Can this serve as an early retraction of misrepresentation?

[Wonderingsoul 0]

I applied for a NIV in feb 2006 and didnt write out my hubby's name quite correctly,and also answered "NO" to the question of weather i had my spouse in the US. My hubby has been a LPR since Oct 2005.

The visit visa application was denied because i didn't have strong socio-economic ties to nigeria. We have since had 2 children- a boy and a girl.

In 2006,after the NIV incidence, my hubby applied for "following-to-join" for me and it was approved but on getting to the Lagos consulate, we were told that since my hubby was a 2005 visalottery winner we could only have benefitted from that "following to join" latest by the 30th sept 2005,and since this was 2006,it was too late. Hence we forfeited that money and benefit.

We then went the i130 way in december 2006 and now we have sent in our ds 230 and am now wonderion if the previous NIV answers can be counted against me as material misrepresentation? and can the "following-to-join" application be said to be an early retraction of my initial misrepresentation?

Pls reply this mailwith maturity and dont shoot me down already!

[Chibuogwu 0]

I applied for a NIV in feb 2006 and didnt write out my hubby's name quite correctly,and also answered "NO" to the question of weather i had my spouse in the US. My hubby has been a LPR since Oct 2005.

The visit visa application was denied because i didn't have strong socio-economic ties to nigeria. We have since had 2 children- a boy and a girl.

In 2006,after the NIV incidence, my hubby applied for "following-to-join" for me and it was approved but on getting to the Lagos consulate, we were told that since my hubby was a 2005 visalottery winner we could only have benefitted from that "following to join" latest by the 30th sept 2005,and since this was 2006,it was too late. Hence we forfeited that money and benefit.

We then went the i130 way in december 2006 and now we have sent in our ds 230 and am now wonderion if the previous NIV answers can be counted against me as material misrepresentation? and can the "following-to-join" application be said to be an early retraction of my initial misrepresentation?

Pls reply this mailwith maturity and dont shoot me down already!

It still beats me why people lie and give "us" all a bad name. Of course if your husband was here in the states and you LIED and said he wasn't, that is misrepresentation.

[NigeriaorBust 4,087]

The fact you misrepresented on one application is not covered by the truth on another. The question is if they will pull that information and hold you accountable for it. If they do you may face a lifetime ban and never be allowed to immigrate to the US. On the other hand they may say nothing. The problem is that this isn't your last pass through immigration processes and it could come back to haunt you later. The most important thing is to never lie about what you have done , that would only add one lie on top of another. Just pray that you will be forgiven.

[Wonderingsoul 0]

It still beats me why people lie and give "us" all a bad name. Of course if your husband was here in the states and you LIED and said he wasn't, that is misrepresentation.

Thanksfor the reply. Well, it still beats me to imagine I ever did that. What can I do? the deed had been done. I stay awake every minute of the day hoping i can undo the act. I am so not a bad Nigerian on a given day. I wish...

Of course I know it's misrepresentation, but is it "material" is the question. They kinda have along list of reaching that conclusion of materialty or not.

Edited February 27, 2010 by Wonderingsoul

[momof1 205]

Of course it's material. You obviously(well to me at least) thought that by writing his name incorrectly and saying he wasnt in the US would make your chances of obtaining a non-immigrant visa easier. Why else would you do that? It is in fact material and wilful misrepresentation if the facts are as I understand them.

I've read of a 601 waiver appeal for an Algerian national who wrote on his tourist visa application that he was married in Algeria when he was not. He believed this proved significant ties to his home country and proof that he would not overstay. He overstayed, later marrying a USC and was required to file a waiver of inadmissibility for the misrep. It was eventually denied as was his appeal. I'm telling the story because it is very similar to what you have posted.

Edited February 27, 2010 by momof1

[momof1 205]

Here's the AAO decision I mentioned.

http://www.uscis.gov/err/H2%20-%20Waiver%2...008_06H2212.pdf

[VanessaTony 3,567]

This is a repeat thread. The original, that the OP started Jan 28 here: http://www.visajourney.com/forums/index.ph...=239364&hl=

She KNOWS it's material misrepresentation and that that typically means a lifetime ban. She also DELIBERATELY wrote her husbands name "wrong" and DELIBERATELY wrote he wasn't in the US so that she could gain the Visa to then overstay and AOS. She wrote that he wasn't an LPR when she knew he had had his greencard interview and been approved and had a I-551 stamp, but claimed that she wrote that because he didn't have the physical card that it didn't "count".

As I wrote on that thread, as you mentioned you were married, and you put the correct birth date for your husband but the wrong first names they will most likely look at it more closely. They have on record you're married to X. Now you come and tell them you're married to Y, who happens to have the same surname and date of birth... that will raise red flags because they DO look at prior/current spouse details (there was another post where a guy didn't tell his wife he'd been married 3 times, and had 5 kids she found out at the interview when the embassy told her. She knew about 1 marriage and 2 kids I believe it was). It is most likely that it WILL come back to bite you (as was your previous posts title) but WE can't be sure, you MUST speak with a lawyer.

You should speak with a lawyer ASAP because this is a very difficult case. I'm sorry you're going through it but you can't change what you did, you can only try to fix it.

Good luck.

Edited February 27, 2010 by Vanessa&Tony

[emt103c 10]

You are going to have to file an I-601 hardship waiver. You should go over to www.immigrate2us.net for more information and attorney recommendations. . . you need a GOOD attorney, this will be a difficult case.

[Kathryn41 3,205]

Off topic type of comments are unnecessary and of no use to the OP. Post containing an inappropriate comment has been removed. Please refrain from saying anything if you have nothing useful to add.

Edited February 28, 2010 by Kathryn41

[Wonderingsoul 0]

Off topic type of comments are unnecessary and of no use to the OP. Post containing an inappropriate comment has been removed. Please refrain from saying anything if you have nothing useful to add.

THANKS momof1. Vanesa & Tony, thanks also. Well, I guess, there's no hiding from the fact that we might have to do an I-601. Thanks for refering to that site. It's quite informative.

[momof1 205]

THANKS momof1. Vanesa & Tony, thanks also. Well, I guess, there's no hiding from the fact that we might have to do an I-601. Thanks for refering to that site. It's quite informative.

You're welcome. What's done is done for now, but you do have a chance to fix this. Waivers for misrep are notoriously difficult, but not impossible. You need to present a stellar hardship case in an attempt to overcome those lies. My only suggestion is to please get a very qualified lawyer. We did not use any of the more recommended lawyers for waivers, and we were approved. We had VERY strong hardships because of terrorism in my husband's country and our son's congenital heart condition. We also had a lot to overcome: fraudulent entry, visa overstay, denied asylum claim and deportation. Many things worked in our favor in addition to the strong hardships: husband worked legally with EAD, fraudulent entry was bc he wanted to apply for asylum, no criminal record, deportation was due to a notice to appear during asylum appeals and not anything criminal. I don't want to make it sound like it's a piece of cake because it's not. It's not insurmountable though.

Any help just let me know either here or or at immigrate2us. Good luck!