lying in tourst visa application 3years ago.

[BEBO&BEBO 20]

3 years ago , my wife went to us embassy and try to get atourst visa ,she said that she dons't know anyone in USA .

now i applied for I-130 for her , is this will affect her immigrant visa or not ?

please help.

[Bugs 455]

If the reason for her denial was misrepresentation of material fact, then she is likely banned and you will need to go through a waiver process. If not, then your chances are better. Either way, the only way you are going to find out if she is banned is to go through the application process and it will be found out at the interview. There is no other way.

You can ask her if she still has the documentation of her denial and/or any stamps on her passport from them, as that may offer some clue.

[BEBO&BEBO 20]

thank you

[BEBO&BEBO 20]

there was no documentation for her denial, they just told her sorry (NO) not now.

[Bugs 455]

there was no documentation for her denial, they just told her sorry (NO) not now.

Does she remember if the consular official interviewing her for the tourist visa mentioned the lie at all?

[Netsikai 20]

Were u married to her or u were both in a relationship when she applied for us tourist visa 3 years ago?

[BEBO&BEBO 20]

we were married and the consular didn't tell here that she lie. just tell here not now .sorry

my concern is when she will go to the immigrat visa interview ,they will ask her about the tourist visa or no. and why she lied?

[Netsikai 20]

If yes then it might affect ur petition if they will read again her us tourist application form 3 years ago ...just a thought.

[BEBO&BEBO 20]

anyone had the same expereince?

[Netsikai 20]

Just be honest and truthful this time.

[Bugs 455]

we were married and the consular didn't tell here that she lie. just tell here not now .sorry

my concern is when she will go to the immigrat visa interview ,they will ask her about the tourist visa or no. and why she lied?

When someone lies on a visa application, it must be determined to be misrepresentation of material fact for it to result in a lifetime ban for the applicant. Material fact is any bit of information in which, if told truthfully on the application, could or would affect the decision on whether or not she would be granted a visa.

And this really is up to the discretion of the consular officer. It is possible that he/she determined that the fact she is married to you could result in her overstaying her visa, and, therefore, would be denied on those grounds. So it is possible the consular officer determined that her lying about it to be misrepresentation of material fact, and banned her without telling her (and giving her the standard denial).

It is also possible the consular officer determined it not to be material fact, even if it was known she lied, and therefore she was just given the standard denial. In this case, she would not be banned.

It is also possible the consular officer knew it to be material fact, but didn't want to go through the hassle of all the extra procedural steps that is necessary to ban her and instead just gave her a standard denial. They go through hundreds of visa interviews a day after all.

And it is also possible the consular officer never knew she was married and therefore didn't know she lied. Although I would find this a bit of a stretch.

No matter what though, you will not know if she is banned or not until the interview for the spousal visa. Only then will she be told, and only then will you be told of the waiver process, which you will have to go through if she is banned.

And, most importantly, DO NOT lie about any of it. If it isn't brought up, don't speak of it, but if it is, be honest and admit any mistakes from the past.

[BEBO&BEBO 20]

When someone lies on a visa application, it must be determined to be misrepresentation of material fact for it to result in a lifetime ban for the applicant. Material fact is any bit of information in which, if told truthfully on the application, could or would affect the decision on whether or not she would be granted a visa.

And this really is up to the discretion of the consular officer. It is possible that he/she determined that the fact she is married to you could result in her overstaying her visa, and, therefore, would be denied on those grounds. So it is possible the consular officer determined that her lying about it to be misrepresentation of material fact, and banned her without telling her (and giving her the standard denial).

It is also possible the consular officer determined it not to be material fact, even if it was known she lied, and therefore she was just given the standard denial. In this case, she would not be banned.

It is also possible the consular officer knew it to be material fact, but didn't want to go through the hassle of all the extra procedural steps that is necessary to ban her and instead just gave her a standard denial. They go through hundreds of visa interviews a day after all.

And it is also possible the consular officer never knew she was married and therefore didn't know she lied. Although I would find this a bit of a stretch.

No matter what though, you will not know if she is banned or not until the interview for the spousal visa. Only then will she be told, and only then will you be told of the waiver process, which you will have to go through if she is banned.

And, most importantly, DO NOT lie about any of it. If it isn't brought up, don't speak of it, but if it is, be honest and admit any mistakes from the past.

You are great that will really help , thanks again , you should be a lawyer.

[together4evr 360]

When you fill out the petition, it asks if you have been denied a tourist visa. She will have to mark yes. Then it asks for the date of your marriage. They will see that she wrote single on her tourist visa application. It is then they will have proof of her lie and material misreprentation. She should then get a lifetime ban with no wavier. Never lie to us government. It wil always catch up with you. Good luck

[Boiler 45,558]

Lawyer time.

[san diego 407]

Yes, you need to get a lawyer. I saw several threads whewre they pull prior tourist application and charge with misrepresentation. I can find some if you like. Facts:

1) You were married at the time of application

2) In the visitor/tourist visa application there is a specific question asking: "Do you know anyone in US". You answered "No"

3) on the form DS230 which you have to fill out before your spousal visa interview there is a question: "Have you ever applied for a US visa and when?". They know the answer and you will have to answer "Yes"

4) You can be sure they will pull out your prior visa application for sure tor eview and will match your marriage date and your misrepresentation answer

5) You will get a ban.

I would hire a good lawyer.