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Adjustment of Status Interview (marriage based) - Does USCIS ask about past divorces? Adjusting status form TN visa

Chicago, IL |

I have been divorced twice. #1 was 10 years ago and #2 was last year. The problem is that I dont remember much about the #1 divorce because I was only 18 at the time and the marriage lasted for just few months (it was not in U.S. - it was in Canada). I dont even remember the DOB of that spouse because it's been SO long. I cannot get his DOB from the courthouse because they dont give out personal info like that in Canada, plus I cannot leave U.S. at the moment while AOS is processing.

I'm just curious to know if USCIS will ask about details of former spouse #1? What if I dont have all the answers? On my G325A, I wrote "Not known" in the DOB field for former spouse #1. FYI - I've never been sponsored to immigrate to U.S. by any of my former spouses. This is the first time.

Attorney Answers 3

Posted

They can ask you anything they wish to ask.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Not exceeding the scope of the AOS basis.

Posted

It is always best not to leave any applicable information on these types of forms vague or blank, if you are required to answer the query. You'd be better off to try to track down a common friend, an old letter or even your ex himself to learn the exact date. If that is impossible, then you'd be better off providing a guess and meanwhile finding out what you can and explain more at the interview. And yes, they could certainly ask about your former spouses, since they will want to make sure you are marrying for the purposes of immigration fraud.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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8 comments

Asker

Posted

I tried to locate this person but without any luck, i couldn't even find a common friend from 10 years ago who would know his DOB. Do you think I should've guessed a DOB and entered it on the G325A? Also, on Canadian divorce papers, there's no mention of DOB of any spouse.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Oh, so you are saying you already filed this? My bad if I misunderstood. Another thing that came to mind - if you know his name, middle name and last name (hopefully you remember ;)!) as well as where he is located and his age, you could simply do a people search online and see if you can somehow come up with his birthday in a public record. You may have to pay a small fee, or even see if a PI could do this for you. In any event, as I stated, I doubt that not knowing the precise DOB would be fatal to your entire application.

Asker

Posted

Thats a very good idea. I did do online name search very extensively. I have his name and address info from the divorce papers because on Canadian divorces only mentions name and address (no other personal info). The thing is, all I know is that this person left the country (Canada) in 2004 or 2005 I think... so he's not in U.S. or Canada which makes it VERY hard for me to search his DOB :(

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Or Facebook? :)

Asker

Posted

That was the FIRST point of search for me! Assuming that EVERYONE now has a fb account but without any luck, I just cant find this person.... Isn't having the divorce papers just good enough?

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Yes do try that! i'm surprised those divorce papers don't mention his DOB - when I prepared a divorce recently, I included both parties' DOBs.

Asker

Posted

In Canada (where the privacy act is MUCH more stricter than U.S.) neither do they mention DOB, nor can you go to the courthouse to request DOB. In U.S., information like this seems to be readily available.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

OK.

Posted

Yes of course they may certainly ask about previous relationships. Your series of questions after the submission are making me wonder if you had adequate knowledge or assistance in the preparation of the application. One mistake many make is thinking that this is "just forms." These forms are the first step. Other more serious issues could be lurking unaddressed.

Do yourself a favor. Call an attorney to see if you may need an attorney to accompany you to the interview.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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5 comments

Gunda Johanna Brost

Gunda Johanna Brost

Posted

A very wise suggestion.

Asker

Posted

Right I understand that people treat these as just forms however when you dont know some information, then you just dont know it. I cannot make up a random DOB. I did my forms very carefully and very diligently and I believe the amount of effort and care I used while preparing these forms over the course of 2 months, no other person (especially someone who will not have any impact of what happens to my application) would've prepared these forms with that much attention.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

… with the exception of course of an experienced immigration attorney who knows exactly what are the pitfalls and what to look out for and has been paid to represent you and therefore also has an ethical obligation to do his/her utmost in a careful preparation of said documents. :)

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

I'm sure you worked very hard. the problem isn't the lack of preparation. it's simply that you don't know what you don't know at times. but to each his or her own!

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Right.

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