Can this come back to bite us???

[justashooter 430]

Justashooter,

I honestly appreciate ur contributions, but passing a judgemnet on me and speaking for everybody else in the forum was a bit high-handed. I did make a mistake in the past and am only trying to make the best out of an already bad one. The best you can do is tell me what you think of my situation and not condemn me.

What i did was an act of desperation to be with my husband and not out of some craziness to be in the States by hook or crook.

Thank you for your contributions though but saying no sympathy from everyone else, is not in your place.

Pls anyone with info for me , feel free to reply to these posts. thanks.

USCIS does not care how desperate you felt you were. they care about whether you are willing to tell the truth and abide by the law as it is written. there are already enough people in my country who do not follow the rules. the jails are full. if you are denied because of your own actions, you will be just like them, unable to walk in my society freely.

it it harsh to speak the truth? is it "judgemental"? sure, but you are best served by such words, as are all the people who will read this thread and think "hey, it's just the rules, maybe i can break them and not get caught, because i'm desperate"... truth is truth, and avoiding it will only increase the trouble one faces, as you are just now realising. fault me for telling you and anyone else who reads this "the truth".

desperate? lemme tell you about a moment of desperation.

when i was 28 i was sailing on the atlantic coast at a particularly rough spot that is known for it's history of shipwrecks. i was on a small boat with a 12 year old boy. in a swell i was washed overboard and my life jacket was pulled from me. when i fought my way to the surface and rose in the 10 foot swell i was able to see a distance. i saw that my life jacket was 20 yards away and headed toward the beach, which was a few miles away. the boat and the 12 year old kid were going in the other direction at a fast clip, with no land in sight for 100 miles.

in that moment i had a decision to make. i could either save myself, or put aside my own safety in an attempt to reach the boat in the interest of saving the child. in that moment i decided my own life was worth less than his. at the top of the next swell i yelled for him to put the sail in the water and began swimming. by the time i reached the boat i was exhausted, and barely alive. within a 15 minutes i was able to raise the sail and turn us toward shore.

lessons learned? never sail single handed in waters you don't know well. always have your life jacket straps tight enough. always make the decision that puts the interest of the group in priority, regardless of the cost to yourself. what desperation were you facing? you were facing a 3-5 year wait. what have you put at risk by trying to save yourself? your future, and that of your children and husband.

if you're going to come to America, expect to play by the rules right from the start. anything less is gonna cost you.

[nycgirl 13]

USCIS does not care how desperate you felt you were. they care about whether you are willing to tell the truth and abide by the law as it is written. there are already enough people in my country who do not follow the rules. the jails are full. if you are denied because of your own actions, you will be just like them, unable to walk in my society freely.

it it harsh to speak the truth? is it "judgemental"? sure, but you are best served by such words, as are all the people who will read this thread and think "hey, it's just the rules, maybe i can break them and not get caught, because i'm desperate"... truth is truth, and avoiding it will only increase the trouble one faces, as you are just now realising. fault me for telling you and anyone else who reads this "the truth".

desperate? lemme tell you about a moment of desperation.

when i was 28 i was sailing on the atlantic coast at a particularly rough spot that is known for it's history of shipwrecks. i was on a small boat with a 12 year old boy. in a swell i was washed overboard and my life jacket was pulled from me. when i fought my way to the surface and rose in the 10 foot swell i was able to see a distance. i saw that my life jacket was 20 yards away and headed toward the beach, which was a few miles away. the boat and the 12 year old kid were going in the other direction at a fast clip, with no land in sight for 100 miles.

in that moment i had a decision to make. i could either save myself, or put aside my own safety in an attempt to reach the boat in the interest of saving the child. in that moment i decided my own life was worth less than his. at the top of the next swell i yelled for him to put the sail in the water and began swimming. by the time i reached the boat i was exhausted, and barely alive. within a 15 minutes i was able to raise the sail and turn us toward shore.

lessons learned? never sail single handed in waters you don't know well. always have your life jacket straps tight enough. always make the decision that puts the interest of the group in priority, regardless of the cost to yourself. what desperation were you facing? you were facing a 3-5 year wait. what have you put at risk by trying to save yourself? your future, and that of your children and husband.

if you're going to come to America, expect to play by the rules right from the start. anything less is gonna cost you.

[VanessaTony 3,567]

Thanks to you all for sparing me a thought.

No, it wasn't really like that. The thing was...

I applied for a normal visit visa, and on the form where they asked about info on spouse, i just used 2 other names for him and used his suname correctly and his birthdate. I didnt submit any fraudulent document as they never asked for it. Yes you did. You filled in and signed the document with fake names (whether they're nicknames or not, they're not your spouses name)

Also, the form asked if my spouse was a LPR and i answered "NO", deliberately as he was yet to receive his hardcopy GC as at then, all he had then was the i-551 stamp in his pport. I was denied then, because i was unable to show strong ties to my country, they said.

It was after then he got his GC, he is now eligible for naturalization come July of this year.

He has since filed i-130 for us since 2006, and now we have gone through all the steps and had just paid our IV bill, all that's left is for us to submit the form D-230 with all civil documents and await our interview date, and need i tell u am worried sick with worry.

PLS PLS PLS help me.

Firstly to everyone else, she wrote ONLY the last name and birthdate correctly. She wrote TWO OTHER NAMES wrong. I don't know where everyone is getting the "middle name only" thing from.

OP, the problem here is the "two other names" you wrote on the name were NOT his legal name (it's like me writing "Ness" for my name when it's a nickname and not my real name) when it's obvious the forms require that. The problem here is they MIGHT notice that the surname and birthdate on your previous application are identical and that the other names are wrong. There are several ways they could look at this and reasons why it could be bad:

1. you lied

2. he lied to you and you didn't know his real name

3. you had an interview and lied when signing the form that it was "true and correct to the best of your knowledge" you made a "material misrepresentation"

Honestly this is a SPOUSE visa that you're going for, and they will see that you tried to visit your "spouse" and were denied... but then they'll see the name for your spouse doesn't match what you put on the recent forms. So either you were married to someone else, or you lied. I'm not sure about the visa you're going for but on my forms there was a part where i had to tick yes or no for "have you been denied a visa". If you ticked "no" here there's another lie. If you ticked yes they will look at the previous records for reasons why you were denied and then most likely notice the differences.

So aside from the name, there's the LPR issue. As his spouse you should have known he was an LPR and they will notice on the form (again most likely) that you ticked no when he WAS an LPR. So again, he either lied to you, or you lied to them. When he got the 551 stamp THAT'S his temp GC till he gets the actual card and he's told that in his interview so there's no "I didn't know" excuse unless your spouse lied to you, or you lied to them.

-----

What you need to be hoping right now is that they DON'T notice any of this but if they do, then yes, you are up for a lifetime ban. If they ASK you must tell the truth.. you really are not in a good position and I would speak with a lawyer ASAP to discuss options and "what if's"

[VanessaTony 3,567]

Also, someone else can correct me here if I'm wrong, but this could also affect your husband... they may or may not decide this was a "joint effort" to defraud the US government... speak with a lawyer to see what they think about this too

As for your children. They are irrelevant. They are USC's by birth but would need a DNA test to prove they're his before they can get passports. Anyone can have someone's kid to try and "get a green-card". it's a less used method but it's been done before so they don't make you more or less likely to be approved.

I really feel bad for you that you're in this position but as stated, the US government doesn't care if you're desperate, they care that you're an honest person no matter what and you've handed them SIGNED proof that you're a liar.. also anything you said in your "visitor visa" interview was recorded.. so i hope you didn't then verbally re-state your lies but i think I remember when I went for my interview they asked me to tell them the name of the person I was visiting...

You COULD be in a lot of trouble. We're all going from what we know are the rules but each situation is different and only a lawyer with all your information can tell you just how bad this really is...

Edited January 29, 2010 by Vanessa&Tony

[Penguin_ie 5,993]

As for your children. They are irrelevant. They are USC's by birth but would need a DNA test to prove they're his before they can get passports. Anyone can have someone's kid to try and "get a green-card". it's a less used method but it's been done before so they don't make you more or less likely to be approved.

Actually, the kids are not USC as the husband was not a USC when they were born, if I have the timeline right.

[VanessaTony 3,567]

Actually, the kids are not USC as the husband was not a USC when they were born, if I have the timeline right.

oh yes. Sorry. You're correct.

[Brother Hesekiel 2,236]

How often have I been punished by Krikit for making a sligthly sarcastic, yet much less judgmental comment!

Yet, here the finger pointing, mud-throwing and selfrightiousness is about to reach an unfortunately climax. None of this is helpful to the O.P., people. She asked a question, and you tell her to kneel down and accept the deadly sword for being a sinner.

Where's Kathrin, where's Krikit on this one? Blissfully looking the other way? What are the rules of the game if they are implied so selectively, I wonder . . .

Edited January 30, 2010 by Just Bob

[NigeriaorBust 4,087]

I can see two ways this can go very bad. Petition 1 has John James Smith as hubby, the second one lists Sam Sidney Smith as hubby. To be given the petition she will need either show her divorce from John James and a subsequent marriage to Sam Sidney or fess up that she lied and swore to it in petition 1 . Take your pick , neither has a happy ending. Maybe she will get lucky and they will ignore it, I doubt it. She should look up the user TATA if that is still her handle and ask about her husbands LIFETIME ban for using Steven then Stephen as a first name.

[samkunle 0]

How often have I been punished by Krikit for making a sligthly sarcastic, yet much less judgmental comment!

Yet, here the finger pointing, mud-throwing and selfrightiousness is about to reach an unfortunately climax. None of this is helpful to the O.P., people. She asked a question, and you tell her to kneel down and accept the deadly sword for being a sinner.

Where's Kathrin, where's Krikit on this one? Blissfully looking the other way? What are the rules of the game if they are implied so selectively, I wonder . . .

Just Bob,

Thanks for your comments. It's a shame that many of the folks here offering their comments are not offering any ideas to help mitigate the problem. For all you guys making self-righteous remarks, you talk as if having a family separated for 4 to 5 years is an easy thing to do for anyone, just for the sake of having the opportunity to live together in the US. I have not taken time to take a look at the profiles of those making comments, but it seems to me that some of you can not identify with an LPR spouse that has been seperated from her husband for 4 to 5 years.

While I have never attempted what the poster did, during my 4 year separation from my family, I admit that I thought of all possible ways (sometimes questionable) of getting my family here, just on visitor visas, but dismissed all ideas because I understood the implications. Unfortunately, the poster was misinformed. You think if she had understood the implications, she would have done it? How many Americans drive under the speed limit because they are just "good and righteous" people, and not because they don't want to be punished with a traffic fine? So please don't make it sound as if LPR spouses that patiently wait for their applications to be approved have done it simply because they are just good and law-abiding people. Many have done it only because they know what could happen if they attempt to take matters into their own hands.

Anyway, while not condoning the actions of the poster, I don't think that the poster came hear to be beaten up on top of her mistakes. She made a mistake. Doesn't make her "evil" and not deserving of a visa for herself and her children to be with her husband after 4 to 5 probably painful years of separation.

I will advise those that have nothing positive to say to just shut up! That is not the purpose of this forum.

[samkunle 0]

Poster,

My advise is that you stay positive and not do anything to complicate the problem by attempting to lie any further. These guys keep records. Lying any further will just be adding fuel to the fire. If the topic is brought up, which chances are pretty high it will be, I suggest you come out clean and admit your mistake. But don't take my word for it, I think it's a good idea you get the advise of an experienced immigration lawyer.

[nycgirl 13]

Just Bob,

Thanks for your comments. It's a shame that many of the folks here offering their comments are not offering any ideas to help mitigate the problem. For all you guys making self-righteous remarks, you talk as if having a family separated for 4 to 5 years is an easy thing to do for anyone, just for the sake of having the opportunity to live together in the US. I have not taken time to take a look at the profiles of those making comments, but it seems to me that some of you can not identify with an LPR spouse that has been seperated from her husband for 4 to 5 years.

While I have never attempted what the poster did, during my 4 year separation from my family, I admit that I thought of all possible ways (sometimes questionable) of getting my family here, just on visitor visas, but dismissed all ideas because I understood the implications. Unfortunately, the poster was misinformed. You think if she had understood the implications, she would have done it? How many Americans drive under the speed limit because they are just "good and righteous" people, and not because they don't want to be punished with a traffic fine? So please don't make it sound as if LPR spouses that patiently wait for their applications to be approved have done it simply because they are just good and law-abiding people. Many have done it only because they know what could happen if they attempt to take matters into their own hands.

Anyway, while not condoning the actions of the poster, I don't think that the poster came hear to be beaten up on top of her mistakes. She made a mistake. Doesn't make her "evil" and not deserving of a visa for herself and her children to be with her husband after 4 to 5 probably painful years of separation.

I will advise those that have nothing positive to say to just shut up! That is not the purpose of this forum.

Hmmmmmm.....interesting. Many many people have come on this forum, asking "Can I ....(fill in the blank).......do something illegal or sneaky, circumvent the rules, knowingly defraud or outsmart USCIS......in order to get myself, my husband, wife or fiance here faster. They posters are shot down as cheats, losers, and evil doers. Many times a mod will respond and let the poster know that this website does not condone illegal activity, and it is not a place to ask for advice on how to defraud the USCIS. Happens ALL THE TIME (and rightfully so).

However, once a person has already done the fraudulent or illegal act, its time to forgive and forget, be nice, be supportive and understanding. Wee bit hypocritical, no?? And Samkunle, you can read timelines all day long....we have all had "waiting" struggles with immigration and we can all identify with the OP to some degree. But the truth of the matter is........some use fraud to overcome their struggle. Some use patience.

Edited January 30, 2010 by nycgirl

[NigeriaorBust 4,087]

The problem is Nigeria tends to not give out visas when you are telling the truth, they look for any reason to deny a visa. They also tend to look for ANY sign that you have committed fraud. There is a high chance that the OP will be caught in her untruths and a high chance that she will be denied. At this point she should be expecting to need legal consul and not trying to proceed on "hoping" it will work out. People have talked about the foreseeable outcomes of her actions and they are not pretty. Denial is only a small issue. The potential for a misrepresentation finding is high. She needs to get a good consult with someone like Marc Ellis , Laura Scott or Heather Poole.

[Kathryn41 3,205]

This is a very difficult situation, and some of the respondents have been very forthright in their replies. Have they been too forthright? Probably not. The OP wants to know if previous misinformation knowingly given by her to immigration officials in order to try and obtain an immigration benefit will come back to haunt her with her current application. Unfortunately - the answer is yes, it almost definitely will, and this is something she does need to know. Misrepresentation is taken very seriously by USCIS, and 'ignorance' of their laws has never been accepted as an excuse. There really isn't any way to sugar coat this, although there is no need to add blame to the OP for other immigration realities.

The best advice that has been given is for her and her husband to consult with an experienced and knowledgeable immigration lawyer. I wish there was some way to offer encouragement that everything will be alright, but as I said above, this is a very difficult situation. I wish you every luck in finding resolution to your problem.

Edited January 30, 2010 by Kathryn41

[Wonderingsoul 0]

Firstly to everyone else, she wrote ONLY the last name and birthdate correctly. She wrote TWO OTHER NAMES wrong. I don't know where everyone is getting the "middle name only" thing from.

OP, the problem here is the "two other names" you wrote on the name were NOT his legal name (it's like me writing "Ness" for my name when it's a nickname and not my real name) when it's obvious the forms require that. The problem here is they MIGHT notice that the surname and birthdate on your previous application are identical and that the other names are wrong. There are several ways they could look at this and reasons why it could be bad:

1. you lied

2. he lied to you and you didn't know his real name

3. you had an interview and lied when signing the form that it was "true and correct to the best of your knowledge" you made a "material misrepresentation"

Honestly this is a SPOUSE visa that you're going for, and they will see that you tried to visit your "spouse" and were denied... but then they'll see the name for your spouse doesn't match what you put on the recent forms. So either you were married to someone else, or you lied. I'm not sure about the visa you're going for but on my forms there was a part where i had to tick yes or no for "have you been denied a visa". If you ticked "no" here there's another lie. If you ticked yes they will look at the previous records for reasons why you were denied and then most likely notice the differences.

So aside from the name, there's the LPR issue. As his spouse you should have known he was an LPR and they will notice on the form (again most likely) that you ticked no when he WAS an LPR. So again, he either lied to you, or you lied to them. When he got the 551 stamp THAT'S his temp GC till he gets the actual card and he's told that in his interview so there's no "I didn't know" excuse unless your spouse lied to you, or you lied to them.

-----

What you need to be hoping right now is that they DON'T notice any of this but if they do, then yes, you are up for a lifetime ban. If they ASK you must tell the truth.. you really are not in a good position and I would speak with a lawyer ASAP to discuss options and "what if's"

Ok ok, thank you all for your contributions, y wont ever know how much u've all made me learn.

Good luck in your quest.

See you at the other end of the wall.

[Krikit 1,164]

Merging two threads.