Q: Do I need to disclose a previous marriage in my I-130 petition?

A: Yes, you must disclose your previous marriage and divorce on your I-130 petition. Form I-130 specifically requires petitioners to list all prior marriages for both you (the petitioner) and your future spouse (the beneficiary), regardless of where these marriages occurred or how they were documented in your immigration history. The form contains explicit sections requesting this information, and providing your divorce decree as supporting documentation is essential for establishing your current eligibility to petition for a new spouse.

Your situation regarding the Diversity Visa application warrants careful handling. While you inadvertently listed yourself as "single" on your DV Lottery application, this discrepancy could potentially raise questions during the adjudication process. Immigration authorities examine consistency across all submitted forms and may flag contradictory information. By proactively disclosing your previous marriage now and explaining the circumstances of your prior misstatement, you demonstrate good faith and transparency, which immigration officers typically view favorably when evaluating cases.

We recommend updating your marital status with relevant U.S. government agencies to ensure consistency across all official records. This typically includes updating your information with the Social Security Administration, as they maintain vital statistics that other agencies often reference. You might also consider reviewing your status with the Department of Motor Vehicles and any other state or federal entities where you have established records. Maintaining accurate and consistent documentation throughout your immigration journey helps prevent complications during future proceedings, including naturalization if your spouse later pursues citizenship.