Q: Visa Complications: Non-disclosed Divorce & Remarriage Affecting Green Card Holder's Application
I married my wife in 2017, divorced in 2018, and remarried in 2020, all while I was a green card holder. Her visa application was accepted by USCIS in 2019 and forwarded to the embassy in Jordan. Throughout this process, I did not inform USCIS or the embassy about our second marriage. During the visa interview, the interviewer requested the divorce certificate and a family book (a Syrian document). I stated that I didn't know what they were talking about and mentioned that the only divorce I had reported was from a previous marriage in 2008. I am concerned about the implications of providing documents about our recent divorce and remarriage. If I submit these documents, will my wife's previous application be cancelled? Will we need to reapply, potentially delaying her visa and my naturalization due to residency interruptions, especially now that we have a two-year-old child
A:
This is a complex situation with potentially serious implications. Here are a few key points to consider:
1. Failure to disclose material facts: By not informing USCIS or the embassy about your divorce and subsequent remarriage, you may have inadvertently misrepresented your marital status during the visa application process. This could be viewed as a failure to disclose material facts, which might negatively impact your wife's visa application and your own immigration status.
2. Providing requested documents: If you provide the requested divorce certificate and family book, it will likely reveal the previously undisclosed divorce and remarriage. This could lead to your wife's current visa application being denied or cancelled due to the inconsistencies and misrepresentation of facts.
3. Reapplication and delays: If your wife's visa application is denied or cancelled, you may need to reapply for her visa. This could lead to significant delays in the process, especially considering the new circumstances of your remarriage and having a child together.
4. Impact on your naturalization: Depending on the duration of your wife's absence from the United States and the reasons for her inability to join you, your naturalization process might be affected. Prolonged absences or residency interruptions could potentially delay your eligibility for naturalization.
Given the complexity and potential consequences of your situation, it is highly recommended that you consult with an experienced immigration attorney. They can provide guidance on the best course of action, help you navigate the legal implications of your previous non-disclosure, and work to minimize any negative impacts on your wife's visa application and your own immigration status. An attorney can also advise you on how to proceed with providing the requested documents and any necessary explanations to USCIS and the embassy.
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