K1 Visa and possible misrepresentation of material fact

[SMT 0]

Hi Iam an Indian Citizen and hold a B1/B2 M/E Visa for 10 years. MY Fiancee is an american Citizen by Naturalisation and indian origin. I have a K1 visa coming up shortly at US consulate in India. we both are legally divorced and I have never overstayed any time. My question is,

1. We have a child born out of wedlock in USA and our daughter is american citizen by birth. We didnt have any engagement ceremony either, as we wanted to keep things simple and private but our families know our situation and they accepted and support us. Its very Unusual and very rare to have a child born out of wedlock in Indian traditions and customs. Will the consular officer feel that we are hiding a marriage and give us a212 (6) (a) even when we didnt have an engagement ceremony.

2. Will he issue us a 212 (6) (a) just because he believes it even though there is no documentary evidence for CO to prove a material misrepresentation.

3. If at all if he issues it how should we apply for a waiver.

[payxibka 10,045]

Hi Iam an Indian Citizen and hold a B1/B2 M/E Visa for 10 years. MY Fiancee is an american Citizen by Naturalisation and indian origin. I have a K1 visa coming up shortly at US consulate in India. we both are legally divorced and I have never overstayed any time. My question is,

1. We have a child born out of wedlock in USA and our daughter is american citizen by birth. We didnt have any engagement ceremony either, as we wanted to keep things simple and private but our families know our situation and they accepted and support us. Its very Unusual and very rare to have a child born out of wedlock in Indian traditions and customs. Will the consular officer feel that we are hiding a marriage and give us a212 (6) (a) even when we didnt have an engagement ceremony.

2. Will he issue us a 212 (6) (a) just because he believes it even though there is no documentary evidence for CO to prove a material misrepresentation.

3. If at all if he issues it how should we apply for a waiver.

3) I do not think a waiver for misrepresentation is possible

[Gary and Alla 3,694]

Hi Iam an Indian Citizen and hold a B1/B2 M/E Visa for 10 years. MY Fiancee is an american Citizen by Naturalisation and indian origin. I have a K1 visa coming up shortly at US consulate in India. we both are legally divorced and I have never overstayed any time. My question is,

1. We have a child born out of wedlock in USA and our daughter is american citizen by birth. We didnt have any engagement ceremony either, as we wanted to keep things simple and private but our families know our situation and they accepted and support us. Its very Unusual and very rare to have a child born out of wedlock in Indian traditions and customs. Will the consular officer feel that we are hiding a marriage and give us a212 (6) (a) even when we didnt have an engagement ceremony.

2. Will he issue us a 212 (6) (a) just because he believes it even though there is no documentary evidence for CO to prove a material misrepresentation.

3. If at all if he issues it how should we apply for a waiver.

Are you married? If not, what are worried about? Out of wedlock child birth is common in the USA 9Where you have been living) and a source of income for a large number of welfare mommas.

Waiver for what? If you are married and didn't say so and applied for a K-1, it is visa fraud, there is no waiver for visa fraud (wouldn't THAT be a hoot?) If you are not married, there is no material misrepresentation.

[sachinky 465]

The only way I could see this not working out is if they ask you for pictures of the engagement ceremony and you don't have any. Or if you say that you didn't have any engagement ceremony. That might be a problem since you're petitioning for your FIANCEE. Not your lover, girlfriend, or partner. Not even the mother of your child. Fiancee in this sense, means something.

Somebody please feel free to correct me if I am wrong.

[sara..... 371]

i dont think that they are going to think that your married just because of child born out of wedlock......things happen people are human......

the biggest issue at the embassy is proving u have a real relationship .........having a child together does not mean that they will see that as an on going relationship....that has to be done with pics of u together, emails, chat records phone records.......statement from both sides of parents about the engagement.........

good luck

sara