cr1 visa- lied on tourist visa

[bsd058 296]

gr8 info

Thanks. Contract law terms that I keep having to memorize over and over again (for the past 5 years) for new designations are starting to come in handy.

Edited July 6, 2012 by bsd058

[Ebunoluwa 6,136]

hi

my husband is us citizen we get married and i applied tourist visa to gain time and go fats to usa i did big mistake and i lied in my application i said i was single

now my husband is applying cr1 for me

im afraid they will denied me because i was lying in my application for tourist visa

will they see it

they will ask me for this

i want to know if they will concidere this like misrepresentation even it was for tourist visa

please help

My comments about it being a will full misrepresentation and not a mistake were made because of this post where the OP admitted it was a lie to speed up the process of being together. That she got married and after that fact lied on the form. The marriage certificate will show the date obviously in reference to the signed B2. Talking "around" it and making it look like it was a mistake won't work and only will compound the problem. Being truthful with an attorneys help is the only option.

[Ebunoluwa 6,136]

http://www.martindale.com/immigration-law/article_Law-Offices-of-James-A-Bach_734158.htm Don't know if VJ will disable this link but here are some facts of misrepresentation.

[aaron2020 11,651]

http://www.martindale.com/immigration-law/article_Law-Offices-of-James-A-Bach_734158.htm Don't know if VJ will disable this link but here are some facts of misrepresentation.

Excellent link. Right on target.

[bsd058 296]

My comments about it being a will full misrepresentation and not a mistake were made because of this post where the OP admitted it was a lie to speed up the process of being together. That she got married and after that fact lied on the form. The marriage certificate will show the date obviously in reference to the signed B2. Talking "around" it and making it look like it was a mistake won't work and only will compound the problem. Being truthful with an attorneys help is the only option.

Yes. Do not just try to nilly willy talk around this. If you did it on purpose, be truthful about that. If it was by accident, then be truthful about that and provide evidence. My point was that the OP possibly did not understand what she was saying when she said she "lied" about it. It might have been a mistake. If it was unintentional, then she was not committing fraud. She should be able to prove the mistake wasn't fraud if it was unintentional, though. Otherwise, they will have a pretty good case against her.

Sorry, I wasn't trying to give the OP ammunition to be able to get away with fraud. I was just trying to give her the facts on material misrepresentation and fraud, and possibly give examples of each.

Edited July 6, 2012 by bsd058

[pushbrk 12,910]

Yes. Do not just try to nilly willy talk around this. If you did it on purpose, be truthful about that. If it was by accident, then be truthful about that and provide evidence. My point was that the OP possibly did not understand what she was saying when she said she "lied" about it. It might have been a mistake. If it was unintentional, then she was not committing fraud. She should be able to prove the mistake wasn't fraud if it was unintentional, though. Otherwise, they will have a pretty good case against her.

Sorry, I wasn't trying to give the OP ammunition to be able to get away with fraud. I was just trying to give her the facts on material misrepresentation and fraud, and possibly give examples of each.

Usually, Consular IV Units tend to take the easy way out and simply deny the visa based on the bona fides. They'll know about the previous visa application but may not even mention it in their denial. The ultimate impact is pretty much the same. The foreigner doesn't ever get a visa to enter the USA.

It would be good to get advise from a qualified attorney regardless.

[littoral1 15]

Yes. Do not just try to nilly willy talk around this. If you did it on purpose, be truthful about that. If it was by accident, then be truthful about that and provide evidence. My point was that the OP possibly did not understand what she was saying when she said she "lied" about it. It might have been a mistake. If it was unintentional, then she was not committing fraud. She should be able to prove the mistake wasn't fraud if it was unintentional, though. Otherwise, they will have a pretty good case against her.

Sorry, I wasn't trying to give the OP ammunition to be able to get away with fraud. I was just trying to give her the facts on material misrepresentation and fraud, and possibly give examples of each.

i want to know if this mean they will deny my application

[littoral1 15]

Usually, Consular IV Units tend to take the easy way out and simply deny the visa based on the bona fides. They'll know about the previous visa application but may not even mention it in their denial. The ultimate impact is pretty much the same. The foreigner doesn't ever get a visa to enter the USA.

It would be good to get advise from a qualified attorney regardless.

i depress too much because of this i regret too much and i can not forgive my self

i want to know if they realy will deny my application for this cause this was not because i want to go to usa but i want to be with my husband i know its big mistake but it was not for bad attention

[bsd058 296]

i want to know if this mean they will deny my application

I don't know how we can spell it out for you any clearer...

If you intentionally lied on the application, you will probably be denied.

If it was unintentional, you may still be able to be approved. I couldn't give you the probability of being approved, though.

Nothing is for certain until it is finished. Anyways, after proving your innocence (if you are innocent of lying) you then have to go through the process of proving that your marriage is bonafide and all of the other things regular CR-1 visa applicants have to go through.

I'm sorry to say that you are probably going to learn a hard lesson about telling the truth. Some people learn it when they are children, some when they are older, and some never learn. I hope you can come to terms with that.

[pushbrk 12,910]

i depress too much because of this i regret too much and i can not forgive my self

i want to know if they realy will deny my application for this cause this was not because i want to go to usa but i want to be with my husband i know its big mistake but it was not for bad attention

Nobody can tell you for certain what will happen, but I suggest you be prepared to pay the consequences of lying. In this situation, the consequences are often quite severe.

To be clear though, this is unlikely to cause your spouse's petition to be denied. Any denial would come at the visa interview, so it would be your visa application being denied, not your spouse's petition.

Edited July 7, 2012 by pushbrk

[Ebunoluwa 6,136]

You stated that the reason you lied was because you thought you would have a better chance to be with your husband and not to be in the USA.

Unfortunately the CO's don't care much about that and will just see the lie as an official reason to refuse the visa.

Your consulate is not an easy one to get approved at even if everything would have been correctly answered.

So my "guess" is you will be denied. However I am not an attorney and you really need to focus on having your husband contact one.

You can then file a waiver and try to get it approved WITH GUIDANCE OF A QUALIFIED ATTORNEY as to when, how and where.

Again, you need one now before you file. Laurel Scott is one of the best.

I am very sorry for your circumstances.

What is done is done. We all make mistakes in life. Shift focus and spring into appropriate action. It is not for the fainthearted but you still have a chance to make it with a hopefully approved waiver. It is expensive, difficult and takes a long time but it can be done.

DO NOT attempt this on your own to save money unless you have studied immigration law.

I wish you success and all the best.

[Ebunoluwa 6,136]

Some attorneys prefer to front load a waiver when filing. Meaning they send a waiver along with the initial petition. Some do not.

It depends on the circumstances. Most of the times the waiver gets submitted after the refusal at the embassy.

Only a good attorney can make that decision based on your individual case.

Good point by Pushbrk, I agree the petition will be USCIS approved and then you will face trouble with the CO and perhaps they will make up their minds before even talking to you, see you for 5 min and hand you the 221g with refusal or extended AP resulting in refusal. USCIS will not reaffirm it and then your case will be fraud marked. You can save time by consulting with an attorney on front loading the waiver.

[jamieh333 0]

It would be good to get advise from a qualified attorney regardless.

littoral1, there are many lawyers, research as many as you can, not just the lawyer plug's in this thread. research, research, research, just like the immigration process.

Edited July 7, 2012 by jamieh333

[MahamNaz 5]

i depress too much because of this i regret too much and i can not forgive my self

i want to know if they realy will deny my application for this cause this was not because i want to go to usa but i want to be with my husband i know its big mistake but it was not for bad attention

Mine is same situation.. I will also pray for u. And u also do remember me in ur prayers..

We all not do this for intensions to enter illelgally but we did this because we simply want to live with our husbands.. Plz guyz try to understand us..

Living withoout ur husband is very stress ful. Hope u all can undersatand.

[pushbrk 12,910]

Mine is same situation.. I will also pray for u. And u also do remember me in ur prayers..

We all not do this for intensions to enter illelgally but we did this because we simply want to live with our husbands.. Plz guyz try to understand us..

Living withoout ur husband is very stress ful. Hope u all can undersatand.

We understand you lied because what you wanted was more important to you than telling the truth. The Consular officer will understand the same. However, in a Consular Officer's "culture" this kind of lie is a very serious matter indeed.

Edited July 10, 2012 by pushbrk