Can US Embassy discover if someone's applying for fiancee visa if single or not?

Question

My sister is currently separated to her lawful husband for 3 years now,prior to the marriage she has a passport & never change her status when she got married.Last year she renewed it as single on her marital status-they're separated..so what's the use after all???She's a n American bf & wants her to visit US...can He gets fiancee visa to her since in her passport she's single?

Answer 1

Yes, she's required to get a certificate of no marriage from the NSO and the US embassy checks the authenticity of it.  When the fraud is discovered she'll be banned from the USA for the rest of her life.

Answer 2

no, she may not ;

Yes ,the embassy can find out,it matters not if she did not change her status, the records will show;

and no he cannot get a fiance visa for her.........

by the eyes of the law? she is not single.

Answer 3

Why do you think petitions take so long? There are checks to be made.

Have you, your sister or her finacee read the instructions for Form I-129F. It is is written in plain English; Section 5, part D.

"If either you or your fiancé(e) were married before, give copies of documents showing that each prior marriage was legally terminated"

Of course they check to see if the pair of them are legally allowed to marry before issuing a visa - that is one of the purposes of a background check for a K1.

Answer 4

Yes, they will find out. She has to show proof of the annulment since we don't have what is called divorce in the Philippines. She shouldn't have any problems with the passport after that, at the time that she renewed her passport, she was already single.

As for K1 (Fiancee Visa) application, her bf can apply but she still has to provide proof of her separation.

Here are some links for more information:

http://travel.state.gov/visa/immigrants/...

http://www.womenrussia.com/fiancee_visas...

http://www.uscis.gov/propub/ProPubVAP.js...

Answer 5

no such visa as a fiancee type. you would be thinking of a K-1 visa but in 90 days you need to be married or leave the country. lots of paper work go into the acquiring of this and needs sworn statements your not married if you are found guilty of perjury deportation is the least of the punishment 5 year, 10,000 dollar fine.

Answer 6

Most likely, yes.  They don't have any type of database of marriage licenses.  The only time proof ever becomes an issue is when someone challenges your status.  You only have to worry if her husband finds out what she's doing and tries to cause problems.  If he reported her, she could face Fraud charges which can carry a penalty of 3 to 5 years.  Of course, if it's her first offense she'll probably just get a slap on the wrist, but that's not the point.  Just make sure her ex doesn't find out...

Answer 7

He can get a fiancee visa alright, but when she needs to provide a certificate of proof as never been married/ability to contract marriage from her country, she will encounter 2 problems outright. Falsification of travel documents (passport) and visa application. Find another way.**