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joewolf28 · Mar 6, 2009, 11:36 AM

This is a stupid question but here goes my girlfriend lives in colombia and we want to get married in the states now the problem is she was married there and doesn't have the funds to divorce from the guy who now lives in the states and it will take along time for her to get it and we have been together for a year and a half the lawyer sezs it will take another year to have a chance so my question is if we try to apply for the fiancée visa without saying she was married will they find out.

DCcityboy · Mar 6, 2009, 11:52 AM

She should not make any misrepresentation regarding her marital status to the CONOFF. They may not check, but if they do, will be easy to see she lied under oath (signing the DS-156 under penalty of perjury) as well as at the AMCON visa interview. If she misrepresents by omission, she could be denied the visa and would then need for you to qualify for a waiver. You would want an attorney to handle the waiver filing.

She needs to have the divorce before the K-1 visa will be issued, as the officer knows she is unable to get married to you if she is still married.

If this was helpful, rate this answer! Thanks and good luck.

joewolf28 · Mar 6, 2009, 11:57 AM

Originally Posted by DCcityboy

she should not make any misrepresentation regarding her marital status to the CONOFF. they may not check, but if they do, will be easy to see she lied under oath (signing the DS-156 under penalty of perjury) as well as at the AMCON visa interview. if she misrepresents by omission, she could be denied the visa and would then need for you to qualify for a waiver. you would want an attorney to handle the waiver filing.

she needs to have the divorce before the K-1 visa will be issued, as the officer knows she is unable to get married to you if she is still married.

if this was helpful, rate this answer! thanks and good luck.

Thanks do you of any other visa that can help her get her

DCcityboy · Mar 6, 2009, 01:33 PM

If she has a visitor visa, she can come for a short period, she could then file for the divorce here in the US. Each state has different requirements for jurisdictiion.

joewolf28 · Mar 6, 2009, 03:22 PM

What do you need for a visitor visa

DCcityboy · Mar 6, 2009, 04:56 PM

It's a direct application visa, but mostly she needs to show she will return home. She has to have "ties" to her home country; job, family, property, etc. the more the better. She should have specific plans for her visit to the US, so an itinerary and a specific reason or occasion is helfpul. She has to have enough funds in the bank to pay for her trip and all expenses.

She can get specific information about the consulates requirements, but she will need an appointment, fill out form DS-156 and pay the MRV fee. She should prepare for the interview and be able to explain about her temporary trip.

joewolf28 · Mar 6, 2009, 04:59 PM

Okay I see and does it take along time to get approve or know if you been selected.

DCcityboy · Mar 6, 2009, 05:51 PM

It's a direct application visa so you generally know at the visa interview if the CONOFF approves or not.

joewolf28 · Mar 6, 2009, 05:53 PM

Oh wow thanks a lot dccityboy