Tourist visa to K-1 visa with a lie

[Justjake 23]

5 minutes ago, Boiler said:

Obvious option would be marriage.

 

Not sure if you fully have read this thread.

 

HR?

 

 

I have read the entirety of this thread.  When you mentioned Europe not being an obvious option, I was under the impression that you had a different country in mind that would be a better option.
HR - Human Resources.

[Going through 5,671]

6 hours ago, Justjake said:

I'm also checking with HR and what legal services they offer as well.

The HR office at your workplace is not going to be able to help you with filing a K1 visa...likely any lawyer they have is for work visas only.

As mentioned several times in this thread, the CR-1 is probably your better option.

[Crazy Cat 41,888]

10 hours ago, Justjake said:

nothing exceptional or out of the ordinary, just a good business sense. Thanks for that.  What would be an obvious option?
I've sent an email to the lawyer thanking him for his time, and my plan to go the K-1 route, and employ him when it comes time for a waiver to be filed.

I'm also checking with HR and what legal services they offer as well.

Thanks to everyone that has commented so far, I appreciate it, and hope to do some shoveling here in the future when i get more experience under my belt.

In my humble opinion, if a US citizen can marry his/her fiance outside the US, the CR-1 is a much, much better option than a K-1.......I believe you face the very same issue(s) regardless of the petition option you choose.

[Justjake 23]

1 hour ago, missileman said:

In my humble opinion, if a US citizen can marry his/her fiance outside the US, the CR-1 is a much, much better option than a K-1.......I believe you face the very same issue(s) regardless of the petition option you choose.

If they both result in arrive to the same issue, will being married have a better effect on the outcome than being engaged?

[Just Paul 4,595]

A k1 can not be appealed.  You have to file again and pay the fees.  A cr1 can be appealed.

[Boiler 45,525]

Well we are on page 10 and lots of potential issues have come up and have been commented on.

 

A consultation with a Lawyer has happened but I am less than clear what was said, were all the issues discussed, what is the recommendation?

 

The biggie still seems to me the Divorce Certificate issue, now this is not the first time I have come across the situation but it could be the first time I have seen a way around it.

 

 

[Justjake 23]

4 minutes ago, Boiler said:

Well we are on page 10 and lots of potential issues have come up and have been commented on.

 

A consultation with a Lawyer has happened but I am less than clear what was said, were all the issues discussed, what is the recommendation?

 

The biggie still seems to me the Divorce Certificate issue, now this is not the first time I have come across the situation but it could be the first time I have seen a way around it.

 

 

My consulate with the lawyer was a brief call.  He too came to the same conclusion about getting married and applying.

I've discussed this with my Fiancee, and we will be getting married when I visit her next year.

I appreciate that help that has gone into these 10 pages.

I've also covered with her that because the tourist visa was obtained fraudulently, that she should not travel over here during the process, and that I will make multiple trips to her. 

She is on board with that assessment and plan.

[YulenkaF 42]

1 hour ago, Justjake said:

My consulate with the lawyer was a brief call.  He too came to the same conclusion about getting married and applying.

I've discussed this with my Fiancee, and we will be getting married when I visit her next year.

I appreciate that help that has gone into these 10 pages.

I've also covered with her that because the tourist visa was obtained fraudulently, that she should not travel over here during the process, and that I will make multiple trips to her. 

She is on board with that assessment and plan.

if you will use tourist visa even if you already have it- you will ignore a law even more.  And they will remind you that at the interview. Do not make your chances  less. Wish you better luck then I am in.

[SalishSea 17,836]

19 hours ago, Justjake said:

We have talked about that, and have also talked about moving to a country in Europe.  The problem with that is I share 50/50 custody and I won't move away from my kid.  That means at least 4 years of long distance relationship, which though not ideal, is doable. My fiancee is aware of that as well. 

Join the club.  Many of us have been in long distance relationships for that long, or longer.  Whatever route you choose, it will not be a fast process.

[Crazy Cat 41,888]

3 hours ago, Justjake said:

If they both result in arrive to the same issue, will being married have a better effect on the outcome than being engaged?

Being married won't resolve the issues any faster imo, but it will result in a smoother/shorter path to the green card (after the "free to marry" and possible waiver obstacles are overcome).

[Justjake 23]

22 minutes ago, missileman said:

Being married won't resolve the issues any faster imo, but it will result in a smoother/shorter path to the green card (after the "free to marry" and possible waiver obstacles are overcome).

Missileman, may I ask why there is such a time gap between when you were married and when you received your NOA1?

I'm all for a smoother path if it takes longer.  Shortest distance between two points is a straight line.

[Crazy Cat 41,888]

Just now, Justjake said:

Missileman, may I ask why there is such a time gap between when you were married and when you received your NOA1?

I'm all for a smoother path if it takes longer.  Shortest distance between two points is a straight line.

Certainly. We married in Taiwan and made our home there until we then decided to return to the US in early 2016.....I then re-established domicile here and filed for my wife's CR-1.......and the rest is history......

[Justjake 23]

5 minutes ago, missileman said:

Certainly. We married in Taiwan and made our home there until we then decided to return to the US in early 2016.....I then re-established domicile here and filed for my wife's CR-1.......and the rest is history......

Thank you sir. 

[Crazy Cat 41,888]

14 minutes ago, Justjake said:

Missileman, may I ask why there is such a time gap between when you were married and when you received your NOA1?

I'm all for a smoother path if it takes longer.  Shortest distance between two points is a straight line.

The "smoother/shorter path" to a green card regards the elimination of the Adjustment of Status process and the "limbo" period of having no real legal status as a K-1 immigrant.

[Justjake 23]

A little bit of an update.  My fiancee sent a picture of her previous denial letter, and it does reference Section 214(b) as being ineligible.  

Currently I am reading about Fraud and Willful misrepresentation on UCSIC's website, to determine which if it constitutes being classified as Willful Misrepresentation or Fraud.  

I suspect that her case is the worse of the two, meaning that she will be found ineligible due to Fraud, rather than Willful Misrepresentation, since Fraud also contains the clauses:

 

•The false representation was made with the intent to deceive a U.S. government official authorized to act upon the request (generally an immigration or consular officer); 

 and

•The U.S. government official believed and acted upon the false representation by granting the benefit. 

 

So I guess my first question is, if she is applying for a Tourist Visa (B-2) and she specifically said she wanted to travel, why should her marital status have any impact on the validity of her application?  
Granted, I understand that, in practice, people will lie on their applications, and as such the Consulate will deny a higher percentage of applicants as a result, but in theory, it seems that the Consulate should be taking applicants at their word.  

(please refrain from pointing out the irony of the situation as that has not been lost on me)

 

Second question, if marital status is such a deciding factor on whether to grant someone a B-2 Visa, why is it not a prerequisite that the applicant is married, when applying for non-immigration based Visa's?