double process!!!!!

[pushbrk 13,066]

Is there and act of fraud by accepting the k1 from the Embassy while they are married

It depends on the circumstances but they most likely misrepresented their marital status at the POE when they used the visa to enter the US.

[Krikit 1,165]

Leonardo, you may want to take a look at this thread.

[rebeccajo 14]

Krikit,

Good job on bringing back to light the Campbell case.

Pushbrk,

Misrepresentation at Port of Entry can cause one to be barred from the US for life.

[rebeccajo 14]

Is there and act of fraud by accepting the k1 from the Embassy while they are married

Here's what I think happened in this case (from the facts as I read them).

The beneficiary was interviewed for the visa a very long time ago. At that time he/she was placed in Administrative Review, which drug on ages. At some point the petitioner and beneficiary gave up, married in the beneficiaries home country, and filed for a K3 without cancelling the K1 (probably out of lack of knowledge).

The beneficiaries AP process at the consulate ended at some point during all of this and the consulate, unawares of the in-process K3 filling, issued the visa.

I personally don't know the process for 'accepting' a visa in the Dominican Republic. And only a lawyer could say if fraud occurred by the simple act of accepting the passport with the visa inside.

But it was definately fraudulent to enter the US on the K1 if the parties were already married.

[~Laura and Nick~ 5]

Is there and act of fraud by accepting the k1 from the Embassy while they are married

Here's what I think happened in this case (from the facts as I read them).

The beneficiary was interviewed for the visa a very long time ago. At that time he/she was placed in Administrative Review, which drug on ages. At some point the petitioner and beneficiary gave up, married in the beneficiaries home country, and filed for a K3 without cancelling the K1 (probably out of lack of knowledge).

The beneficiaries AP process at the consulate ended at some point during all of this and the consulate, unawares of the in-process K3 filling, issued the visa.

I personally don't know the process for 'accepting' a visa in the Dominican Republic. And only a lawyer could say if fraud occurred by the simple act of accepting the passport with the visa inside.

But it was definately fraudulent to enter the US on the K1 if the parties were already married.

I totally agree with you RJ.

Fraud when accepting the visa from the Embassy, sitting there tight lipped and not mentioning a thing about being married.

The OP said they were "called back" to the Embassy so obviously they went and picked it up.

Fraud when entering the U.S. on a fiance visa while already married.

Wow, big problems.

[pushbrk 13,066]

Krikit,

Good job on bringing back to light the Campbell case.

Pushbrk,

Misrepresentation at Port of Entry can cause one to be barred from the US for life.

Yes, the foreign spouse is in big trouble but the USC spouse may be also, if complicit. No?

[rebeccajo 14]

Krikit,

Good job on bringing back to light the Campbell case.

Pushbrk,

Misrepresentation at Port of Entry can cause one to be barred from the US for life.

Yes, the foreign spouse is in big trouble but the USC spouse may be also, if complicit. No?

You know, I really don't know.

[Jenn! 918]

nm, confused

Edited May 9, 2008 by Jenn!

[rebeccajo 14]

Is there and act of fraud by accepting the k1 from the Embassy while they are married

Here's what I think happened in this case (from the facts as I read them).

The beneficiary was interviewed for the visa a very long time ago. At that time he/she was placed in Administrative Review, which drug on ages. At some point the petitioner and beneficiary gave up, married in the beneficiaries home country, and filed for a K3 without cancelling the K1 (probably out of lack of knowledge).

The beneficiaries AP process at the consulate ended at some point during all of this and the consulate, unawares of the in-process K3 filling, issued the visa.

I personally don't know the process for 'accepting' a visa in the Dominican Republic. And only a lawyer could say if fraud occurred by the simple act of accepting the passport with the visa inside.

But it was definately fraudulent to enter the US on the K1 if the parties were already married.

I totally agree with you RJ.

Fraud when accepting the visa from the Embassy, sitting there tight lipped and not mentioning a thing about being married.

The OP said they were "called back" to the Embassy so obviously they went and picked it up.

Fraud when entering the U.S. on a fiance visa while already married.

Wow, big problems.

Laura -

Well oopsies on me for missing that big detail about being 'called back to the consulate' to pick up the visa.

Who knows what the OP thought was going on. Is it possible they thought they were being granted the K3? Did they read the visa in the passport to see what kind it was?

My fiance apply for my K1 visa, but our case was put in administrative process for about 3 years, after such a long time and we not getting any information or any answer about the process, we decide to get marry and initiate the K3 process, but a few days ago they call us to the consulate again and they give us the k1 visa. iam here in USA since 5 days ago, but what can we do now? we are already marry in my country and the other case is pending. are we in trouble? our case was fill out inDominican Republic.

no it was not, they gave me the k1 and i just arrive in usa with that visa

Jenn -

nm - lol

Edited May 9, 2008 by rebeccajo

[Jenn! 918]

My fiance apply for my K1 visa, but our case was put in administrative process for about 3 years, after such a long time and we not getting any information or any answer about the process, we decide to get marry and initiate the K3 process, but a few days ago they call us to the consulate again and they give us the k1 visa. iam here in USA since 5 days ago, but what can we do now? we are already marry in my country and the other case is pending. are we in trouble? our case was fill out inDominican Republic.

no it was not, they gave me the k1 and i just arrive in usa with that visa

Jenn -

It seems from this post the entry was on the K1.

Yes, you're right Becca. I misread.

Is it misrepresentation to enter on a K1 when married if you're not asked any explicit questions at POE?

[rebeccajo 14]

My fiance apply for my K1 visa, but our case was put in administrative process for about 3 years, after such a long time and we not getting any information or any answer about the process, we decide to get marry and initiate the K3 process, but a few days ago they call us to the consulate again and they give us the k1 visa. iam here in USA since 5 days ago, but what can we do now? we are already marry in my country and the other case is pending. are we in trouble? our case was fill out inDominican Republic.

no it was not, they gave me the k1 and i just arrive in usa with that visa

Jenn -

It seems from this post the entry was on the K1.

Yes, you're right Becca. I misread.

Is it misrepresentation to enter on a K1 when married if you're not asked any explicit questions at POE?

Well, I wish zyggy were here to answer that.

My intelligent guess is that handing over a packet to a border guard which contains written statements from the petitioner and beneficiary that they intend to marry each other in the US is misrepresentation.

I don't think misrepresentation is going to end at what comes out of a persons mouth.

[~Laura and Nick~ 5]

I just don't get it.

It would have been lies coming out of their mouths from the minute they went and picked up the K1 visa at the consulate.

Wouldn't they think "oh, yeah, we are married, we filed for a K3, this isn't going to work". I just don't understand.

Don't they ask you quite a few questions at the POE also? Eeek...this is a bad situation.

Who knows what the OP thought was going on. Is it possible they thought they were being granted the K3? Did they read the visa in the passport to see what kind it was?

I doubt that. The OP said they called to tell them to come pick up their K1.

They had to have known what they were receiving. Sigh.

[william_wallace 8]

Well the only option i can see for them is for the beneficiary to leave, write a letter explaining to the embassy and USCIS and start all over again. If they leave it as it is, they will be looking over there shoulder all the time. Not a good situation to be in.

Edited May 9, 2008 by william_wallace

[belinda63 3,041]

It is my understanding, if my memory serves me correctly, that the SO signs a statement during the interview that they understand they must marry and file for AOS within 90 days of arrival in the US.

It is also my understanding that at the POE they are again told they must marry and file for AOS within 90 days or leave the country.

Clearly they should have known the K-1 visa was not the correct visa to enter on and just hoped they could get away with it. There was another story I read about a person from the Phillipines who like 6 years after entry was being deported along with her children because it was discovered they had married and then she had entered on a K-1.

My advice would be to call an attorney tomorrow or at least call immigration and inquire as to this and the possible consequences thereof.

It may mean more time apart but this is better than jail and deportation for fraud.

[Sylvia_n_Joseph 3]

So it seems there are several misrepresentations At the embassy , at the POE . Is there anything a lawyer could do other than collect money ?

The second application , will it be impacted by these events ? What would be the process for them to salvage that ? Or is it in trouble also ?