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Mr&MrsJenkins

Peition for Alien Relative

By Mr&MrsJenkins in Bringing Family Members of US Citizens to America

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Mr&MrsJenkins Apprentice

Mr&MrsJenkins   11

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Hello,

Looking for some advice here. I know someone who came into the U.S. a few years ago through marriage to a US citizen. When she came to indicated on her application form that she had no children. However she does have children under the age of 21 of which she would like to bring to the US to live with her.

Since she lied on her application when she came to the US will the application to bring her children over to the US be denied?

Thanks.

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Brother Hesekiel Mentor

Brother Hesekiel   2,236

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Filed: Other Timeline
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Search for "misrepresentation" on this site and you'll have the answer. If I were to walk in her shoes, I would not open that can of worms.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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garfield529 Community Regular

garfield529   47

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Filed: Citizen (apr) Country: China
 Timeline
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When she came to indicated on her application form that she had no children. However she does have children...

Since she lied on her application when she came to the US....

Thanks.

:unsure: Mmmm...lying during the immigration process is never good. I am curious what more senior members have to say about this, since I have no experience. Why would she lie about having the children? I hope this doesn't prevent her from being able to connect with them in the future...so sad. :blush:

Nov 6, 2009: "I had breakfast in Korea, lunch in Shanghai, and dinner in Chongqing...now I just need to find a squat toilet..."

K1 completion: 03-10-2010, PINK!!!(well..it's orangish)
POE: Chicago/ORD 05-21-2010
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Anh map Grand Master

Anh map   2,098

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Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

This thread here on VJ may shed some light. >> http://www.visajourney.com/forums/index.php?showtopic=233163

I have no idea if the non-listing of the children would matter. aaron2020 has a lot of knowledge regarding bringing family members to the US.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Hello,

Looking for some advice here. I know someone who came into the U.S. a few years ago through marriage to a US citizen. When she came to indicated on her application form that she had no children. However she does have children under the age of 21 of which she would like to bring to the US to live with her.

Since she lied on her application when she came to the US will the application to bring her children over to the US be denied?

Thanks.

Go and get a very good immigration lawyer. Your friend misrepresented herself in her immigration visa application. There are varying degrees of misrepresentation. My guess is that this was probably not a "material misrepresentation" in her application. However, the immigration folks may decide differently. Your friend needs a lawyer.

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JimVaPhuong Veteran

JimVaPhuong   4,863

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Filed: K-1 Visa Country: Vietnam
 Timeline
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Go and get a very good immigration lawyer. Your friend misrepresented herself in her immigration visa application. There are varying degrees of misrepresentation. My guess is that this was probably not a "material misrepresentation" in her application. However, the immigration folks may decide differently. Your friend needs a lawyer.

Agreed. A good lawyer is needed. She's not just risking having the children's visas denied. She's risking having her own status revoked, and being deported.

A misrepresentation is "material" if it ""has a natural tendency to influence or was capable of influencing, the decision of the decision making body to which it was addressed." (Kungys v. United States, 485 U.S. 759, 770 (1988)) Having children does not affect an applicant's eligibility with USCIS, but it may affect a Consular Officer's decision making process in evaluating a relationship for fraud. CO's have been known to look for evidence that the US citizen spouse has developed a relationship with the children of the beneficiary, for example. If they determine that she willfully misrepresented this fact in order to improve her own chances of obtaining a visa, then she may be guilty of fraud and may be deported. If the omission was innocent (e.g., she thought she only had to list the children if they were being included as derivative applicants) then it might be overlooked, but the burden would be on her to prove that it was not a willful omission. From the OP's statement, it sounds like she did this on purpose, knowing full well that she was lying.

It's been stated countless times on VJ, and always bears repeating: Never ever lie to the US government. The consequences if you are caught will be severe.

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Krikit Grand Master

Krikit   1,164

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Filed: Timeline
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Some beneficiaries have omitted the children from their visa application forms as they were not immigrating with the parent and so thought that they need not be listed. I imagine this may be what the person you are speaking about is referring to. I am going to move this thread from Effects of Major Changes to the Bringing Family Members forum. You may be able to get the information you need from there.

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