Will we need to file a waiver?

[kikiaumaroc 0]

Hi!

I am about to begin applying for a fiance visa for my Moroccan fiance. I am concerned, however, about the last tourist visa application he submitted to the consulate...

In 1996 my fiancee applied for a tourist visa to the United States, as he was about to start a new job, after having been in training as an aircraft engineer for several years and having been given a contract from the national airline. When he went to the embassy, they told him that they couldn't give him a visa at that time, but when he brought evidence of three months of pay stubs, they would be happy to issue him the visa. The woman told him, in French, "Ce n'est pas un refus", you just need to come back when you actually start your job. He subsequently left for England for several years and never bothered to go back to the embassy.

2.5 years ago, in 2004, he decided to come to the States for a vacation. He again applied for a tourist visa. There is one question on the tourist visa application that asks "Have you ever been refused a visa to the United States?" Remembering that the first CO told him 'ce n'est pas un refus', he decided, unfortunately, to check the 'no' box. They told him to come to the embassy with his passport, and when he got there the man asked him "why didn't you tell us that you had been refused a visa before?" Mourad told him the story, and what the woman had said the first time he applied for the visa, and told him to look in the files, but the CO refused to look at anything and told him to reapply-- gave him a paper saying that he had the right to apply again for the tourist visa, pay the new fee, and explain exactly what happened in the new application. Nothing was stamped in his passport, and the man made no reference to fraud or not being allowed into the U.S. in the future.

Do you think there is a possibility that his file was marked as fraudulent and we could be denied a K-1 visa on this basis and be forced to file a waiver?

Thanks for your input!

[dwar49 0]

There is no way to know in advance without requesting his official immigration record. You can do that however it will take a long time to get an answer. From what you have said I dont think there will be a problem, but strongly recommend you consult with an attorney to get their take on it prior to proceeding.