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Citizenship denied because of failure to disclose prior marriage on my F1 Visa forms.What should I do now?

Chicago, IL |

Came to the US on F1 visa in 2004,didn't mention about my marriage in Russia on F1 visa forms as told by my spouse in the US.Got married to the same spouse in 2006 here who was on H1b.Got divorced from him in 2008(marriage didn't work out when we started living together) and married a US citizen in 2010 and got my green card and conditions removed successfully but denied at the citizenship interview for lack of moral character because I didn't mention about my marriage on F1 forms!.I never knew that it was such a serious thing. I didn't do that to gain entry here! Are they going to deport me for something that stupid and benign? I don't know what to do now.Please help.

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Attorney answers 6


You should file an I-601 Waiver based on extreme hardship to your United States Citizen Spouse. You must enlist an experienced immigration attorney to prepare and file the 601 waiver on your behalf.

Husna Alikhan, Esq., TEL: 702-374-6619. Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.

Mary Kathleen Neal

Mary Kathleen Neal


I must disagree. She was denied citizenship, but still has her green card. I-601 does not apply to such a situation. If the situation changes such that she no longer has residency, and needs to re-adjust, then perhaps I-601 waiver would be appropriate IF she can show that separation or exile would bring extreme hardship to spouse.


I'm having difficulty with the start of your question - in 2004 were you married to someone who was already in the US as an H-1B? You should probably consult an attorney directly so that he or she can review the denial notice and go over the details of your history in order to advise you about whether you should pursue review of the denial, or some other option. Whether USCIS would refer your case to the immigration court for removal proceedings might depend on the specifics of the denial. An attorney could go over that with you as well, and advise you about any relief from removal (deportation) that you would qualify for. Good luck! - 312.641.0771 - The information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.


USCIS does not consider omitting a marriage from your immigration application documents "benign." I strongly suggest you not discuss this on an open forum like Avvo and consult with an immigration attorney in confidence at once.


Hire an experienced immigration attorney.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Hire a good immigration attorney and review your options.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Counsel Ferrari has issued you an excellent advice.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602

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