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Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

He can say what he likes, if it comes up at all, so long as it's the truth. The fact is, he'll have ignored instructions *right there on the form* that tell him who he should declare in the USA. Unless of course you weren't engaged at the time of the tourist visa application. It's not on his cousins back, or anyone else's - it's his own, personal, responsibility to have been honest in the previous application and any applications going forward.

I don't think it's worth getting stressed about - he should be honest if asked about it, no doubt about that, but it may not even be an issue.

I am not blaming his cousin because at the end of the day my now husband should have made sure what he was doing was right. Everything we have done since has been honest and legal.

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09/03/12 - Introduced through mutual friends, started talking on Facebook
12/25/12 - Married in Egypt
04/15/13 - Filed I-130
04/23/13 - NOA 1
05/31/13 - Second trip to Egypt and actual honeymoon in Sharm El Sheikh (left Egypt 06/29)
08/15/13 - Called USCIS for expedite request.
08/16/13 - Sent emails to both state senators and mailed a letter to state congressman.
08/21/13 - Call from congressman that letter is being forwarded to a different congressman. Mailed letters and evidence of situation in Egypt to senators
08/27/13 - Was told the congressman's office would make an inquiry about our expedite.
08/29/13 - Received e-mail that my congressman's office had filed their own expedite on our behalf on Tuesday and would notify me when they hear anything from the NBC.
08/30/13 - NBC responded to congressional inquiry. Could not give a date of predicted approval, but our inquiry was handed over to the expedite team for review and a decision.
09/04/13 - EXPEDITE APPROVED!
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

My Wife had the a Travel Agency complete her tourist visa and they left my name off,don't know if this will matter,don't know if this is why they wrote P6CI in her Passport and I don't know if it will even come up at the CR-1 Visa Interview.Lawyer seems to think it will not come up at the Interview...note:K1 Denied for not Bona Fida Relationship.Stantard Practice to Revoke any existing visa's in the Passport once you go to this type of Interview

Posted

I am not blaming his cousin because at the end of the day my now husband should have made sure what he was doing was right. Everything we have done since has been honest and legal.

I think what others are telling you is the US Embassy will not care if an outside influence (your husbands cousin) was involved. They are just going to look at the documents submitted and decide if the answers to the questions were answered honestly. I think everyone here is trying to be helpful. I think the best thing both of you can do now is to continue telling the truth and pray for the best outcome. I have a feeling if you are honest it will all work out in the end. Just be prepared for some specific questions regarding this past VISA attempt and have answers ready...truthful answers.

Aloha Ke Akua

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

I think what others are telling you is the US Embassy will not care if an outside influence (your husbands cousin) was involved. They are just going to look at the documents submitted and decide if the answers to the questions were answered honestly. I think everyone here is trying to be helpful. I think the best thing both of you can do now is to continue telling the truth and pray for the best outcome. I have a feeling if you are honest it will all work out in the end. Just be prepared for some specific questions regarding this past VISA attempt and have answers ready...truthful answers.

Aloha Ke Akua

I guess I am trying to find out how to even explain. My husband really didn't know any better and instead of doing research on his own he didn't. He did not really do anything on his own. That's the truth right there. He was naive and didn't research.

I appreciate the help people have offered.

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09/03/12 - Introduced through mutual friends, started talking on Facebook
12/25/12 - Married in Egypt
04/15/13 - Filed I-130
04/23/13 - NOA 1
05/31/13 - Second trip to Egypt and actual honeymoon in Sharm El Sheikh (left Egypt 06/29)
08/15/13 - Called USCIS for expedite request.
08/16/13 - Sent emails to both state senators and mailed a letter to state congressman.
08/21/13 - Call from congressman that letter is being forwarded to a different congressman. Mailed letters and evidence of situation in Egypt to senators
08/27/13 - Was told the congressman's office would make an inquiry about our expedite.
08/29/13 - Received e-mail that my congressman's office had filed their own expedite on our behalf on Tuesday and would notify me when they hear anything from the NBC.
08/30/13 - NBC responded to congressional inquiry. Could not give a date of predicted approval, but our inquiry was handed over to the expedite team for review and a decision.
09/04/13 - EXPEDITE APPROVED!
Filed: K-1 Visa Country: Yemen
Timeline
Posted

E,

I know you're not a fan of my advice, but consider this: the what ifs will drive you crazy and accomplish nothing. What is done is done. What has been said has already been said. Lots of tourist visa applications from your husband's country are denied, probably nearly all of them. It doesn't have much bearing on immigrant visas unless he outright lied, which honestly is debatable. It's an omission. Will it be a problem? No one can say for sure. But recognize that anything you put up on the internet [in forums such as these] is now public. You should focus on the next steps and take things as they come. You're still a long way away from the interview so it's probably best to focus on the strengths of your relationship and the evidence of said strengths. That will count at the Embassy stage more than most other things. Have a little faith. Be well.

Sarah

"If you’re brave enough to say goodbye, life will reward you with a new hello."

- Paulo Coelho

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

E,

I know you're not a fan of my advice, but consider this: the what ifs will drive you crazy and accomplish nothing. What is done is done. What has been said has already been said. Lots of tourist visa applications from your husband's country are denied, probably nearly all of them. It doesn't have much bearing on immigrant visas unless he outright lied, which honestly is debatable. It's an omission. Will it be a problem? No one can say for sure. But recognize that anything you put up on the internet [in forums such as these] is now public. You should focus on the next steps and take things as they come. You're still a long way away from the interview so it's probably best to focus on the strengths of your relationship and the evidence of said strengths. That will count at the Embassy stage more than most other things. Have a little faith. Be well.

Sarah

Sarah, have you given me advice before and I responded badly?

I appreciate what you said. At this point there is nothing I can do except make sure everything else we do is honest and accurate, which it has been. This anxiety is driving me crazy. I just need to turn it over to God.

flag-egypt.gif aniheartpinknwhite.gif animated_flag_1_2.gif
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09/03/12 - Introduced through mutual friends, started talking on Facebook
12/25/12 - Married in Egypt
04/15/13 - Filed I-130
04/23/13 - NOA 1
05/31/13 - Second trip to Egypt and actual honeymoon in Sharm El Sheikh (left Egypt 06/29)
08/15/13 - Called USCIS for expedite request.
08/16/13 - Sent emails to both state senators and mailed a letter to state congressman.
08/21/13 - Call from congressman that letter is being forwarded to a different congressman. Mailed letters and evidence of situation in Egypt to senators
08/27/13 - Was told the congressman's office would make an inquiry about our expedite.
08/29/13 - Received e-mail that my congressman's office had filed their own expedite on our behalf on Tuesday and would notify me when they hear anything from the NBC.
08/30/13 - NBC responded to congressional inquiry. Could not give a date of predicted approval, but our inquiry was handed over to the expedite team for review and a decision.
09/04/13 - EXPEDITE APPROVED!
Filed: K-1 Visa Country: Yemen
Timeline
Posted

Sarah, have you given me advice before and I responded badly?

I appreciate what you said. At this point there is nothing I can do except make sure everything else we do is honest and accurate, which it has been. This anxiety is driving me crazy. I just need to turn it over to God.

Heh... indeed I recall that. But your response to it was totally warranted. I wasn't very kind toward your situation and I regret that.

Anyway, I feel your worries. My incompetent lawyer made a mistake on my petition for my fiance (clerical error - the year we met wasn't correct in the statement she prepared for me) so I worried for several weeks that it would somehow dash my fiance's visa chances to hell. But then I realized everyone makes mistakes and when you get the opportunity to rectify it you do, but other than that you put it behind you and move forward. No one knows what the future holds but we're all striving for the same thing and I believe God rewards those who are patient and persistent.

"If you’re brave enough to say goodbye, life will reward you with a new hello."

- Paulo Coelho

Filed: IR-1/CR-1 Visa Country: Egypt
Timeline
Posted

Heh... indeed I recall that. But your response to it was totally warranted. I wasn't very kind toward your situation and I regret that.

Anyway, I feel your worries. My incompetent lawyer made a mistake on my petition for my fiance (clerical error - the year we met wasn't correct in the statement she prepared for me) so I worried for several weeks that it would somehow dash my fiance's visa chances to hell. But then I realized everyone makes mistakes and when you get the opportunity to rectify it you do, but other than that you put it behind you and move forward. No one knows what the future holds but we're all striving for the same thing and I believe God rewards those who are patient and persistent.

I wonder if it was when I had my old account. I left the site for a long time after how I was treated quite a few times.

I think you're very wise. My faith has been very strong throughout this process and I know our prayers were answered when the expedite was approved. If this past visa denial is an issue I will tell my husband he must explain honestly what happened and cross the denial bridge if that occurs. I know God is watching over us, I just have to remember that.

flag-egypt.gif aniheartpinknwhite.gif animated_flag_1_2.gif
event.png
event.png
09/03/12 - Introduced through mutual friends, started talking on Facebook
12/25/12 - Married in Egypt
04/15/13 - Filed I-130
04/23/13 - NOA 1
05/31/13 - Second trip to Egypt and actual honeymoon in Sharm El Sheikh (left Egypt 06/29)
08/15/13 - Called USCIS for expedite request.
08/16/13 - Sent emails to both state senators and mailed a letter to state congressman.
08/21/13 - Call from congressman that letter is being forwarded to a different congressman. Mailed letters and evidence of situation in Egypt to senators
08/27/13 - Was told the congressman's office would make an inquiry about our expedite.
08/29/13 - Received e-mail that my congressman's office had filed their own expedite on our behalf on Tuesday and would notify me when they hear anything from the NBC.
08/30/13 - NBC responded to congressional inquiry. Could not give a date of predicted approval, but our inquiry was handed over to the expedite team for review and a decision.
09/04/13 - EXPEDITE APPROVED!
Filed: IR-1/CR-1 Visa Country: Fiji
Timeline
Posted

Keep in mind, not offering information - that he also planned on visiting his fiance is different than being asked a direct question and lying.

Any lawyer will tell you that this simply is NOT true

omitting information IS the same as lying.. even forgetting something and failing to disclose it can be construed as a lie


8/16/2012 I-129F NOA1
11/8/2012 Married
1/3/2013 I-129F cancelled
1/29/2013 withdrawal notice received
2/5/2013 I-130 NOA1 with error on wife's name
Case status not available
2/5/2013 Unable to generate service request

3/13/2013 transferred to local office
3/26/2013 Service request generated
4/12/2013 Infopass, file in workflow March 28
4/19/2013 Case status available - APPROVED!

Detour to the NVC via NRC

For information on my detour and the steps I took to free my petition, check
"about me"

NVC

6/7/2013 NVC logs file as received

6/11/2013 Case number and IIN assigned

6/12/2013 DS-3032 emailed

6/13/21013 AOS paid

6/14/2013 DS-3032 emailed attention superuser (stupid me)

6/23/2013 DS-3032 emailed attention supervisor

6/24/2013 DS-3032 accepted

6/25/2013 IV bill generated and paid

07/06/2013 IV & AOS sent; 07/11/2013 NVC logs received

07/30/2013 IV Accepted; AOS Checklist

08/01/2013 AOS Checklist received

08/02/2013 AOS resent; 08/07/2013 NVC logs received

08/28/2013 Case Complete

09/10/2013 Interview date assigned

Embassy

08/14/2013 Medical; 08/19/2013 Medical Ready

08/07/2013 Police cert ordered (Fiji delivers straight to the embassy)

10/02/2013 Interview

xx/xx/2013 Visa in Hand

xx/xx/2013 POE Los Angeles International Airport

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Any lawyer will tell you that this simply is NOT true

omitting information IS the same as lying.. even forgetting something and failing to disclose it can be construed as a lie

I am no lawyer and yes there is a Lie of Omission but this is typically you withholding information that you know to be material. Still you have to be asked. In many cases such as a police investigation over a criminal manner or in disclosing previous conditions during a real estate transaction you are asked a generic is there anything else that might be relevant?

When it comes to interviewing for a visa, you do need to be careful to truthfully answer any question in verbal or written form, the expectation is you are making your best case to get the visa and not willingly disclosing information not asked that might hurt your case, I don't think will be held against you. As others have said, it is a fine line.

We are getting off-topic, my point to the OP was denial for a tourist visa does not really matter when it comes to an immigrant visa unless there is a documented trail that can show the interviewee has not truthfully answered a question previously asked.

Posted

I think that first and foremost, his immigration application will be the reference before the tourist visa application will even come into play.

There are lots of people who have gotten tourist visas who didn't disclose that they have boyfriends/girlfriends in the US, got married, left then filed for a CR-1 successfully. Not everyone though but there are the lucky ones.

I applied for a tourist visa twice before I got approved and both times, the topic of my relationship status never came up. I really didn't want to volunteer information unless asked and I was never asked. I wasn't engaged at that time so I didn't have to put my BF's name on the application. I said I was visiting family and I did spend the first 2 weeks of my vacation with my relatives just touring and sight seeing and I wasn't even sure that I was gonna visit him because I missed my family so much.

Stop kicking yourself in the head because really, the odds of getting a tourist visa approved has a 50/50 chance and ultimately, it was all up to your husband during the interview. You or his cousin couldn't help him then. You can now just start the process for a spousal visa, gather all the documents you both need to present and just do whatever you can to increase your chances of an approval. Good luck!

Married in Texas Sept. 16, 2013

Sent I-130 Nov. 3, 2013

Received NOA1 (email) Dec. 19, 2013

Requested Expedite Jan. 2, 2014

Approved Expedite Jan. 4, 2014

Case sent to NVC Jan. 15, 2014

Received NOA1 (mail) Jan. 22, 2014

NVC Received Case Jan. 27, 2014

Received NOA2 (mail) Feb. 25, 2014

NVC Assigned Case Number Mar. 11, 2014

Paid AOS Fee Mar. 29, 2014

Paid IV Fee Mar. 29, 2014

Submitted DS-260 Apr. 4, 2014

Mailed in IV packet Apr. 8, 2014

Submitted AOS packet Forgot the date

Case complete May 31, 2014

Medical Jun. 26, 2014

Interview Jul. 8, 2014

POE (LAX) Sept. 16, 2014

Paid ELIS May 16, 2015

Received GC May 23, 2015

I-751 Receipt Date July 5, 2016

ROC NOA July 15, 2016

I-751 Biometrics Aug. 5, 2016

ROC Approved Sept. 18, 2017
Received GC Sept. 25, 2017
 

CR1 Spousal Visa Guide

 

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  • 2 weeks later...
Filed: K-1 Visa Country: Russia
Timeline
Posted

I am in almost same situation. We got engaged and AFTER that I applied for F1 visa. Did not check yes to "Fiance" box. I have to go back to my home country, and apply for K-1. From what I read about this issue, (and numerous converstaions with lawyers) is:

1. "Fiance" definition, from legal standpoint, is very fluid and subjective. You might not call you loved one fiance if you dont have a wedding date, if this is how it feels right for you. For some countries, engagement is a big event and one might certainly say "My fiance" from that date on. Some cultures do not put much significance to the engagement as a specific moment. We were unsure about the wedding date, and we postponed our marriage plans for another couple of years. Is he still my fiance? I prefer not to call him that until I am positive about the wedding.

2. Case similar to yours that I read from Russian Forum:

A girl applied for tourist visa, did not mention she was visiting her boyfriend/fiance. She rather put her friend's name on the application. When this topic came up on the interview, she was asked: "You did not mention your bf on your application. If you did not have a boyfriend, would you still have traveled to US?" She answered, "Of course, I always wanted to make a trip there, and see my friend from high school". She was approved. So, I think, unless his ONLY purpose was to see you, and if he did not plan to see his cousin AT ALL, this is not such a big problem. Naturally, plenty of people travel just to relax, see some friends, and see Hollywood sign... and see their loved ones, at the same time.

By no means I endorse lying, especially to immigration officials, however, OP situation is not unique, and if consulates denied everyone with previously denied B1/B2/F1/J1 for failing to mention their boyfriends, dneial rates for spousal visas will be, like, 50%.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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