Filing I-130 with student visa fraud over our heads

[amarachi007 0]

Hello I need to get some clarity on this issue. I am american married to a Nigerian man. Oh we have been married 5 years. Last year we were going to file for a visitor visa. My husband had gone to one of those places in Nigeria that promised great results with what papers to send and file out. They had told him his chances were better if you submitted a student visa they had better chance of success. He paid and well unfortunately he left it all to them went and picked up his papers and took to embassy. Had his interview and was told they needed further investigation.

Well he was denied due to fraud/misrepresentation. The transcripts they changed, financial statement they changed. Why I do not know because his were in good enough order. I guess they getting their money was their goal.My husband had no idea this was changed. All my bank statements and information I needed to submitted for a visa was never used.

Now unless their computer erases the last year they will know about the denial and reason and I am sure this will be a sticky point in the interview process. I am asking what should we do? I mean all he can do is answer honestly "why did you submit fraudulent papers?" and he will state he had no idea of the changes.

I will be filing the I-130 and well hoping don't ask, don't tell' will happen. If they don't bring it up we sure won't. What should we do, prepare for? Any advice would be greatly needed and appreciated.

Thank you

[Kengux 3]

He needs to be honest while answering if the question about the fraudulent documents comes up.

In between, pray for God's favour and mercy.

[Penguin_ie 5,993]

They will have the record of it, and they will ask. The question is only how much trouble he is in, and it is very possible you'll need a good lawyer. It is possible he has a lifetime ban for miss-representation. Did he get given any papers when he was denied, or was anything written in his passport? If so what?

[NigeriaorBust 4,087]

You are asked about prior denied/revoked visas, and why. It is common for Nigerian applicants to have a whole list of denied tourist visas for lack of ties. It is not common to have prior visas denied for fraud/misrepresenation. That charge frequently carries a lifetime ban. If they noted anything in his passport you are probably looking at a big headache and possibly needing a wavier for inadmissability ( you will initially be denied at the interview )

[EAbbas 213]

I wish you the best but I think they may see the situation as he paid for services so why didnt he verify the information on the papers before submitting to embassy....

I don't think I would let anybody obtain my financial info or otherwise and not at least check on the process and the paperwork before submission or signing papers especially ones that are binding legal papers with that much importance.

Like everybody else said he needs to be upfront and honest and say he trusted them but do expect them to ask why he didnt verify the info...probably best to obtain a good lawyer

good luck to you and i wish you the best....

[Ebunoluwa 6,136]

Hello I need to get some clarity on this issue. I am american married to a Nigerian man. Oh we have been married 5 years. Last year we were going to file for a visitor visa. My husband had gone to one of those places in Nigeria that promised great results with what papers to send and file out. They had told him his chances were better if you submitted a student visa they had better chance of success. He paid and well unfortunately he left it all to them went and picked up his papers and took to embassy. Had his interview and was told they needed further investigation.

Well he was denied due to fraud/misrepresentation. The transcripts they changed, financial statement they changed. Why I do not know because his were in good enough order. I guess they getting their money was their goal.My husband had no idea this was changed. All my bank statements and information I needed to submitted for a visa was never used.

Now unless their computer erases the last year they will know about the denial and reason and I am sure this will be a sticky point in the interview process. I am asking what should we do? I mean all he can do is answer honestly "why did you submit fraudulent papers?" and he will state he had no idea of the changes.

I will be filing the I-130 and well hoping don't ask, don't tell' will happen. If they don't bring it up we sure won't. What should we do, prepare for? Any advice would be greatly needed and appreciated.

Thank you

The forms he has to fill out will have questions on denied visas to check mark, so it is not a matter of it not coming up during the interview, he has to check yes or no on the forms for a spousal visa and answer correctly.

They check the data base for everything and with 100% certainty they will know all about his misrepresentation.

Even with a lawyer you won't by pass this. He will be denied for misrepresentation and if not offered by the CO, your lawyer can request a waiver. The waiver is a very complicated process and takes a very long time ( a year or more and gets adjudicated in Accra not Lagos.) Extreme hardship must be proven for the USC and reasons listed of why the beneficiary should be granted a waiver. What is extreme hardship for you is not extreme hardship for them.

No matter whom he hired to do his previous forms and documents, friends or agency, ( typical scenario of fraud ) bottom line it is his responsibility to keep himself informed of the correctness or absence of fraud on the forms when he signs them and took the altered supporting documents ( transcripts, financial statements )to the interview to present them to the CO.

I would also be concerned about your financial bank information being used for future fraud by the same hands and change bank accounts and have an identity alert service for your protection.

If you proceed with a spousal visa you will face a very long and complicated and very expensive visa journey. Most lawyer fees for the waiver alone are between $2000-$4000, not to mention the cost for everything else. There is a waiver section forum here on VJ where you can inform yourself of what lies ahead. You will need a very good attorney who specializes in misrep and waivers, not just any immigration attorney on the next block. Good luck.

[NigeriaorBust 4,087]

Did they make any notation in his passport ? If they did it may give you a clue as to how much trouble he is facing. It would be a combination of numbers and letters ( the section of immigration code they refused him for )

[amarachi007 0]

He needs to be honest while answering if the question about the fraudulent documents comes up.

In between, pray for God's favour and mercy.

Yes I pray also this is such a mess. We just need to get through the process to the interview and well leave it all to God. Thank you

[amarachi007 0]

Actually no stamp on his passport and he was given a letter and it was really very informal, but did state there was no time ban and that he could apply again at anytime. This was back in December 2010.

It's sad because he was initially granted the Visa and they told him o come pick up in about a week than they called him and stated he needed to come in they had sent his papers in for further review. Plane ticket had already been bought and everything we were getting ready to celebrate Christmas together and get married in the States. Than the day before he was to leave they denied him.

I have talked to a couple of lawyers and they said because they didn't restrict a time it should be okay but we still have an uphill climb and I am sure at that point will secure a lawyer. I know I will be there for the interview and I am sure I will have an lawyer with me.

Well I will keep you all posted. Let's all pray for a happy ending coming out of Nigeria. thanks all for your input it really helps. i am going to consult a bona fide lawyer dealing in waivers. Thanks for that tip. I would have just grabbed a immigration attorney.

[amarachi007 0]

Can this thread be closed and moved to the waiver section where?

I think you all for your input again it really was helpful.

[milimelo 4,481]

Can this thread be closed and moved to the waiver section where?

I think you all for your input again it really was helpful.

To close a thread, click on the report button in your last post - then add your request(s) thread closure - move topic to waivers and mods will do it.

If you just want this moved to waivers section, I can do that.

[amarachi007 0]

To close a thread, click on the report button in your last post - then add your request(s) thread closure - move topic to waivers and mods will do it.

If you just want this moved to waivers section, I can do that.

yes please could you move to the I601 waiver section that would be great for me and others thanks. And thank you all for your input.

Oh and for those of you who wanted to know he's the actually email. No letter in mail no call no stamp or writing in passport. They handled it very dryly and impersonal. We had requested a letter on their letterhead so I could submit to airlines for a refund ad they refused.

Subject: RE: Pending Interview

Mr. XXXXXX,

Your application was denied because your university transcripts were

found to be fraudulent. We take fraud very seriously, and find that you

are not qualified to study in the United States for having committed

this fraud.

Fraud Prevention Manager

U.S. Embassy Abuja

Edited August 26, 2011 by amarachi007

[CC90 90]

The only way you'll know for sure is if you apply. What he did is typically considered material misrepresentation, but the embassy may not choose to "charge" him with it. Nonetheless, they're going to be quite suspicious of your marriage considering the circumstances. Why both of you agreed to go with a student visa when he clearly never intended to study is really beyond me...

[CC90 90]

Also, this issue won't come up when you file the I-130. The I-130 has a good chance of being approved if you guys have a legit marriage. The visa, on the other hand, will be the time when this problem will likely come back.

[Sergi9 110]

Actually no stamp on his passport and he was given a letter and it was really very informal, but did state there was no time ban and that he could apply again at anytime. This was back in December 2010.

It's sad because he was initially granted the Visa and they told him o come pick up in about a week than they called him and stated he needed to come in they had sent his papers in for further review. Plane ticket had already been bought and everything we were getting ready to celebrate Christmas together and get married in the States. Than the day before he was to leave they denied him.

I have talked to a couple of lawyers and they said because they didn't restrict a time it should be okay but we still have an uphill climb and I am sure at that point will secure a lawyer. I know I will be there for the interview and I am sure I will have an lawyer with me.

Well I will keep you all posted. Let's all pray for a happy ending coming out of Nigeria. thanks all for your input it really helps. i am going to consult a bona fide lawyer dealing in waivers. Thanks for that tip. I would have just grabbed a immigration attorney.

So in your first post you say you were married in 5 years, in this post you say you were going to get married in the states when he came on a Student VISA, which is also FRAUD....

What is the story and why are you guys doing it this way? Seems you are your own worst enemy in this procedure.

Edited August 26, 2011 by Sergi9