is this a willful misrepresentation?? plz help

[Kukolka 8]

I think one question asked at the B1 visa interview is being overlooked in this thread.

OP, where you said this:

asked me during the interview if i was single (my answer was : yes),gf? (my answer was :NO)

I take that to mean, the CO asked you 2 separate questions:

CO: "Are you single?"

Joe: "Yes."

CO: "Do you have a girlfriend?"

Joe: "No."

Is this correct?

My opinion is that if you did not consider her your girlfriend at the time because of gf/bf relationships not acceptable in your culture, then it was not a lie and not misrepresentation.

[Operator 1,927]

I'm married to USC and soon is my CR1 visa interview, but the problem is that last summer i was in usa based on B1 visa (tourist 1 entry) to visit my friend(her cousin), after that in x-mas i requested another B1 visa for the same reason, the OP asked me during the interview if i was single (my answer was : yes),gf? (my answer was :NO) and then she smiled to me and told me to return few days later to collect my visa and passport, wasn't my intention to lie or hide the trust but i was confused since our relationship back then was really complicated since her family don't accept a bf/gf relationship neither accept the engagement without the presence of my family (traditional families from middle east )

so my question is that is this consider a willful misrepresentation ? if yes is it serious since i didn't overstay or misused my visa

Did you willfully misrepresent a material fact to procure a visa?

"The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion."

So was your answer to the question "No" because you thought it would be a reason for denial? or was the correct answer to the question "No"?

To your second question "is it serious"? Material misrepresentation = No visa.

I personally think you are fine but if there is a question in your mind it's best to sort all that out prior to your interview.

[Alianza Terps 12]

To me, it seems that at the time that you were issued the tourist visa, you and your current spouse were just friends. After visiting your friend in the U.S., your relationship and love for each other grew which is why you decided to marry, return home and complete the visa process properly. If that is the case, I think that is pretty understandable of how most relationships develop. Just make sure you be consistent with your relationship terminology (using the word 'friends' when discussing the issuance of the tourist visa and how your relationship started and 'spouse' when discussing the current visa and your relationship since your marriage).

[Kathryn41 3,205]

Yes, if he asked if you were single, then you answered correctly. You were not married, therefore, you were single. If he had asked if you were involved with anyone or had a girlfriend and you had said 'no', then you would have been lying, but since he didn't ask that question you didn't have to answer it. You did not need to volunteer the information that you had a girlfriend. Having an 'undisclosed' girlfriend is not grounds for excludability. You are still allowed to have a girlfriend or to be in a relationship if you have a visitors visa as long as you observe the terms of the visa. You did. You remained a visitor and you returned home when the visa expired. This visit was probably one that actually helped to further your relationship so that you ended up married. USCIS likes to see proof of evidence of relationship and visiting prior to getting married helps to establish this as a valid relationship.

Good luck at the interview. You didn't misrepresent yourself in order to get the visa.

[mike42979 57]

But the CO did ask if he had a GF and he answered no which regardless if not allowed to have GF in his culture i bet he still did things a BF and GF would do!

[Kathryn41 3,205]

ah, I missed that 'gf' the first time around.

Yes, then, he lied to the officer. It may or may not be a 'material misrepresentation'. Having a girlfriend is not grounds for exclusion nor a listed reason for denial. The officer may or may not have granted the visa if she had known about the girl friend. It would probably not be considered material misrepresentation but it would still be misrepresentation. It was also given orally and not in writing, which apparently does make a difference as well.

Edited November 25, 2011 by Kathryn41

[Answerseeker 77 2]

Joe the question is if she was the same person who sent you an invite on B1 visa and she is de same person you got married to after 9months and you were askd if u had a girlfriend and you said NO,then i see a red flag comin ya way cos they would if you lied to them,cos between that period she qualifies to be ya gf or fiance and also every answer you giv during a B1 interview is key into their computer for reference. The gud tin you did well was wen askd if you were single you said Yes. But if she was not the one who gave you the invite for your first trip etc then you are cool. But dont worry this is a minor red flag,it could be over looked during ya interview. Just prepare ok. My interview is in dec. Hit me up. Am in TM

I do not think that you would worry too much about this. If they have any questions, they will definetly let you know, then you have the chance to clarify everything as you want them to be. If i were you i would just cross my fingers and get myself busy on something-,,,,,,

[Joe_2012 0]

thank you guys for your help let me clarify few things:

the interview was only 5 min and the officer told me that my visa is approved before she even ask me if i was single and have any girl friend , i didn't have the chance to clarify things out. i was nervous and it wasn't my intention to lie or hide any truth, my b1 visa was issued based on my friend invitation (her cousin) he's my best friend, she was not able to send me an invitation letter back then because her family and specially her father wouldn't like it, so in my head i didn't want to mention anything related to her because i don't want to cause her any problem. the b1 visa was for 5 years multi entry but i only use it once for exactly 12 days, i stayed in a hotel and spend my time with my friend and her and her family and we agreed on the wedding details

Edited November 25, 2011 by Joe_2012

[amanorni 2]

Then you for no worry. You kraa adzen

[EAbbas 213]

thank you guys for your help let me clarify few things:

the interview was only 5 min and the officer told me that my visa is approved before she even ask me if i was single and have any girl friend , i didn't have the chance to clarify things out. i was nervous and it wasn't my intention to lie or hide any truth, my b1 visa was issued based on my friend invitation (her cousin) he's my best friend, she was not able to send me an invitation letter back then because her family and specially her father wouldn't like it, so in my head i didn't want to mention anything related to her because i don't want to cause her any problem. the b1 visa was for 5 years multi entry but i only use it once for exactly 12 days, i stayed in a hotel and spend my time with my friend and her and her family and we agreed on the wedding details

[Operator 1,927]

thank you guys for your help let me clarify few things:

the interview was only 5 min and the officer told me that my visa is approved before she even ask me if i was single and have any girl friend , i didn't have the chance to clarify things out. i was nervous and it wasn't my intention to lie or hide any truth, my b1 visa was issued based on my friend invitation (her cousin) he's my best friend, she was not able to send me an invitation letter back then because her family and specially her father wouldn't like it, so in my head i didn't want to mention anything related to her because i don't want to cause her any problem. the b1 visa was for 5 years multi entry but i only use it once for exactly 12 days, i stayed in a hotel and spend my time with my friend and her and her family and we agreed on the wedding details

In your clarification you are now saying that this trip to the US was to "agree wedding details"?

[EAbbas 213]

In your clarification you are now saying that this trip to the US was to "agree wedding details"?

So this wasn't a trip to just visit your friend it was to arrange the marriage details... then you did misrepresent from what I understand...maybe I'm mistaken or reading it wrong...but that is exactly my perception too.... all I can say is

Edited November 25, 2011 by EAbbas