Lie on Previous DS-160

[NuZayetsPogodi 117]

My fiance (at the time, boyfriend) applied for a B-2 visa twice this past April, and was declined both times because he couldn't show strong ties to his country. He applied in a short span of time because he'd heard that some people do get a visa the second time they apply, and even though he knew it wasn't likely, he knew it'd be worth it. The whole point of applying for the visa was to come visit me. We were going to start the K-1 process when he was in the US, but he knew perfectly well he'd have to return home to complete the process. On his DS-160 form, he didn't say that he had friends in the US. There was no indication that he knew me, and he did this because he read and was advised by some visa companies that saying he knew me would be an automatic denial. Well, he got denied anyways. Now, I'm really worried about this when he indicates that he's been denied two B-2 visa attempts recently. I'm worried that he won't get a K-1 visa because he lied on the DS-160 -- it's going to be obvious that he DID know someone in the US this whole time. After all, I'd visited him in March and we've been talking online for a long time before that. I submitted this evidence with our application.

Since he didn't get his B-2 visa, I came to live with him for up to 6 months (because I have a Russian visa and I'm able to do this since I can work remotely). Our relationship is, without question, bona fide, and we have plenty of evidence.

TL;DR Fiance said on DS-160 he didn't know anyone in the US, but he did. Will this affect K-1 visa approval?

[Unlockable 7,315]

Shouldn't be a problem.

While you are there gather as much evidence as you can to have for your petition.

P.S. Tell your fiance to stop listening to immigrant rumors.

[aaron2020 11,651]

It shouldn't be a problem.

Don't ever lie again. Lying can bite you on the ### and lead to lifetime bans.

[MandyAlex 32]

For what a local immigration lawyer explained to me, the question about knowing someone in the US mainly applies to a family member and legally living in the US, were you can benefit from them in an immigration way. The lawyer explained what the law says and it (the lie), should not constitute material misrepresentation, therefore, should not affect your petition. That being said, a second lawyer told me that a hardship waiver might be necessary in such cases. If I were you, I'll check with an immigration lawyer regarding your case specifics. Most offer a free, initial consultation. Good luck to you.

[NuZayetsPogodi 117]

Thanks. I actually have talked to an immigration attorney and it became pretty clear 10 minutes into the conversation that I knew more about immigration than he did. :-/ The general consensus I'm getting from everyone is it's probably not a big deal, and while there is a small chance that it WILL be an issue, it's probably not worth paying loads of money and going through a big hassle getting waivers unless we are told by a CO he needs a waiver.

For what a local immigration lawyer explained to me, the question about knowing someone in the US mainly applies to a family member and legally living in the US, were you can benefit from them in an immigration way. The lawyer explained what the law says and it (the lie), should not constitute material misrepresentation, therefore, should not affect your petition. That being said, a second lawyer told me that a hardship waiver might be necessary in such cases. If I were you, I'll check with an immigration lawyer regarding your case specifics. Most offer a free, initial consultation. Good luck to you.

[AP16 30]

Well I did the same thing... I don't consider it a lie, since I didn't knew my now fiancee in person by then. It was in march, we sent our K-1 application at the second half of May.

I don't know how this "lie" would be relevant to them. It's nothing that indicates any kind of fraud, specially since you're applying for K-1 now. The big problem is: saying that you have a love connection in the US when applying for a tourist visa is indeed pretty much an automatic denial. It's so bad that the very own staff at the Embassy advises you to not be so truthful. Now it would be very cynical to deny a K-1 because of this "lie", since if you tell the truth they will deny you the B2 and tell you to apply for K-1, even if you're not engaged. The outcome is the same. A denial on these grounds would be the same as saying "don't apply at all, you can't come to visit the person you love".