declaring a misrep on red flags of k1 and ds160

[tomyka81 95]

OK, so I have established that the consular officer was telling the truth and very kind with just a bona fide for the first k1. My fiance's misrepresentation was not material. Has any one dealt with how to declare a misrepresentation in the petition and on the ds160 and how to get th CO to address it first at the interview versus the CO thinking he arrived at a misrepresentation on his own? From my firet experience, they dont reviee the folders in advance. Any experience in this specific area is greatly appreciated. Relationship advice isn't required.

[V24 21]

What was it?

[Ebunoluwa 6,136]

If you are planning to file another I-129, it asks on the form if you ever filed a petition before and what the result was. You can attach a separate

sheet of paper narrating what happened and also a relationship timeline letter.

You can also front load the email from the CO saying it was not material.

Not sure why you think they won't see your case before the interview.

They will be fully aware of exactly what happened as they have all the previous data and the CO will bring it up if it is still an issue, if not then he won't.

If the CO told you it was not material then it still can come up. All he can do is answer the questions honestly as they come if he is given the time to do so.

I recommend a CR1 for a rebuttal chance in case he would be refused and case expired again.

[dwheels76 5,477]

OK, so I have established that the consular officer was telling the truth and very kind with just a bona fide for the first k1. My fiance's misrepresentation was not material. Has any one dealt with how to declare a misrepresentation in the petition and on the ds160 and how to get th CO to address it first at the interview versus the CO thinking he arrived at a misrepresentation on his own? From my firet experience, they dont reviee the folders in advance. Any experience in this specific area is greatly appreciated. Relationship advice isn't required.

Please be aware that filing a new petition means they can refuse/deny you on the very same charge. I sure would not go the K1 route the odds are against you. But if you choose to do so follow what Ebunoluwa says to address a misrepresentation. All the best.

[tomyka81 95]

It doesn't make sense to run and get married. If this were simply a matter of bonafide relationship, I'd have done that. It isn't. This is also a matter of possible inadmissible. Why get married trying to show something and your guy is still not allowed in. Clearly I can't go live in Nigeria. Getting married in this situation is not the smartest thing to do. A marriage can overcome bonafide yes but it can't so easily overcome inadmissible.

[tomyka81 95]

What was it?

Falsely asserted he had a fiance and kid on a b1 visa application. B1 was denied. Application submitted before (may 2014) we got engaged. Interview for the B1 was june 2014. Would have to check the date again. We got engaged sometime in June. I don't know the date. Didn't list a date on previous petition either, only the month of June. It wasnt a formal engagement event so it wasnt memorable for me. I didn't know about this b1 until the refusal of our k1. I suck at dates and minor things like that because of some meds I was on once upon a time.

[Ebunoluwa 6,136]

It doesn't make sense to run and get married. If this were simply a matter of bonafide relationship, I'd have done that. It isn't. This is also a matter of possible inadmissible. Why get married trying to show something and your guy is still not allowed in. Clearly I can't go live in Nigeria. Getting married in this situation is not the smartest thing to do. A marriage can overcome bonafide yes but it can't so easily overcome inadmissible.

Exactly right and I previously said the same thing but you established the fact that it was not a material misrepresentation and IF you have

such assurance in writing from the CO then it is better to try again on a CR1 rather than a K1 though even with marriage this is not easy to overcome.

As I said before, a couple I know had the very same situation, then married and were denied and split up.

[tomyka81 95]

Exactly right and I previously said the same thing but you established the fact that it was not a material misrepresentation and IF you have

such assurance in writing from the CO then it is better to try again on a CR1 rather than a K1 though even with marriage this is not easy to overcome.

As I said before, a couple I know had the very same situation, then married and were denied and split up.

What was the misrep and what was the hardship? Also what year was it they filed the waiver and what consulate?

Edited October 11, 2015 by tomyka81

[Ebunoluwa 6,136]

Nigeria and same misrep, beneficiary put on B2 app married but was not married, about 2 years ago.

[tomyka81 95]

So was the visa denied or the waiver denied? If the waiver was denied, what was the hardship? Was the waiver filed and adjudicated at the Lagos consulate or how it is now? Was the guy granted the B2? Did he present falsified paperwork?

[Ebunoluwa 6,136]

So was the visa denied or the waiver denied? If the waiver was denied, what was the hardship? Was the waiver filed and adjudicated at the Lagos consulate or how it is now? Was the guy granted the B2? Did he present falsified paperwork?

I can try to get in contact with her through a mutual friend and perhaps you can correspond directly with her.

Their K1 was denied due to the B2 married misrep. They got married and filed a CR1. I believe their waiver was denied. No he was denied

the B2 before they filed the K1 and he also didn't tell her and I think didn't even know her at the time he applied for the B2.

I don't know if he submitted falsified documents to proof his B2 app claim of being married.

She was working on several points to prove she was undergoing hardship if he wouldn't be allowed to join her in the US but of course that is hard to prove because she got along without him before just fine. She became increasingly more private with the outcome and didn't want to talk about it, all I know

was they divorced and didn't stay together and she didn't move to Nigeria all though a third country was briefly discussed.

[tomyka81 95]

I can try to get in contact with her through a mutual friend and perhaps you can correspond directly with her.

Their K1 was denied due to the B2 married misrep. They got married and filed a CR1. I believe their waiver was denied. No he was denied

the B2 before they filed the K1 and he also didn't tell her and I think didn't even know her at the time he applied for the B2.

I don't know if he submitted falsified documents to proof his B2 app claim of being married.

She was working on several points to prove she was undergoing hardship if he wouldn't be allowed to join her in the US but of course that is hard to prove because she got along without him before just fine. She became increasingly more private with the outcome and didn't want to talk about it, all I know

was they divorced and didn't stay together and she didn't move to Nigeria all though a third country was briefly discussed.

Nah, that isn't required. Thanks though so very much. While on face value, it appears the same, there is a very subtle yet important difference. One claimed to have a fiance (expendable) and doesn't stop a line of inquiry, one claimed to have a wife (textbook stops a line of inquiry) The matter of the child is a moot point. Declaring a kid only points toward his bonafide with me and is not material by no stretch of the imagination. If we succeed, we succeed, if we don't then we are no worse off than before except shy $340 and don't have to go through the strain and heartbreak of divorce later on . But the response from the consular offiver chief was very promising. My congressman's office liason got in touch with them. I will continue to touch base with the congressman's office during the refile.

Edited October 11, 2015 by tomyka81

[dwheels76 5,477]

It doesn't make sense to run and get married. If this were simply a matter of bonafide relationship, I'd have done that. It isn't. This is also a matter of possible inadmissible. Why get married trying to show something and your guy is still not allowed in. Clearly I can't go live in Nigeria. Getting married in this situation is not the smartest thing to do. A marriage can overcome bonafide yes but it can't so easily overcome inadmissible.

True.

[Ebunoluwa 6,136]

Ah so he said fiance on the application, I thought it was marked as married. That makes a huge difference.

Well, he did have a fiance at the time...you right ? You knew him then ? Not before you knew him ?

He said child but has no biological child but meant your bio child which he considers his (future step) child ? Or did he make up a child in Nigeria for

stronger ties ? The former would be better to explain than the latter. Did he put down a name written or verbal of the child ?

[tomyka81 95]

Ah so he said fiance on the application, I thought it was marked as married. That makes a huge difference.

Well, he did have a fiance at the time...you right ? You knew him then ? Not before you knew him ?

He said child but has no biological child but meant your bio child which he considers his (future step) child ? Or did he make up a child in Nigeria for

stronger ties ? The former would be better to explain than the latter. Did he put down a name written or verbal of the child ?

He and I were dating but not engaged yet. He put Nigerian fiance and Nigerian child. He gave a child's name. Fiance name no.he made up both to show stronger ties. Thankfully he and I weren't engaged at the time of the b1 ds160