Tourist visa to K-1 visa with a lie

[John & Rose 7,239]

Just now, payxibka said:

I'll stop following you around and correcting your terminology.   

 

BTW, no such thing as an RFE from an embassy but 221g is correct 

I though that maybe USCIS will find the previous application and issue the RFE.  The 221(g) is from the embassy.

[payxibka 10,045]

Just now, John & Rose said:

I though that maybe USCIS will find the previous application and issue the RFE.  The 221(g) is from the embassy.

If they did, it would be one huge database .  We all know different departments within the government are known to be silos

[John & Rose 7,239]

1 minute ago, payxibka said:

If they did, it would be one huge database .  We all know different departments within the government are known to be silos

There is a question on the petition asking if anyone has ever submitted an application for you previously.  You are supposed to list ALL previous petitions and their outcome.  Of course they can skip that and just have a little more fraud...

[John & Rose 7,239]

On 11/3/2018 at 5:57 PM, Justjake said:

That's what I thought as well, but it was clarified last night during our talk.  

I didn't think retro-active would work, but I thought I would ask anyway. 

Thank you for your response. 

Good luck verifying the dates.  That is part of the deal.  They will need the marriage certificate and the divorce decree and the dates have to match what was presented to the US Government.  So NO, adding additional fraud will NOT help your case.  No amount of fraud is considered "acceptable" and we certainly cannot even suggest that defrauding the Government is an option.  

 

The option is to find a third country to live in and have a happy life together.  Fighting US Immigration for years when the result will likely be the same is taking years away from your life together.

[payxibka 10,045]

4 minutes ago, John & Rose said:

There is a question on the petition asking if anyone has ever submitted an application for you previously.  You are supposed to list ALL previous petitions and their outcome.  Of course they can skip that and just have a little more fraud...

True,  but we also know that the uscis regularly approves petitions that ultimately get turned into bans by the consulate.   I would expect no difference here

[John & Rose 7,239]

On 11/5/2018 at 3:09 PM, Justjake said:

I just talked with a lawyer and he recommended that we get married in China, and then start a marriage visa. 

Given the complexity of the visitor Visa fraud, does this seem like a viable solution?

Also, if it is viable, would she still be able to come on visit on her tourist visa during the process?

Keep in mind that the US may still deny the CR-1 and you will have to find another country to live in permanently.  You are putting band aids on the severed artery.

[geowrian 22,337]

6 minutes ago, John & Rose said:

There is a question on the petition asking if anyone has ever submitted an application for you previously.  You are supposed to list ALL previous petitions and their outcome.

What previous petition? They applied for a tourist visa so there was no petition.

[John & Rose 7,239]

2 minutes ago, geowrian said:

What previous petition? They applied for a tourist visa so there was no petition.

Application! 

Edited November 7, 2018 by John & Rose

[payxibka 10,045]

1 minute ago, geowrian said:

What previous petition? They applied for a tourist visa so there was no petition.

Grammatically challenged 

[geowrian 22,337]

2 minutes ago, John & Rose said:

Application!  

Correct. Previous applications aren't requested on the I-130, though.

[ThomasNC1988 762]

On 11/5/2018 at 4:09 PM, Justjake said:

I just talked with a lawyer and he recommended that we get married in China, and then start a marriage visa. 

Given the complexity of the visitor Visa fraud, does this seem like a viable solution?

Also, if it is viable, would she still be able to come on visit on her tourist visa during the process?

Been saying that was the best plan since the outset.

[John & Rose 7,239]

So, in summation...the OP is planning on filing a K-1 but the beneficiary received a tourist visa through fraud.  There is always the possibility that the US will not notice the previous tourist visa and everything will be fine.  Or more likely, the previous fraudulent marriage may be discovered and that will stop the K-1 until a proper dissolution of marriage is found.  At that point the petition will just die due to lack of evidence of the end of the previous marriage.  Ot worse case scenario, the US finds willful misrepresentation on the tourist visa that will most likely be a permanent ban.  Options seem limited without committing more fraud.  

[John & Rose 7,239]

8 minutes ago, ThomasNC1988 said:

Been saying that was the best plan since the outset.

But marriage visa or fiancee visa, the misrepresentation is still in play.  I had to present my divorce paperwork for my spousal visa even though I was already married again.  My wife had to show her annulment paperwork even though we were already married.  The possibility of them looking at the tourist visa application during the fiancee or spousal visa process is pretty high.  They need to answer that previous marriage question or either the spousal or the fiancee visa may just grind to a halt.

Edited November 7, 2018 by John & Rose

[TM92 527]

7 minutes ago, John & Rose said:

So, in summation...the OP is planning on filing a K-1

Correction: As the thread progressed, OP is no longer considering the K-1; OP is now considering a marriage in China followed by going the CR-1* route.

*My 2 cents: considering all the roadblocks OP faces, if they defeat all odds and are approved for a spousal visa, chances are it'll be a IR-1 by that time instead of a CR-1

Edited November 7, 2018 by TM92

[John & Rose 7,239]

14 minutes ago, TM92 said:

Correction: As the thread progressed, OP is no longer considering the K-1; OP is now considering a marriage in China followed by going the CR-1 route.

I'm not seeing where that will change any of the material information.  She has an A number.  Even if that isn't added to the CR-1 application I still believe that she has an active tourist visa and somehow somewhere that will be found.  The same question remains.  There was no closure of the fraudulent marriage so it is very possible that in the eyes of the US government the second marriage (the real one) does not exist.  She used the real name of a real friend as her first husband.  They are putting band aids onto a severed arm.  

 

The challenge is the previous fraudulent marriage.  That will always be there unless they figure out a legal way to get around that.  K-1 or CR-1 really doesn't matter as the new petition is a symptom but not the cause.  

 

At some point they may need to resolve the real cause.  It may be during AOS or when going for citizenship but it will always be there.  Even bigamy charges are possible since on paper she is married twice.  The only way to fix that is to admit the misrepresentation and possibly be in a position to be deported for being out of status.  This isn't an easy fix.  This is thinking visa fraud will just be ignored by the current administration.  There is no such thing as an honest lie.  The fraud can make anything after that point illegal.

Edited November 7, 2018 by John & Rose