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  1. #1
    Join Date
    Apr 2006
    Posts
    1

    Default The big headache of "fake marriage"

    Please point us a way to go! We want to do things right.
    Here is my husband's situation:
    When he came to the United States on 2000 on B1 visa, he reported his marriage status is “married”. Actually he has never been married. He extended B1, and changed to F1, then changed to H1B status on July 2005. 2005 October, he returned to his homeland and applied H1B visa successfully. But in order to match the marriage status he reported on 2000, he had to say “devoiced” on his DS-156 and DS-157. Actually he has never been married.
    He is on H1B status currently. The entry visa H1B is expired on January 2006. and I-94 card stamps H1B till 2008.
    We just married on 2006. I would like to apply GC for him (I'm a citizen). But I-130 requests details on his previous marriage and support document for devoice.

    Solutions:
    He come back his homeland and re-apply for H1B visa, then DS-156 and DS-157 marriage status will be “married” – for the current real marriage. Will his immigration record still keep his previous marriage record? If no (I don’t believe so), can I just skip his previous marriage, don’t write anything on I-130? Can he re-apply for and obtain H1B visa from Canada? Would you take care of this case? How much it will be?
    If he just follow the mistake he made before, provide a fake devoice certificate, what the consequence will be in the future?
    If he applies for GC through his company, can he skip this “fake marriage” issue on the process? How long can he get GC? If you can do this case and how much it will be?
    Is there any good way to go?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    If he has stated that he was married and later that he was divorced, he should expect that USCIS will pick up on the new claim of marriage.

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