AP with possible fraud indicators

[KingsWife 4]

hello,my husband and I have been married since April 2010 and I have been to Nigeria 6 times and he has had two interviews,both of which I was there.We are 6 years apart in age(I am older)and have provided my sponsor documents and a co sponsor which both of us make well over the poverty level,all the documentation of our relationship including pictures,emails,phone records,itinerary,letters from both sides even a letter offering my husband a job when he gets here..Anyway,we are now in AP and I have contacted my Congressman's office to see what is going on since we have been in AP since Oct 2011 and have received no word.She was just able last week to find out that we have potential fraud indicators,which are: 1.I was still legally married when my (now)husband and I met.(although we were living in seperate states)2.My husband had applied for a visitors visa back in 2007 before we met and was denied 3.When he went to that interview he allowed a "immigrant consultant" help him with his forms which the man sent in FOR HIM,in which the man lied and said my husband was married and would definately return to Nigeria.(this was obviously not true,but the man assured him they would grant him a visa but never told MY HUSBAND what he had wrote and sent in on his behalf)So,when they asked my husband if he was married(2007) he said no,and of course that did not coincide with what the man had put on the petition that he sent in for him.(HUGE PROBLEM)

Now,we have to try and figure out how to convince the CO that my husband is a good and HONEST man and that he made a mistake in allowing someone else to fill the form for him and that he is truly sorry.

Has anyone ever had to go through AP with any fraud-type issues and if so what was the outcome and how did you convince them that you are not a liar and that it was a mistake??Please Help!!!!

Thank you for your replies in advance.

[romnick 15]

I am so touched by your plights. Your Ex situation shouldnt be much of a big deal provided that you got married to your now husband after the divorced was finalized. Still a red flag though but it can be easily overcome with enough evidence. Previous non immigrant visa denials is also not a problem but the problem is material misrepresentations, this is something the Homeland department doesnt joke or toy with, it is like dancing with the devil in HELL! You will need a divine intervention to come out of this. You are dealing with one of the most difficult consulates in the world but I sincerely believe that there is nothing impossible unto God. He needs to be completely honest at this point and hope for the best in their final decision. I once applied for a visitor's visa as well but was denied and to make the matter worse I was assigned the famous Asia Lady back then. She asked about my previous visa denial and I was completely honest about that but I realized she kept looking at the computer obviously trying to match up my answers and looking for a slip up but at last I came out on top because I said nothing but the truth. It is sad that our past mistakes could be an impediment to our future sometimes. I will keep you in my prayers. Lastly, the age difference is nothing as long as you are still within the child bearing age since that is very important in our culture. My wife is 8 years older and we have our baby and I wasnt even questioned about that during the interview.

Edited April 3, 2012 by romnick

[patient2010 93]

Im with Romnick the age difference, and you being still married,and him being denied a visitors visa are not what is holding u up what is holding you up is the misrepresentation of the 2007 case him allowing someone else to file papers for him and not knowing what the person put unfortunately probably will result in him never coming to the USA not saying that that is what will happen but it is likely.....You are about the 3rd person I know that has had a case where the fiance/husband has attempted to come but has filed previous petitions that stated they were married....Goodluck

[dwheels76 5,469]

Hello I would strongly suggest you post this on http://immigrate2us.net website. They really specialize in 601 waivers and than consult with Laura Scott who is a waiver expert and a member on the site.

Were you told you need to file a I-601 waiver. Here's the self test for that. http://scottimmigration.net/forms/selfTest. . But do give her a ring ( 312)578-1230.

[Boiler 46,102]

It does sound like you will need a waiver for the Misrep.

I doubt that is directly the reason for the AP. Probably something else as well.

[Nijabound 2]

hello,my husband and I have been married since April 2010 and I have been to Nigeria 6 times and he has had two interviews,both of which I was there.We are 6 years apart in age(I am older)and have provided my sponsor documents and a co sponsor which both of us make well over the poverty level,all the documentation of our relationship including pictures,emails,phone records,itinerary,letters from both sides even a letter offering my husband a job when he gets here..Anyway,we are now in AP and I have contacted my Congressman's office to see what is going on since we have been in AP since Oct 2011 and have received no word.She was just able last week to find out that we have potential fraud indicators,which are: 1.I was still legally married when my (now)husband and I met.(although we were living in seperate states)2.My husband had applied for a visitors visa back in 2007 before we met and was denied 3.When he went to that interview he allowed a "immigrant consultant" help him with his forms which the man sent in FOR HIM,in which the man lied and said my husband was married and would definately return to Nigeria.(this was obviously not true,but the man assured him they would grant him a visa but never told MY HUSBAND what he had wrote and sent in on his behalf)So,when they asked my husband if he was married(2007) he said no,and of course that did not coincide with what the man had put on the petition that he sent in for him.(HUGE PROBLEM)

Now,we have to try and figure out how to convince the CO that my husband is a good and HONEST man and that he made a mistake in allowing someone else to fill the form for him and that he is truly sorry.

Has anyone ever had to go through AP with any fraud-type issues and if so what was the outcome and how did you convince them that you are not a liar and that it was a mistake??Please Help!!!!

Thank you for your replies in advance.

Kingwife, It is quite unfortunate that you are dealing with the US Consulate in Nigeria that will be difficult to be convinced based on the evidence avaliable to them at the time of your Husband's visa adjudication process. First of all, the US Consulate will not believe that your Husband was not aware of the information written in the Visitors Visa application and went ahead to signed it. He can only be exonerated from the Misrepresentation if he did not sign the Visitors Visa application but rather be signed by the non Immigrant Consultant. If there is any proof of his signature on the Visitors Visa application in 2007 they will assume that he has prior knowledge of the information application before submitting it to Consulate and it will be an indication of fraud . It will be made known to the USCIS that initially approved the Immigrant visa petition that a new information was found which they were not aware of before making their decision for the initial approval. If the USCIS concurs with the consulate information to revoke the petition,then it may likely to be revoked and send the petitioner a letter of intent to revoke the petition. I dont pray that it happens but if it happens, i will advice you to higher an Immigration Attorney that knows about this kind of proces rather than going through your congressman. The only thing that will happened is that you will be asked to file a waiver of inadmissiblity on behalf of your Husband based on the material misrepresentation at the time of your Husband's visa interview to waive the mispresentation before the Visa will be issued to him . In the other hand, if he did not signed the Visitors application , it can be argued based on the information which he did not signed but rather signed by the Non immigrant consultant which he was not aware of and he did not know the information therein. when it has been established,the Consulate will has no choice but adjudicate your Husband's case based on the Bonafide of your relationship and visa will be issued to him. Note it is very important here -The US Consulate would like to hear consistence information in his immigrant visa interview. Please review and evaluate all statement in his application again and again,with other supporting documentation when they call him again for an interview after their Admin processing.

[Boiler 46,102]

He would back then have to have filled the form out manually, it is now done electronically.

I seem to remember that you are required to swear that the information given is true. And he was the one who handed it in.

I do not believe for a minute he did not know what was in it, unless he can not read, which might be a possible defence.

As far as Lawyers are concerned probably too late. It does remind me of some comments from an Immigration Lawyer on another board. He had set rates for most applications, but not for Lagos. Where Lawyers make their real money is coming in to try and clean up screw ups. Be prepared to bend over.

[NigeriaorBust 4,087]

Lagos is fond of sending out field investigators. They are probably out there looking for records of the missing wife/marriage. Asking peopple where he is from what they know of his current and part marital status. Back in 2007 they have fairly decent records of what he was asked and how he responded during the interview. If he stated yes to any question about being married then he can be in mis representation trouble.

[S_R 148]

I really don't understand what your hubby is saying. Every form has a section to be filled and signed by whoever assisted the applicant. Did the immigration "lawyer" not append his signature to the form in question? If your husband went ahead and signed a form he did not fill personally then he committed material misrepresentation. If the immigration fellow signed on his behalf then that should work in his favor. The question now is ...who signed the forms?

[bdawn 66]

Thne truth is, the blame-game is not going to help. Your husband was aware of every information put on the form and he signed it. Trying to come out clean to win your confidence and trust with the excuse that he didn't see that 'very part' isn't going to help with the case. Getting a vistor visa from Nigerian requires a bunch of documents showing economic ties, social ties, and family ties. Your husband was trying to be smart by putting "married" on the form with the thought of convincing the consular officer he had a family to return to and that he was not going to stay in the U.S given the visa. Trying to verbally say an immigration attorney filed the case for him and that he didn't see he put married there will be like adding fuel to the already burning fire and holding back the fire trucks at the same time. I'll not be blowing smoke up your skirt - it's not going to be easy to overcome this misrepresentation, if possible at all. Material misrepresentation is a very difficult situation to overcome, especially when he has already documented he is married in the previous application and looking for married-based visa. However, talk to a very experienced attorney and have your husband explain everything in detail truthfully. Your congressman has not impact on the case at this point.

Goodluck and God's favor!

[bdawn 66]

3.When he went to that interview he allowed a "immigrant consultant" help him with his forms which the man sent in FOR HIM,in which the man lied and said my husband was married and would definately return to Nigeria.(this was obviously not true,but the man assured him they would grant him a visa but never told MY HUSBAND what he had wrote and sent in on his behalf)So,when they asked my husband if he was married(2007) he said no,and of course that did not coincide with what the man had put on the petition that he sent in for him.(HUGE PROBLEM)

How exactly did the "immigrant consultant" send in the application for him? Applicants for visitor visas are supposed to hand-carry their application and supporting documents to the interview. Nobody by whatsoever mean can "send in" application on behalf of a non-immigrant applicant. The applicant has to appear in person with the application and supporting documents for the interview, no matter who is helping him/her, and your husband's application cannot be any different, except he was granted an exemption from the normal application process for visitor visa applicants. The truth hurts ...someone isn't telling the truth. He's got to be forth-coming with you so you can device a tactful way around the difficulty before you end up being entangled in another lies.

[KingsWife 4]

Thanks for all the input.My husband has already explained what happened to the Embassy and apologized for what he said and did.He sent that in(certified mail) giving every detail of what happened.Now,we have to work on the next step and PRAY even harder than before.With all the evidence we have of a sincere relationship and all of my trips,hopefully they will know that NO ONE is perfect and we have all made mistakes which we regret.

[KingsWife 4]

Edited April 7, 2012 by KingsWife

[Dumb/Dumber 61]

Oh, I sure wish you well. My husband and I have been married since October 16, 2010. We are waiting for a letter of revocation so we can provide more evidence of a bona fide marriage. I pray we get a second chance at an interview. I pray this process is over for us both soon. I feel your pain.

[KingsWife 4]

Thanks hon and I wish you well also.When did he have his interview?Have you received the letter yet?