cr1 visa- lied on tourist visa

[pushbrk 12,910]

i dont have tourist visa they denied it

and he realy applied my cr1 visa

They know you applied for a tourist visa and they have the application on file. Expect they'll see you lied about your marital status. They will assume you lied to conceal a fact that would have caused your visa to be denied. You lied intentionally and they will know that. It will count against you. Count on that. The fact that they denied your visa anyway does not change the fact that you lied. This is a serious matter.

[navchusu11 5]

i dont have tourist visa they denied it

and he realy applied my cr1 visa

I know you wanted to be with your Husband earliest possible but "How you tired" was TOTALLY wrong. It does not really matter whether you got the visa or not; their data base still has your information what you filled.

If the Petition is already received by USCIS,then you can't do any thing beside ready for rough road ahead......

[littoral1 15]

yes just be honest , be prepared to answer why you would say you are single when you are married. It might be rough but hopefully it won't stop your Visa. But just be honest and straight forward.

are u sure this will not stop my visa

my husband say relax but i can not i scare too much

[littoral1 15]

Lying to any immigration official is not good. You cannot change what you did. Be honest in the future.

Be prepared to talk about it at the interview. It may not come up, but having an answer prepared is better than being surprised and stressed.

how u know it can not come up

[Penguin_ie 5,994]

how u know it can not come up

That is not what he said. He said it MAY not come up, but I think he is wrong. At the very least, they will give you a hard time about it at interview. Make sure you have a lot of proof with you that the wedding actually happened (photos, cards congratulating you etc). Be prepared for AP (administrative processing) to happen after the interview, IF they do not straight out deny you.

[john_and_marlene 162]

The lie you told will not be the reason for a denial. The misrepresentation would only have been material if you had been granted the tourist visa, but would otherwise have been denied if the truth of your marriage were known. However, you have given them cause to doubt your intentions regarding the marriage. If you are denied the CR1, it will most likely be due to their belief that the marriage was for immigration purposes only. Anything you tell them is now suspect with good reason.

[GlobeHopperMama 95]

The lie you told will not be the reason for a denial. The misrepresentation would only have been material if you had been granted the tourist visa, but would otherwise have been denied if the truth of your marriage were known. However, you have given them cause to doubt your intentions regarding the marriage. If you are denied the CR1, it will most likely be due to their belief that the marriage was for immigration purposes only. Anything you tell them is now suspect with good reason.

I disagree with this a bit. It can still be material even if the visa is denied. I have seen very many cases of this exact scenario, in which marital status was lied about in a tourist visa process, and even when the visa was denied, the later immigrant visa process was complicated by it. Fraud and misrep are both under the same inadmissibility section: INA 212 a 6 c i. This carries a lifetime ban from all visas and for an immigrant visa, you need an approved I-601 waiver to cover it. You absolutely should be talking to a lawyer experienced with fraud/misrep inadmissibility and waivers at foreign consulates. My personal recommendations (due to working with them) are Laura Fernandez and Lizz Cannon, who both offer free consultations, as well as Laurel Scott whose site is linked in my signature. I would definitely talk to them before filling out the DS-230 or DS-260, to make sure whatever you submit puts you in the best situation for your consular interview.

[pushbrk 12,910]

I disagree with this a bit. It can still be material even if the visa is denied. I have seen very many cases of this exact scenario, in which marital status was lied about in a tourist visa process, and even when the visa was denied, the later immigrant visa process was complicated by it. Fraud and misrep are both under the same inadmissibility section: INA 212 a 6 c i. This carries a lifetime ban from all visas and for an immigrant visa, you need an approved I-601 waiver to cover it. You absolutely should be talking to a lawyer experienced with fraud/misrep inadmissibility and waivers at foreign consulates. My personal recommendations (due to working with them) are Laura Fernandez and Lizz Cannon, who both offer free consultations, as well as Laurel Scott whose site is linked in my signature. I would definitely talk to them before filling out the DS-230 or DS-260, to make sure whatever you submit puts you in the best situation for your consular interview.

The lie will complicate the spouse visa process but will not result in a finding of fraud. John and Marlene's post is correct. There will be no finding of fraud because the lie would only be "material" if the visa had been issued. The problem will be that the lie is evidence the relationship is about getting to the USA rather than being bona fide. Lying has consequences, but in this case, not a finding of material misrepresentation.

[AmyWrites 593]

This is Casa and you lied. I'd call a lawyer, this is probably going to negatively affect your visa. At the very least you'll be questioned about it a lot during the interview.

[GlobeHopperMama 95]

The lie will complicate the spouse visa process but will not result in a finding of fraud. John and Marlene's post is correct. There will be no finding of fraud because the lie would only be "material" if the visa had been issued. The problem will be that the lie is evidence the relationship is about getting to the USA rather than being bona fide. Lying has consequences, but in this case, not a finding of material misrepresentation.

Once again, I'm going to disagree based on the following:

INA 212 (a) (6)©(i)

© Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

As to what is a material fact:

For example, it would be a "material" misrepresentation if an applicant for a visitor's visa tells the official at the U.S. Embassy that he is not married when in fact he has a wife who lives in the U.S. That is because he may not really intend to visit, but to live with his wife indefinitely in the U.S. It is a "material" misrepresentation" because the Embassy official might not give him the visitor's visa if she knew that he had a wife in the U.S.

(source)

Regardless of the outcome of the application, the misrepresentation was material when it was made. But don't take it from me, littoral, regardless of whether it is or isn't material, this is very likely to come up in the interview and you should be prepared to address it. Talking to a good lawyer experienced in these issues is the best way to prepare yourself. Edited July 6, 2012 by Carlos and Amy

[rade2rising 205]

dont worry bcoz its not going to help you get the visa thats for sure

concentrate on getting your paperwork together and if asked then answer as truthfully as possible.

its all you can do now...

[Ebunoluwa 6,136]

I agree with Carlos and Amy 100%.

Edited July 6, 2012 by Ebunoluwa

[Ebunoluwa 6,136]

It is a material misrepresentation and the applicant will be given a 221g with the markers 221g (a) (6) © (i)and be refused. You really need a lawyer now before filing to give you a better chance of succeeding. Meanwhile study waivers for misrepresentation on this site and on immigrate2us.net.

You have a lot of research to do and hardship letters to study. Sorry, but this will be very difficult and costly and take a very long time.

I rather tell you like it is and not sugar coat it so you will know what is ahead. You need a plan with an attorney. The above suggested attorneys

are very good. Careful, don't get any lawyer who is not experienced in misrep/waivers. Laurel Scott has free online chats you can participate in and read the archives. You don't need worry...you need a well thought out action plan.

[bsd058 296]

Material misrepresentation is not necessarily fraud. Fraud is the willfull misrepresentation of a material fact. A fact is material if when you apply for a visa, the decision on the visa could be changed based on that fact alone or combined with other facts on the application. For instance, your marital status is material if USCIS would have denied you based upon the marital status (whether or not they denied you for other reasons). So assuming they approved you based on your previous application, if your marital status would have changed or influenced that decision in any way, then the fact is material. They did not approve you, but that does not mean the facts you represented in the application were not material. An example of a fact that is not material to the application is the date of signature. The date you signed the application would not influence the decision on your visa as to whether or not you were admissable, assuming the date was off by only a few days.

So the main question is, was this misrepresentation on the tourist visa intentional or was it a mistake? If it was not intentional, the onus is on you to prove that it wasn't. You can provide evidence if you applied for the visa while you were single but your status changed after you applied. Or you can show that you misunderstood the application because you were living alone at the time and you didn't realize that you had to put married. Or you can just tell them that you accidentally put your status as single out of habit because you were just recently married. You need to have a good reason for why the status on your tourist visa was incorrect. If the mistake wasn't intentional, then it wasn't fraudulent; it was merely a material misrepresentation and there is nothing dishonest about that.

I understand that there seems to be a small language barrier. Perhaps when you said you lied, you meant you misrepresented yourself by accident. I don't know. Only you can know that. If you lied, then it's fraud and you might not get to move to the US.

Edited July 6, 2012 by bsd058

[rade2rising 205]

Material misrepresentation is not necessarily fraud. Fraud is the willfull misrepresentation of a material fact. A fact is material if when you apply for a visa, the decision on the visa could be changed based on that fact alone or combined with other facts on the application. For instance, your marital status is material if USCIS would have denied you based upon the marital status (whether or not they denied you for other reasons). So assuming they approved you based on your previous application, if your marital status would have changed or influenced that decision in any way, then the fact is material. They did not approve you, but that does not mean the facts you represented in the application were not material. An example of a fact that is not material to the application is the date of signature. The date you signed the application would not influence the decision on your visa as to whether or not you were admissable, assuming the date was off by only a few days.

So the main question is, was this misrepresentation on the tourist visa intentional or was it a mistake? If it was not intentional, the onus is on you to prove that it wasn't. You can provide evidence if you applied for the visa while you were single but your status changed after you applied. Or you can show that you misunderstood the application because you were living alone at the time and you didn't realize that you had to put married. Or you can just tell them that you accidentally put your status as single out of habit because you were just recently married. You need to have a good reason for why the status on your tourist visa was incorrect. If the mistake wasn't intentional, then it wasn't fraudulent; it was merely a material misrepresentation and there is nothing dishonest about that.

I understand that there seems to be a small language barrier. Perhaps when you said you lied, you meant you misrepresented yourself by accident. I don't know. Only you can know that. If you lied, then it's fraud and you might not get to move to the US.

gr8 info