Got denied on my interview b'coz of not having my decision yet at the court from my previous marriage

[scandal 951]

Tell me what positive feedback we have given this girl in the last 15 pages of post

Well, I think some of us did try to do exactly this. Many pages back in this thread I wrote as follows:

Here would be my advice to the OP:

IF you have additional information which you have not shared with us on this message board, which would clearly show that you did not have any misrepresentation of your ability to marry when you filed your petition

AND IF you are willing to hire an experienced immigration lawyer, who can present this additional information to the USCIS and thus demonstrate that you should be given a second opportunity to file for benefits

THEN .... you should go for it (i.e. file a new petition, once you have a confirmed annulment in your hands)

HOWEVER

if you know in your heart of hearts that you were trying to game the system on your first attempt, and that you in fact knew you were misrepresenting your marital status,

THEN

my advice would be RUN, don't walk, as fast as you can away from your filing, from the USCIS and from any thoughts of living in America. Thank your lucky stars that at this moment you are a free person, your fiance is a free person, and the worst case scenario right now is you can't live in America. It can be worse, and if you raise attention to yourself by filing again, you may find out how much worse it could be.

I still think that's sound advice. It strikes the right balance between (1) recognizing and not sugar-coating the serious gravity of filing a false claim (2) giving her, the OP, the benefit of the doubt that perhaps there is some pertinent information which could shed light on her situation and make it appear quite different than it currently appears to us (3) giving her some concrete options of what to do next.

[pushbrk 12,882]

I have refrained from posting since my last post days ago. My God people do you see what this has become. It has nothing to do with the original post any more. It has turned into an EGO fest. Please remember why this site is here it is to help people and yes call them on their BS, but when all the facts point to a concrete conclusion not just a personal interpretation of the contents of the post. Tell me what positive feedback we have given this girl in the last 15 pages of post and then tell me what is the purpose of VJ any way? Right now I am so confused about if we are here to help each other on our journeys or to "tar and feather a possible misrepresentation on a form? I dont blame the OP for not adding to this post if you were in her shoes would you? 3 days and15 pages of post have been wasted with little or no help for the OP. I am just glad when i got here i got the info i needed without all the "hatters" posting. I know someone is gonna say don't sugarcoat this bad action on the OP behavior, but I wasn't a fly on the wall for the real facts and i never assume anything because as the 15 pages has shown us assuming anything makes you a multiple poster. Bet you thought I was gonna say something else. Let's all just get a life and try to be members who remember why we are here.

We are here to assist. The problem is that we are not here to assist in fraud. It sounds like it is to late for this couple, and it's a shame that they chose to take their chances on the annulment. I am hopeful that this will help others before they decide to lie on their petition.

I don't think it takes much examination to see that most of the last 12 pages consist of bickering over whether we know what we know and/or whether and how we should communicate what we know or think we know. When we use our understanding of the forms and process, we need not be a fly on the wall to know false information was intentionally and knowingly given to USCIS or the petition would never have been approved and we know that more false information was contained in the visa applications delivered to the Consulate in furtherance of false pictures painted by the petition. We can read the affirmations above signatures on forms and know the potential consequences of these actions preclude remedies like simply filing again. We cannot help this couple obtain a visa fraudulently and we cannot help them avoid the penalties for the offences they've already been caught committing.

What we can do is help them face the realities of what they've done so they can, between them resolve what they will do going forward without wasting time on futile efforts.

Edited February 8, 2009 by pushbrk

[scandal 951]

I don't think it takes much examination to see that most of the last 12 pages consist of bickering over whether we know what we know and/or whether and how we should communicate what we know or think we know. When we use our understanding of the forms and process, we need not be a fly on the wall to know false information was intentionally and knowingly given to USCIS or the petition would never have been approved and we know that more false information was contained in the visa applications delivered to the Consulate in furtherance of false pictures painted by the petition. We can read the affirmations above signatures on forms and know the potential consequences of these actions preclude remedies like simply filing again. We cannot help this couple obtain a visa fraudulently and we cannot help them avoid the penalties for the offences they've already been caught committing.

What we can do is help them face the realities of what they've done so they can, between them resolve what they will do going forward without wasting time on futile efforts.

Oh no, here we go again. Look, overall I agree with what you're saying, that we should certainly not be abetting fraud or duplicity, and that we cannot undo past actions that are already done, and that we cannot impose our will and judgment for that of USCIS and other bodies (e.g. Manila embassy).

BUT. BUT. This statement drives me a bit nuts:

intentionally and knowingly

You don't know that. I don't know that. You can suspect that, so may I. But nothing you can say, nothing anyone says here other than perhaps the OP, can confirm or deny whether it was "intentionally and knowingly". We've already had a poster recount their own experience in which they NEARLY fell into such a trap, completing the forms believing that because an ex-spouse had served papers that in fact the divorce was finalized, when it was not. How can you POSSIBLY know that something similar did not happen here, to this OP? You DON'T KNOW. I wish people would stop stating as facts things that are conjectures.

[pushbrk 12,882]

I don't think it takes much examination to see that most of the last 12 pages consist of bickering over whether we know what we know and/or whether and how we should communicate what we know or think we know. When we use our understanding of the forms and process, we need not be a fly on the wall to know false information was intentionally and knowingly given to USCIS or the petition would never have been approved and we know that more false information was contained in the visa applications delivered to the Consulate in furtherance of false pictures painted by the petition. We can read the affirmations above signatures on forms and know the potential consequences of these actions preclude remedies like simply filing again. We cannot help this couple obtain a visa fraudulently and we cannot help them avoid the penalties for the offences they've already been caught committing.

What we can do is help them face the realities of what they've done so they can, between them resolve what they will do going forward without wasting time on futile efforts.

Oh no, here we go again. Look, overall I agree with what you're saying, that we should certainly not be abetting fraud or duplicity, and that we cannot undo past actions that are already done, and that we cannot impose our will and judgment for that of USCIS and other bodies (e.g. Manila embassy).

BUT. BUT. This statement drives me a bit nuts:

intentionally and knowingly

You don't know that. I don't know that. You can suspect that, so may I. But nothing you can say, nothing anyone says here other than perhaps the OP, can confirm or deny whether it was "intentionally and knowingly". We've already had a poster recount their own experience in which they NEARLY fell into such a trap, completing the forms believing that because an ex-spouse had served papers that in fact the divorce was finalized, when it was not. How can you POSSIBLY know that something similar did not happen here, to this OP? You DON'T KNOW. I wish people would stop stating as facts things that are conjectures.

Proving my point. Most of the last now 13 of 16 pages have been about bickering about what is and isn't known. All forms ask about previous marriages. The foreign fiancee's English seems sufficient and she mentions "my previous marriage" in the title of the thread, indicating information about a previous marriage was knowingly and intentionally misrepresented. If there was any misunderstanding or confusion involved it relates the consequences, not the actions themselves. Ignorance of consequences may mitigate some of the penalties but not erase the responsibility for the offense.

That said, you long ago post was sound advice but their chances of success with a second I-129F are none and no way, IMO.

Edited February 8, 2009 by pushbrk

[Peikko 1,575]

I don't think it takes much examination to see that most of the last 12 pages consist of bickering over whether we know what we know and/or whether and how we should communicate what we know or think we know. When we use our understanding of the forms and process, we need not be a fly on the wall to know false information was intentionally and knowingly given to USCIS or the petition would never have been approved and we know that more false information was contained in the visa applications delivered to the Consulate in furtherance of false pictures painted by the petition. We can read the affirmations above signatures on forms and know the potential consequences of these actions preclude remedies like simply filing again. We cannot help this couple obtain a visa fraudulently and we cannot help them avoid the penalties for the offences they've already been caught committing.

What we can do is help them face the realities of what they've done so they can, between them resolve what they will do going forward without wasting time on futile efforts.

Oh no, here we go again. Look, overall I agree with what you're saying, that we should certainly not be abetting fraud or duplicity, and that we cannot undo past actions that are already done, and that we cannot impose our will and judgment for that of USCIS and other bodies (e.g. Manila embassy).

BUT. BUT. This statement drives me a bit nuts:

intentionally and knowingly

You don't know that. I don't know that. You can suspect that, so may I. But nothing you can say, nothing anyone says here other than perhaps the OP, can confirm or deny whether it was "intentionally and knowingly". We've already had a poster recount their own experience in which they NEARLY fell into such a trap, completing the forms believing that because an ex-spouse had served papers that in fact the divorce was finalized, when it was not. How can you POSSIBLY know that something similar did not happen here, to this OP? You DON'T KNOW. I wish people would stop stating as facts things that are conjectures.

Proving my point. Most of the last now 13 of 16 pages have been about bickering about what is and isn't known. All forms ask about previous marriages. The foreign fiancee's English seems sufficient and she mentions "my previous marriage" in the title of the thread, indicating information about a previous marriage was knowingly and intentionally misrepresented. If there was any misunderstanding or confusion involved it relates the consequences, not the actions themselves. Ignorance of consequences may mitigate some of the penalties but not erase the responsibility for the offense.

That said, you long ago post was sound advice but their chances of success with a second I-129F are none and no way, IMO.

That's your OPINION and not a fact as you don't actually work for USICS now do you? My message to the OP, (if the OP ever returns which I would somewhat doubt), get your annulment and re file. Let USICS judge what penalties to impose, not the members of VJ who are normally very well intentioned but sometimes get carried away on technicalities.

Good luck OP.

[GloriaLuvsMoto2 0]

I don't think it takes much examination to see that most of the last 12 pages consist of bickering over whether we know what we know and/or whether and how we should communicate what we know or think we know. When we use our understanding of the forms and process, we need not be a fly on the wall to know false information was intentionally and knowingly given to USCIS or the petition would never have been approved and we know that more false information was contained in the visa applications delivered to the Consulate in furtherance of false pictures painted by the petition. We can read the affirmations above signatures on forms and know the potential consequences of these actions preclude remedies like simply filing again. We cannot help this couple obtain a visa fraudulently and we cannot help them avoid the penalties for the offences they've already been caught committing.

What we can do is help them face the realities of what they've done so they can, between them resolve what they will do going forward without wasting time on futile efforts.

Oh no, here we go again. Look, overall I agree with what you're saying, that we should certainly not be abetting fraud or duplicity, and that we cannot undo past actions that are already done, and that we cannot impose our will and judgment for that of USCIS and other bodies (e.g. Manila embassy).

BUT. BUT. This statement drives me a bit nuts:

intentionally and knowingly

You don't know that. I don't know that. You can suspect that, so may I. But nothing you can say, nothing anyone says here other than perhaps the OP, can confirm or deny whether it was "intentionally and knowingly". We've already had a poster recount their own experience in which they NEARLY fell into such a trap, completing the forms believing that because an ex-spouse had served papers that in fact the divorce was finalized, when it was not. How can you POSSIBLY know that something similar did not happen here, to this OP? You DON'T KNOW. I wish people would stop stating as facts things that are conjectures.

Proving my point. Most of the last now 13 of 16 pages have been about bickering about what is and isn't known. All forms ask about previous marriages. The foreign fiancee's English seems sufficient and she mentions "my previous marriage" in the title of the thread, indicating information about a previous marriage was knowingly and intentionally misrepresented. If there was any misunderstanding or confusion involved it relates the consequences, not the actions themselves. Ignorance of consequences may mitigate some of the penalties but not erase the responsibility for the offense.

That said, you long ago post was sound advice but their chances of success with a second I-129F are none and no way, IMO.

Push... this have been a very interesting topic for me... and im just wondering.. what exactly could happen to their petition perce if..

1. If she have mentioned her former marriage to G325 when they filled it before.. and just failed to submit the annulment decree.. Will they be allowed to make appeal? or will it be ok for them to re file a petition?

2. if they failed to declare it either intentional or not. Would this realy mean an automatic ban for her?

What do u think is the best option for them now?

im concerned that why iam asking...thank you

Edited February 8, 2009 by GloriaLuvsMoto2

[pushbrk 12,882]

I don't think it takes much examination to see that most of the last 12 pages consist of bickering over whether we know what we know and/or whether and how we should communicate what we know or think we know. When we use our understanding of the forms and process, we need not be a fly on the wall to know false information was intentionally and knowingly given to USCIS or the petition would never have been approved and we know that more false information was contained in the visa applications delivered to the Consulate in furtherance of false pictures painted by the petition. We can read the affirmations above signatures on forms and know the potential consequences of these actions preclude remedies like simply filing again. We cannot help this couple obtain a visa fraudulently and we cannot help them avoid the penalties for the offences they've already been caught committing.

What we can do is help them face the realities of what they've done so they can, between them resolve what they will do going forward without wasting time on futile efforts.

Oh no, here we go again. Look, overall I agree with what you're saying, that we should certainly not be abetting fraud or duplicity, and that we cannot undo past actions that are already done, and that we cannot impose our will and judgment for that of USCIS and other bodies (e.g. Manila embassy).

BUT. BUT. This statement drives me a bit nuts:

intentionally and knowingly

You don't know that. I don't know that. You can suspect that, so may I. But nothing you can say, nothing anyone says here other than perhaps the OP, can confirm or deny whether it was "intentionally and knowingly". We've already had a poster recount their own experience in which they NEARLY fell into such a trap, completing the forms believing that because an ex-spouse had served papers that in fact the divorce was finalized, when it was not. How can you POSSIBLY know that something similar did not happen here, to this OP? You DON'T KNOW. I wish people would stop stating as facts things that are conjectures.

Proving my point. Most of the last now 13 of 16 pages have been about bickering about what is and isn't known. All forms ask about previous marriages. The foreign fiancee's English seems sufficient and she mentions "my previous marriage" in the title of the thread, indicating information about a previous marriage was knowingly and intentionally misrepresented. If there was any misunderstanding or confusion involved it relates the consequences, not the actions themselves. Ignorance of consequences may mitigate some of the penalties but not erase the responsibility for the offense.

That said, you long ago post was sound advice but their chances of success with a second I-129F are none and no way, IMO.

Push... this have been a very interesting topic for me... and im just wondering.. what exactly could happen to their petition perce if..

1. If she have mentioned her former marriage to G325 when they filled it before.. and just failed to submit the annulment decree.. Will they be allowed to make appeal? or will it be ok for them to re file a petition?

2. if they failed to declare it either intentional or not. Would this realy mean an automatic ban for her?

What do u think is the best option for them now?

im concerned that why iam asking...thank you

If they got a petition approved, they did so by omitting mention of a previous marriage because if there had been one mentioned, no petition would have been approved without evidence the marriage was terminated by death, divorce or annullment. Whether by ommission or false declaration, this constitutes misrepresentation of a material fact. As already stated, the penalty is a ban on visa approval and entry to the USA. The only ban mentioned for misrepresentation is a permanent one but I'm not a judge, so I allow it's possible for some penalty short of a lifetime ban.

I think their best option is to abandon any attempt to obtain a visa to the USA for the beneficiary and get on with their lives the best they can. I have no idea what that means to the couple, because I don't know enough to know whether building a life together outside the USA is a viable option for them.

You don't simply fail to mention a previous marriage. You fail to answer a question truthfully, meaning your answer is a lie, not a mistake.

That's your OPINION and not a fact as you don't actually work for USICS now do you? My message to the OP, (if the OP ever returns which I would somewhat doubt), get your annulment and re file. Let USICS judge what penalties to impose, not the members of VJ who are normally very well intentioned but sometimes get carried away on technicalities.

Good luck OP.

If working for the USCIS is the standard for knowing anything about the visa process, then VJ might as well be shut down immediately.

The OP has returned to the thread without posting. Um, yes, I know that.

[Sinergy 3]

I don't think it takes much examination to see that most of the last 12 pages consist of bickering over whether we know what we know and/or whether and how we should communicate what we know or think we know. When we use our understanding of the forms and process, we need not be a fly on the wall to know false information was intentionally and knowingly given to USCIS or the petition would never have been approved and we know that more false information was contained in the visa applications delivered to the Consulate in furtherance of false pictures painted by the petition. We can read the affirmations above signatures on forms and know the potential consequences of these actions preclude remedies like simply filing again. We cannot help this couple obtain a visa fraudulently and we cannot help them avoid the penalties for the offences they've already been caught committing.

What we can do is help them face the realities of what they've done so they can, between them resolve what they will do going forward without wasting time on futile efforts.

Oh no, here we go again. Look, overall I agree with what you're saying, that we should certainly not be abetting fraud or duplicity, and that we cannot undo past actions that are already done, and that we cannot impose our will and judgment for that of USCIS and other bodies (e.g. Manila embassy).

BUT. BUT. This statement drives me a bit nuts:

intentionally and knowingly

You don't know that. I don't know that. You can suspect that, so may I. But nothing you can say, nothing anyone says here other than perhaps the OP, can confirm or deny whether it was "intentionally and knowingly". We've already had a poster recount their own experience in which they NEARLY fell into such a trap, completing the forms believing that because an ex-spouse had served papers that in fact the divorce was finalized, when it was not. How can you POSSIBLY know that something similar did not happen here, to this OP? You DON'T KNOW. I wish people would stop stating as facts things that are conjectures.

Proving my point. Most of the last now 13 of 16 pages have been about bickering about what is and isn't known. All forms ask about previous marriages. The foreign fiancee's English seems sufficient and she mentions "my previous marriage" in the title of the thread, indicating information about a previous marriage was knowingly and intentionally misrepresented. If there was any misunderstanding or confusion involved it relates the consequences, not the actions themselves. Ignorance of consequences may mitigate some of the penalties but not erase the responsibility for the offense.

That said, you long ago post was sound advice but their chances of success with a second I-129F are none and no way, IMO.

Push... this have been a very interesting topic for me... and im just wondering.. what exactly could happen to their petition perce if..

1. If she have mentioned her former marriage to G325 when they filled it before.. and just failed to submit the annulment decree.. Will they be allowed to make appeal? or will it be ok for them to re file a petition?

2. if they failed to declare it either intentional or not. Would this realy mean an automatic ban for her?

What do u think is the best option for them now?

im concerned that why iam asking...thank you

If they got a petition approved, they did so by omitting mention of a previous marriage because if there had been one mentioned, no petition would have been approved without evidence the marriage was terminated by death, divorce or annullment. Whether by ommission or false declaration, this constitutes misrepresentation of a material fact. As already stated, the penalty is a ban on visa approval and entry to the USA. The only ban mentioned for misrepresentation is a permanent one but I'm not a judge, so I allow it's possible for some penalty short of a lifetime ban.

I think their best option is to abandon any attempt to obtain a visa to the USA for the beneficiary and get on with their lives the best they can. I have no idea what that means to the couple, because I don't know enough to know whether building a life together outside the USA is a viable option for them.

You don't simply fail to mention a previous marriage. You fail to answer a question truthfully, meaning your answer is a lie, not a mistake.

That's your OPINION and not a fact as you don't actually work for USICS now do you? My message to the OP, (if the OP ever returns which I would somewhat doubt), get your annulment and re file. Let USICS judge what penalties to impose, not the members of VJ who are normally very well intentioned but sometimes get carried away on technicalities.

Good luck OP.

If working for the USCIS is the standard for knowing anything about the visa process, then VJ might as well be shut down immediately.

The OP has returned to the thread without posting. Um, yes, I know that.

I honestly think you have made your point more than needed in this thread as i have. Why even bother to continue really. There are others who need help and advice that wont stick up for "lieing and fraud"....lets go

[PlatyPius 5]

Hi..

We are hoping to receive the devorse decree this month i was trying reseting my interview for 3x..

and i cant reset it on the date of my interview..so i was hoping and trying to get some instruction to what i can do,

but the sad thing is they denied me

I just wanna say thank you for the feedback... so if ever i file for another application for petition do i need to gathered again all

my documents b'coz the embassy took all my recent documents..so i have no new to add as evidence..

one more question is... is there any months or time line before you applying for another petition after you got denied? or you can apply the

new petition anytime?

tnx again!

You can file a new petition as soon as you have the documents ready.

How is it this petition was approved when one of you was not free to marry? This is a critical question because of there has been a material misrepresentation, you may have a whole other set of problems with the second petition.

Classic pushbrk.

Saying exactly what others before him have said, but wording it differently so that he can later claim to be the Giver of Information.

Berk.

[scandal 951]

That said, you long ago post was sound advice but their chances of success with a second I-129F are none and no way, IMO.

See? Those 3 letters 'IMO' really do make it all better. It just takes the judgmental edge off the phrase they complete. It doesn't negate the thrust of your statement, just makes it clear that it's an opinion, not a fact. Makes all the difference in the world. IMO, of course

Push, more seriously, I'd really be interested in your view of the one actual tangible case study that was shared on this thread, other than OP's. It was posted by sus and I don't recall seeing your reaction to it, or anyone else (other than mine). I think it's very germane to the case at hand. I'll quote the relevant bit here:

Let me give you another scenario - My own - because had I not know what I know about the process and the law, I would be in this exact position. When my fiance and I started talking about filing and gathering the documentation, I told him we needed a copy of his divorce decree. He gave me what he had - he was divorced in 2004 (he thought) - I work in the legal field (not immigration, typically), and I looked at it and realized it wasn't a final dissolution - it was the original process. He thought he was divorced - his ex had served him, he thought it was done - When we tried to get a copy of the decree, it turned out that she never did it - she just served him and dropped it. So he had to hire an attorney and file for the divorce, and we are still (somewhat impatiently) waiting for the decree. If I didn't understand the legal documents, I could easily have filed, put the date of the petition on there, and gone forward with this process, thinking yes, he was divorced. In fact, he wasn't and I would have been in this same situation - Without knowingly committing fraud.

Suppose for a moment, hypothetically, that sus and her fiance had not realized the divorce was not final prior to filing I-129F petition. If they had gone through with it, putting in "divorced" for status of beneficiary, and supplying a date, it probably would have passed through USCIS and NVC processing and arrived at consulate. Most likely, it would be detected at that point because consulate would demand documentation of divorce, and at that point the application would be denied.

However my question to you is - do you think they would also be banned from refiling in such a (hypothetical) case? There was no intent to defraud here. In my view the appropriate penalty would be denial of the first filing, but no ban on making subsequent petitions. Curious to know if you agree/disagree.

[Sinergy 3]

That said, you long ago post was sound advice but their chances of success with a second I-129F are none and no way, IMO.

See? Those 3 letters 'IMO' really do make it all better. It just takes the judgmental edge off the phrase they complete. It doesn't negate the thrust of your statement, just makes it clear that it's an opinion, not a fact. Makes all the difference in the world. IMO, of course

Push, more seriously, I'd really be interested in your view of the one actual tangible case study that was shared on this thread, other than OP's. It was posted by sus and I don't recall seeing your reaction to it, or anyone else (other than mine). I think it's very germane to the case at hand. I'll quote the relevant bit here:

Let me give you another scenario - My own - because had I not know what I know about the process and the law, I would be in this exact position. When my fiance and I started talking about filing and gathering the documentation, I told him we needed a copy of his divorce decree. He gave me what he had - he was divorced in 2004 (he thought) - I work in the legal field (not immigration, typically), and I looked at it and realized it wasn't a final dissolution - it was the original process. He thought he was divorced - his ex had served him, he thought it was done - When we tried to get a copy of the decree, it turned out that she never did it - she just served him and dropped it. So he had to hire an attorney and file for the divorce, and we are still (somewhat impatiently) waiting for the decree. If I didn't understand the legal documents, I could easily have filed, put the date of the petition on there, and gone forward with this process, thinking yes, he was divorced. In fact, he wasn't and I would have been in this same situation - Without knowingly committing fraud.

Suppose for a moment, hypothetically, that sus and her fiance had not realized the divorce was not final prior to filing I-129F petition. If they had gone through with it, putting in "divorced" for status of beneficiary, and supplying a date, it probably would have passed through USCIS and NVC processing and arrived at consulate. Most likely, it would be detected at that point because consulate would demand documentation of divorce, and at that point the application would be denied.

However my question to you is - do you think they would also be banned from refiling in such a (hypothetical) case? There was no intent to defraud here. In my view the appropriate penalty would be denial of the first filing, but no ban on making subsequent petitions. Curious to know if you agree/disagree.

But how do you not realize something like that? normally you have to go to court...and if you dont...you always have papers stating it was final. So not realizing a divorse/annulment is not final...does not even make sense.

[Peikko 1,575]

I don't think it takes much examination to see that most of the last 12 pages consist of bickering over whether we know what we know and/or whether and how we should communicate what we know or think we know. When we use our understanding of the forms and process, we need not be a fly on the wall to know false information was intentionally and knowingly given to USCIS or the petition would never have been approved and we know that more false information was contained in the visa applications delivered to the Consulate in furtherance of false pictures painted by the petition. We can read the affirmations above signatures on forms and know the potential consequences of these actions preclude remedies like simply filing again. We cannot help this couple obtain a visa fraudulently and we cannot help them avoid the penalties for the offences they've already been caught committing.

What we can do is help them face the realities of what they've done so they can, between them resolve what they will do going forward without wasting time on futile efforts.

Oh no, here we go again. Look, overall I agree with what you're saying, that we should certainly not be abetting fraud or duplicity, and that we cannot undo past actions that are already done, and that we cannot impose our will and judgment for that of USCIS and other bodies (e.g. Manila embassy).

BUT. BUT. This statement drives me a bit nuts:

intentionally and knowingly

You don't know that. I don't know that. You can suspect that, so may I. But nothing you can say, nothing anyone says here other than perhaps the OP, can confirm or deny whether it was "intentionally and knowingly". We've already had a poster recount their own experience in which they NEARLY fell into such a trap, completing the forms believing that because an ex-spouse had served papers that in fact the divorce was finalized, when it was not. How can you POSSIBLY know that something similar did not happen here, to this OP? You DON'T KNOW. I wish people would stop stating as facts things that are conjectures.

Proving my point. Most of the last now 13 of 16 pages have been about bickering about what is and isn't known. All forms ask about previous marriages. The foreign fiancee's English seems sufficient and she mentions "my previous marriage" in the title of the thread, indicating information about a previous marriage was knowingly and intentionally misrepresented. If there was any misunderstanding or confusion involved it relates the consequences, not the actions themselves. Ignorance of consequences may mitigate some of the penalties but not erase the responsibility for the offense.

That said, you long ago post was sound advice but their chances of success with a second I-129F are none and no way, IMO.

Push... this have been a very interesting topic for me... and im just wondering.. what exactly could happen to their petition perce if..

1. If she have mentioned her former marriage to G325 when they filled it before.. and just failed to submit the annulment decree.. Will they be allowed to make appeal? or will it be ok for them to re file a petition?

2. if they failed to declare it either intentional or not. Would this realy mean an automatic ban for her?

What do u think is the best option for them now?

im concerned that why iam asking...thank you

If they got a petition approved, they did so by omitting mention of a previous marriage because if there had been one mentioned, no petition would have been approved without evidence the marriage was terminated by death, divorce or annullment. Whether by ommission or false declaration, this constitutes misrepresentation of a material fact. As already stated, the penalty is a ban on visa approval and entry to the USA. The only ban mentioned for misrepresentation is a permanent one but I'm not a judge, so I allow it's possible for some penalty short of a lifetime ban.

I think their best option is to abandon any attempt to obtain a visa to the USA for the beneficiary and get on with their lives the best they can. I have no idea what that means to the couple, because I don't know enough to know whether building a life together outside the USA is a viable option for them.

You don't simply fail to mention a previous marriage. You fail to answer a question truthfully, meaning your answer is a lie, not a mistake.

That's your OPINION and not a fact as you don't actually work for USICS now do you? My message to the OP, (if the OP ever returns which I would somewhat doubt), get your annulment and re file. Let USICS judge what penalties to impose, not the members of VJ who are normally very well intentioned but sometimes get carried away on technicalities.

Good luck OP.

If working for the USCIS is the standard for knowing anything about the visa process, then VJ might as well be shut down immediately.

The OP has returned to the thread without posting. Um, yes, I know that.

Can you get any more silly? It's not a question of what you know about the visa process it's a question of you, and others rendering a judgment based on knowledge you don't posses. It's perfectly ok to speculate on the various proceedures and to give an opinion as to what might happen given X, Y and Z criteria but quite another to tell the OP or anyone else who comes here for genuine advice in no uncertain terms that they are fraudulant liars and stand no chance of ever having any petition approved.

I am quite sure you could see the difference if you would just take the log out of your eye.

[desert_fox 32]

the only thing that hsn't been stated in this thread is that Pushbck

[Sinergy 3]

the only thing that hsn't been stated in this thread is that Pushbck

[Loolie 56]

hi pushbrk,

you have so much knowlegde and i am amazed about that..but to tell you what your not helping anymore to the couple..once is enough and you dont need to keep on repeating it over and over again...do you think she would like to read everything we said here thats all REPEATS with what they are both feeling now...the emotional stress your adding to them...dont you think of that? dont you have even a heart to feel that and you just keep on saying what you think is right...please try to have some consideration here..every person is different so please burry this issue already..

i dont think she needs so much of your knowledge..she needs prayers now more than your knowledge..thank you.

God bless you pushbrk and to everyone here in the forum.