company attorney write a letter to embassy-New Delhi that my wife was not aware of the fact that I had a marriage earlier. Appreciate your suggestions.

Regards
Click to expand...

For mistake on form ,your wife lie and your pay stub or address you should talk to your lawyer.
 
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