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

[Chica Yeyé 41]

Yes, but the issue now is whether you and your petitioner lied about whether you were free to marry. Apparently one or both of you did lie in the initial petition. There are serious consequences for lying on immigration forms. The penalties are sometimes as severe as a ten year or lifetime ban from entering the USA.

Exactly right.

[noel_jas 0]

I think what happened here is that the OP assumed that once she gets interviewed her annulment would be final so her petitioner took the risk of applying for K1. USCIS doesn't have a way of knowing whether the beneficiary have a pending annulment case or not. It is the Manila Embassy who can verify this as they require the beneficiary to submit a document indicating her legal capacity to marry and they verify that info to the National Statistics Office (similar to marriage index here in US).

[Loolie 56]

its like fraud....no visa for life.

[Craneman 2]

its like fraud....no visa for life.

You are making this up, RIGHT???????

[payxibka 10,045]

Yes, but the issue now is whether you and your petitioner lied about whether you were free to marry. Apparently one or both of you did lie in the initial petition. There are serious consequences for lying on immigration forms. The penalties are sometimes as severe as a ten year or lifetime ban from entering the USA.

I do not think misrepresentation has a 10 year ban... I think it goes immediately to lifetime

[Craneman 2]

Yes, but the issue now is whether you and your petitioner lied about whether you were free to marry. Apparently one or both of you did lie in the initial petition. There are serious consequences for lying on immigration forms. The penalties are sometimes as severe as a ten year or lifetime ban from entering the USA.

I do not think misrepresentation has a 10 year ban... I think it goes immediately to lifetime

Clear case of visa fraud.

[Chica Yeyé 41]

"Any alien who, by fraud or wilfully misrepresenting a material fact, seeks to procure (or has sought to procure, or has procured) a visa, other documentation, or admission into the US, or any other benefit provided under the Immigration Act, is ineligible for a visa. This includes any alien who falsely represents, or who has falsely represented, himself to be a US citizen."

From my reading of the above, they did misrepresent their ability to marry. Whether they were aware of the law or not is irrelevant. Indeed, it appears to be a lifetime ban.

Edited February 6, 2009 by *Len*

[payxibka 10,045]

"Any alien who, by fraud or wilfully misrepresenting a material fact, seeks to procure (or has sought to procure, or has procured) a visa, other documentation, or admission into the US, or any other benefit provided under the Immigration Act, is ineligible for a visa. This includes any alien who falsely represents, or who has falsely represented, himself to be a US citizen."

From my reading of the above, they did misrepresent their ability to marry. Whether they were aware of the law or not is irrelevant. Indeed, it appears to be a lifetime ban.

I hope the USC is considering a life in the PI or some other country... might be the only way to be together. Ignorance is not a defense.

Edited February 6, 2009 by payxibka

[faryan 4]

wow thats a bummer. not only does the K1 visa cost some $$, annulment in the Phils cost an arm and a leg too.

[Otto 83]

@ OP

How exactly was question #6 - Part B (Marital Status [ ]Married [ ]Single [ ]Widowed [ ]Divorced) on the I-129f petition answered?

[Loolie 56]

wow thats a bummer. not only does the K1 visa cost some $$, annulment in the Phils cost an arm and a leg too.

thats right! plus it will take so long to have final decision...i feel sorry so sorry for what happen to your interview. just try to do something about it. honestly only you can do it...just dont give up.

God bless.

[pushbrk 12,882]

@ OP

How exactly was question #6 - Part B (Marital Status [ ]Married [ ]Single [ ]Widowed [ ]Divorced) on the I-129f petition answered?

That's the first relevant section but then there's section 10 where former spouses and date marriage ended are stated. After that, there's the matter of the original statements indicating they are free to marry and will marry in the USA within 90 days of arrival.

I suspect this is one of those unfortunate misunderstandings, where the petitioner or couple thought, "Well she'll be free to marry before the visa is issued, so we'll just do this....." The unfortunate part is that the result is inadmissibility for misrepresentation.

[Chica Yeyé 41]

"Any alien who, by fraud or wilfully misrepresenting a material fact, seeks to procure (or has sought to procure, or has procured) a visa, other documentation, or admission into the US, or any other benefit provided under the Immigration Act, is ineligible for a visa. This includes any alien who falsely represents, or who has falsely represented, himself to be a US citizen."

From my reading of the above, they did misrepresent their ability to marry. Whether they were aware of the law or not is irrelevant. Indeed, it appears to be a lifetime ban.

I hope the USC is considering a life in the PI or some other country... might be the only way to be together. Ignorance is not a defense.

Well said

[Minya's wife 24]

you should have waited for your decree first before you had your interview...if you receive it try to call the embassy if you can submit it to them and continue the case but i dont think that will work coz you are not really free when you filed so thats a hit.

next time be very careful so you wont go through this over and over again...waste of time, money and it kills you both softly from waiting and waiting and worrying. thats it.

there is no next time. misrepresentation on immigration and visa forms is grounds for permanent bar on emigrating to the US. You do not lie on a government application hoping to be able to be truthful by the time they look at it.

-P

[Minya's wife 24]

I think what happened here is that the OP assumed that once she gets interviewed her annulment would be final so her petitioner took the risk of applying for K1. USCIS doesn't have a way of knowing whether the beneficiary have a pending annulment case or not. It is the Manila Embassy who can verify this as they require the beneficiary to submit a document indicating her legal capacity to marry and they verify that info to the National Statistics Office (similar to marriage index here in US).

Yes, and it is the Manila Embassy (Consulate actually) that makes the determination of misrepresentation and enters the lifetime ban, which equals no visa for life.

-P