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Misrepresentation on N-400 - prior marriage

Houston, TX |

My wife is Venezuelan and I am British - we both have green cards for 5 years. We applied for Citizenship N-400. She was previously married in Venezuela. She did record a divorce decree in Texas, but the spouse never visited Texas and she signed on his behalf with a false notary. Now it is clear she wants to divorce me after the Citizenship completes. She did not declare the prior marriage on the N-400 form. I would imagine there are serious consequences if the prior marriage and the fake notary are discovered by the INS? Please advise.

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Attorney answers 3


Dear reader, your question is ambiguous. If the question is about how to protect your wife in the naturalization process, you may want to refer her to an immigration attorney. If your question is about how to gain leverage in a potential divorce case, you may want to hire a divorce attorney.

It's difficult to address your specific question about whether there are "serious consequences" to her actions in the divorce without knowing more facts.


Immigration attorney - a good one, is her only hope - a week one, but still - of getting out of this mess. What is amazing for me is that only now the fact that she had committed fraud back then, began bothering you. Unless you got your greencard through your wife, why does it concern you now, especially since you did not object to the fake notary then?

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.


Yes, absolutely there will be serious consequences.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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