Tourist visa to K-1 visa with a lie

[geowrian 22,338]

The primary issue is the document showing that her false marriage was dissolved.

The misrepresentation is definitely an concern, but a much smaller one IMO...that can be overcome with a strong enough case and a good lawyer. The divorce issue cannot be worked around so easily.

[TM92 527]

14 minutes ago, John & Rose said:

I'm not seeing where that will change any of the material information.

True; I added my jocose opinion after the fact:

18 minutes ago, TM92 said:

*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

My main comment was directed to your "summary" that didn't acknowledge OP's shift from considering the K-1 to the CR-1 as the thread progressed. Now, was it "willful omission" from you or "long thread fatigue"? Pick your poison.

Edited November 7, 2018 by TM92

[ThomasNC1988 762]

13 minutes ago, John & Rose said:

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.

My reasoning is an approved I-130 has a lot more staying power than a 129f as an immediate relative on a USC has some legal standing where a fiance is pretty much just someone you know.

[payxibka 10,047]

1 minute ago, ThomasNC1988 said:

My reasoning is an approved I-130 has a lot more staying power than a 129f as an immediate relative on a USC has some legal standing where a fiance is pretty much just someone you know.

However a permanent ban has the same staying power regardless 

[ThomasNC1988 762]

Here is something worth reading OP

 

https://www.shusterman.com//newsletterusimmigrationapril2011#5

 

Dated but relevant. 

[John & Rose 7,239]

17 minutes ago, TM92 said:

True; I added my jocose opinion after the fact:

My main comment was directed to your "summary" that didn't acknowledge OP's shift from considering the K-1 to the CR-1 as the thread progressed. Now, was it "willful omission" from you or "long thread fatigue"? Pick your poison.

It was long thread fatigue...  I saw the comment and instead of thanking you for the update (hadn't gotten there yet) I just thought it really shouldn't matter which way he goes.  It doesn't solve the real challenge.  

 

Thank you for bringing me up to date.  You saved me a lot of reading.

[John & Rose 7,239]

18 minutes ago, ThomasNC1988 said:

My reasoning is an approved I-130 has a lot more staying power than a 129f as an immediate relative on a USC has some legal standing where a fiance is pretty much just someone you know.

Agreed, as long as the second marriage is deemed legal by the US.  It is a tough situation all around but that fraud just won't go away.  This is a very bad time to mess with immigration.

[SalishSea 18,179]

On 11/5/2018 at 1:09 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?

I would not recommend that she continue to travel on a tourist visa which was obtained fraudulently. 

[Justjake 23]

Wow, this thread exploded in a few hours, thanks to everyone that replied.
I have told my fiancee that she should not use her tourist visa any more. No more fruit from a poisoned tree.

After reading here, and discussing with a lawyer briefly, the decision to get married in China when I visit her next year is the course of action we will be taking.
After that, an I-130 will be filed.
The current application will be answered truthfully.  I have been married previously, and am able to provide a divorce judgement, and that she has not been married.

If and when they compare the application to her visitor visa paperwork and see the descrepency, she will be forthcoming and honest, taking ownership of the fraud, and not blaming the agency she used, as it is indeed her signature at the bottom of the paper.
The result of that will of course end up with a ban, and at that point we would start an I-601 waiver.  I am not sure how I can prove extreme hardship, as I am fairly fit and self supporting.  

 

Is there a part of me that hopes it goes through without them checking? Sure there is.  But I know enough to not make it worse by digging the hole deeper with more fraud.  Some of the questions i ask may be contrary to that, but that is only because I don't know what I don't know, and the only way I can know is by asking, and all the great volunteers here clarifying and answering the questions.

[Going through 5,671]

6 minutes ago, Justjake said:

The result of that will of course end up with a ban, and at that point we would start an I-601 waiver.

Just note that you will probably want to enlist a lawyer if the finding is immigration fraud/misrepresentation.

 

 

Edited November 7, 2018 by Going through

[geowrian 22,338]

Just now, Going through said:

Just note that you can't apply for the waiver if the finding is immigration fraud/misrepresentation----that is not a ground of inadmissibility able to be waived with the i-601.

...yes it is:

https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf

"2. Immigration Fraud or Misrepresentation

If you are inadmissible because you sought to procure an immigration benefit by fraud or misrepresented a material fact (INA section 212(a)(6)(C)(i)), you may seek a waiver by filing this application.

NOTE: If you are inadmissible based on a false claim to be a U.S. citizen (INA section 212(a)(6)(C)(ii)), and if you made your false claim on or after September 30, 1996, a waiver under INA section 212(i) is not available to you and you should not file this application.

 

A. Your qualifying U.S. citizen, or lawful permanent resident relative (spouse or parent), or the K visa petitioner would experience extreme hardship if you were denied admission; or

B. You are a VAWA self-petitioner and you or your U.S. citizen, lawful permanent resident, or qualified parent or child would experience extreme hardship if you were denied admission.

 

For information about how you can establish hardship, see the What Evidence Must You Submit section of these Instructions."

[Going through 5,671]

2 minutes ago, geowrian said:

...yes it is:

https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf

"2. Immigration Fraud or Misrepresentation

If you are inadmissible because you sought to procure an immigration benefit by fraud or misrepresented a material fact (INA section 212(a)(6)(C)(i)), you may seek a waiver by filing this application.

NOTE: If you are inadmissible based on a false claim to be a U.S. citizen (INA section 212(a)(6)(C)(ii)), and if you made your false claim on or after September 30, 1996, a waiver under INA section 212(i) is not available to you and you should not file this application.

 

A. Your qualifying U.S. citizen, or lawful permanent resident relative (spouse or parent), or the K visa petitioner would experience extreme hardship if you were denied admission; or

B. You are a VAWA self-petitioner and you or your U.S. citizen, lawful permanent resident, or qualified parent or child would experience extreme hardship if you were denied admission.

 

For information about how you can establish hardship, see the What Evidence Must You Submit section of these Instructions."

yeah I know I edited my original post as you submitted yours lol

[Justjake 23]

1 minute ago, geowrian said:

...yes it is:

https://www.uscis.gov/system/files_force/files/form/i-601instr.pdf

"2. Immigration Fraud or Misrepresentation

If you are inadmissible because you sought to procure an immigration benefit by fraud or misrepresented a material fact (INA section 212(a)(6)(C)(i)), you may seek a waiver by filing this application.

NOTE: If you are inadmissible based on a false claim to be a U.S. citizen (INA section 212(a)(6)(C)(ii)), and if you made your false claim on or after September 30, 1996, a waiver under INA section 212(i) is not available to you and you should not file this application.

 

 A. Your qualifying U.S. citizen, or lawful permanent resident relative (spouse or parent), or the K visa petitioner would experience extreme hardship if you were denied admission; or

B. You are a VAWA self-petitioner and you or your U.S. citizen, lawful permanent resident, or qualified parent or child would experience extreme hardship if you were denied admission.

 

For information about how you can establish hardship, see the What Evidence Must You Submit section of these Instructions."

Thanks Geo, I was reading the same page when you posted that. I've also been looking at what constitutes hardship, which seems dang near impossible in my case.

[Going through 5,671]

3 minutes ago, Justjake said:

I've also been looking at what constitutes hardship, which seems dang near impossible in my case.

This pinned topic might help give you a more rounded view of what is considered/evidence generally submitted: 

 

 

Edited November 7, 2018 by Going through

[Villanelle 4,122]

https://www.aila.org/File/DownloadEmbeddedFile/65964

 

this is the only link I can find for this doc- it auto downloads a pdf- but its a safe site aila.org Its a draft memo from USCIS policy manual posted 10/2015 so it may not be 100% reflective of current policies- however it will give you a starting point.

It gives a very good overview of the waiver requirements.