Barrington, RI asked in Immigration Law for Massachusetts

Q: Does a previous mistake on a DS-160 for a non immigrant visa (B1/B2) affect my wife's chances to get a CR1 visa?

My wife and I were in a serious relationship since 2010 and we got engaged in the summer of 2016. In October of 2016 she applied for a tourist visa in Morocco to come for a short trip to see her uncle who's a US citizen (he sent her an affidavit of support), and I planned to go see her for few days if she came to the US (we didn't have the intent for her to overstay her visa and live with me because I didn't have the financial means to support her at the time, and also because of cultural/religious reasons).

On the DS-160 she omitted to mention that she has a fiance in the US (I'm not sure if there was a field for that in the application). During the interview her application was denied based on Section 214(b) (No strong ties to country of origin).

Now that we are married I plan to submit a CR1 visa petition for her. Will there be any issues for us to get reunited due to that previous omission on the DS-160?

Thank you!

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered
  • Wyomissing, PA
  • Licensed in Massachusetts

A: Fiancee is not an official status under the law so I do not see that as an issue. You may want to review the previous submissions to note any inaccuracies, then consult with a member of AILA who can tell you if any inaccuracies are a problem.

When I say inaccuracy I mean 1)inaccurate at the time made, not because of something later and 2) that weren't merely an oversight or misunderstanding--you are laypeople and aren't expected to be lawyers (though the system may give you that impression).

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