Request for help

[dadimmi81 0]

Dear Visajourney members,

In 2003, our IV was denied because my ex-wife, a DV lottery winner,  was found inadmissible because of a  misrepresentaion of a document. Will this affect my future visa application bearing in mind I am now married to my wife, who is an American citizen and we are longing to begin the process of our immigrant visa.

[Crazy Cat 42,757]

It will affect it in as much as It will be among many factors considered by the Consulate officer. Be sure you disclose this fact on the paperwork when asked to avoid any misrep.  If you are found to have contributed to the previous misrep, you will have some explaining to do.

Edited February 28, 2018 by missileman

[JFH 12,191]

I think your desperation to get into the USA will cause more scrutiny. Wife's DV lottery denied, divorced her and married a USC and "longing" to begin the spousal visa process. 

[dadimmi81 0]

Thanks so much for the info. Will it affect me harshly as the beneficiary since it stresses me a lot though 15 years elapsed I am still so anguish. I will for sure disclose it. Any other help to follow missileman, I would really appreciate it.

[dadimmi81 0]

Thanks JFH; can you tell me how will it affect me based on the legal rules of immigration. Will my visa denied based on that without having any chance to gather with my wife. Are there any legal solutions I have to take in order to strenghten my case. 

[JFH 12,191]

42 minutes ago, dadimmi81 said:

Thanks JFH; can you tell me how will it affect me based on the legal rules of immigration. Will my visa denied based on that without having any chance to gather with my wife. Are there any legal solutions I have to take in order to strenghten my case. 

Immigration is a privilege, not a right. 

 

No no one can say how your case will go but be prepared for your marriage to be put under intense scrutiny. How long after the DV denial did you divorce? And how long after the divorce did you re-marry? 

[SusieQQQ 11,587]

1 hour ago, JFH said:

I think your desperation to get into the USA will cause more scrutiny. Wife's DV lottery denied, divorced her and married a USC and "longing" to begin the spousal visa process. 

With 15 years between the two....maybe not so much?

[SusieQQQ 11,587]

1 hour ago, dadimmi81 said:

Thanks so much for the info. Will it affect me harshly as the beneficiary since it stresses me a lot though 15 years elapsed I am still so anguish. I will for sure disclose it. Any other help to follow missileman, I would really appreciate it.

You’ll disclose you were denied a visa.

 

May I ask what the misrepresentation actually was? Hugely different implications for you for example if she forged her high school diploma to qualify for DV, vs if she misrepresented the bona fides of your marriage. In any case, as you were her husband at the time, even if it was something totally to do with her it’s probably logical that you’ll be asked if you knew about it.

[dadimmi81 0]

7 hours ago, SusieQQQ said:

You’ll disclose you were denied a visa.

 

May I ask what the misrepresentation actually was? Hugely different implications for you for example if she forged her high school diploma to qualify for DV, vs if she misrepresented the bona fides of your marriage. In any case, as you were her husband at the time, even if it was something totally to do with her it’s probably logical that you’ll be asked if you knew about it.

Thanks for the advice SusieQQQ. The misrepresentation is related to a school certificate and I didn't know about it and I was totally humliliated at the interview by a rude CO! I think that is a huge predicament. I will for sure disclose the denial. Should I mention it when asked about the misrep on the form ds-260? 
I was a gullible young guy and if I knew, I would have taken another road. What is done cannot be undone but that is a blessing in disguise though.

[dadimmi81 0]

8 hours ago, JFH said:

Immigration is a privilege, not a right. 

 

No no one can say how your case will go but be prepared for your marriage to be put under intense scrutiny. How long after the DV denial did you divorce? And how long after the divorce did you re-marry? 

To tell you the truth, nothing is a privilege within this corrupted world! And rights are just given to whom they choose if we do sieve deeply. Well, your great advice has really helped me how to be proactive. Just married and divorced in 05.
Lawfully speaking, is there, JFH, any  iota of chance to succeed? Taking into consideration that our true relationship with my wife is what counts to me and her and she knew about that incident and she has encouraged me to start my life and move forward because I was deeply hurt by that incident, JFH. I am here on this riveting site because I really love her and I don't want her to be hurt by the repercussions... Great JFH, to have morals and to live by them has become a concept of the gullible and hence I was stabbed into the back by my ex-wife since I didn't know about that doc misrepresented. 
Eleanor Rossevelt once said that no one can make us inferior without our consent and I was thrown within that inferiority by being naive. And in my status quo, I have followed her advice in which she observed: “It takes courage to love, but pain through love is the purifying fire which those who love generously know. We all know people who are so much afraid of pain that they shut themselves up like clams in a shell and, giving out nothing, receive nothing and therefore shrink until life is a mere living death.” 

[geowrian 22,338]

In general, no - A past visa refusal is not grounds to refuse a new IV application. That doesn't mean there is no relation between them, though...just that the past refusal itself doesn't mean you are likely to get a refusal again.

That said, if the CO determines that you participated in the misrepresentation, that could speak very poorly to your credibility. I don't think there would be a misrepresentation bar on you as you didn't present the false document, but to what level you were involved is something the CO would have to address.

If you did receive a bar due to it - and are otherwise eligible for the visa - you would be refused the visa and presented with the option to file an I-601 waiver.

 

23 minutes ago, dadimmi81 said:

To tell you the truth, nothing is a privilege within this corrupted world! And rights are just given to whom they choose if we do sieve deeply.

Uh...not really relevant here? Immigration follows laws, not world-view philosophies.

[dadimmi81 0]

2 hours ago, geowrian said:

In general, no - A past visa refusal is not grounds to refuse a new IV application. That doesn't mean there is no relation between them, though...just that the past refusal itself doesn't mean you are likely to get a refusal again.

That said, if the CO determines that you participated in the misrepresentation, that could speak very poorly to your credibility. I don't think there would be a misrepresentation bar on you as you didn't present the false document, but to what level you were involved is something the CO would have to address.

If you did receive a bar due to it - and are otherwise eligible for the visa - you would be refused the visa and presented with the option to file an I-601 waiver.

 

Uh...not really relevant here? Immigration follows laws, not world-view philosophies.

Thank you so much for the exquisite detailed info. I really appreciate it.

[SusieQQQ 11,587]

7 hours ago, dadimmi81 said:

 I was totally humliliated at the interview by a rude CO! 

I would also be rude as a CO if I’d discovered a fraudulent document in front of me. It was your wife you should have felt humiliated by, not the CO.

 

anyway... it’s tricky, and not a situation that’s common, but I think geowrian gave a good answer.

[Mollie09 1,543]

So you married and divorced in the same year (2005)? Sounds like you only married her because she won the DV lottery and when that didn't work you jumped ship.

[dadimmi81 0]

1 hour ago, Mollie09 said:

So you married and divorced in the same year (2005)? Sounds like you only married her because she won the DV lottery and when that didn't work you jumped ship.

Don't jump to negative conclusions! Thanks anyway.