Tourist visa to K-1 visa with a lie

[John & Rose 7,239]

17 hours ago, Justjake said:

Thank you for your reply and input. I appreciate the honesty. I will most definitely be getting a lawyer.  This is something I would never attempt to do pro se.

In the meantime, is there anything I can do to help out around the forums?  Direct new posters, be a Google search monkey or anything. 

Just being here to share your experience helps us all.  We all have experience and new members show up everyday.  The more helpers the better off we all are.

[Justjake 23]

Since there are eyes on this thread, I thought I would add to it unless you link a new thread should be started to address my questions..

 

Concerning getting married and filing an I-130,  I figured out that I need to put my soon to be wife's new last name in instead of her maiden name.  I won't address the green card issue for now as readers of the thread know that the application will be denied, which is where my question comes in.

 

During the interview, will they compare the I-130 with the DS-160 they have on file, and ask for the divorce certificate at that point, or will they issue a RFE?

If they ask for the divorce certificate, at that point my spouse will inform them of the fraud on the DS-160.  If they don't ask for it, is it safe to assume that it will be an RFE?  If that assumption is safe, should the spouse volunteer the information about the fraud during the interview?   That way the denial is quicker, and no need for delay of having to provide something for an RFE that can't be provided.

[payxibka 10,045]

3 minutes ago, Justjake said:

Since there are eyes on this thread, I thought I would add to it unless you link a new thread should be started to address my questions..

 

Concerning getting married and filing an I-130,  I figured out that I need to put my soon to be wife's new last name in instead of her maiden name.  I won't address the green card issue for now as readers of the thread know that the application will be denied, which is where my question comes in.

 

During the interview, will they compare the I-130 with the DS-160 they have on file, and ask for the divorce certificate at that point, or will they issue a RFE?

If they ask for the divorce certificate, at that point my spouse will inform them of the fraud on the DS-160.  If they don't ask for it, is it safe to assume that it will be an RFE?  If that assumption is safe, should the spouse volunteer the information about the fraud during the interview?   That way the denial is quicker, and no need for delay of having to provide something for an RFE that can't be provided.

Have you looked over the ds-260 and the i-130?  You will see that they will have the needed information to connect this new application to previous 

[Boiler 45,371]

What I have seen happen in other situations, different consulate.

 

Attend interview

Asked for Divorce Certificate

Given RFE to supply Divorce Certificate

 

[John & Rose 7,239]

17 minutes ago, Justjake said:

During the interview, will they compare the I-130 with the DS-160 they have on file, and ask for the divorce certificate at that point, or will they issue a RFE?

If they ask for the divorce certificate, at that point my spouse will inform them of the fraud on the DS-160.  If they don't ask for it, is it safe to assume that it will be an RFE?  If that assumption is safe, should the spouse volunteer the information about the fraud during the interview?   That way the denial is quicker, and no need for delay of having to provide something for an RFE that can't be provided.

I would not voluntarily offer the fraud information.  My guess is they issue an RFE or 221(g) for additional information that you cannot produce.  It dies there.  Worse case scenario is permanent ban for misrepresentation.

 

She knowingly lied on a visa application in order to be approved when without that lie approval would not have been possible.

Edited November 14, 2018 by John & Rose

[Justjake 23]

6 minutes ago, John & Rose said:

I would not voluntarily offer the fraud information.  My guess is that worse case is they issue an RFE or 221(g) for additional information that you cannot produce.  It dies there.  

How would that work?  We are issued an RFE and we respond via a letter stating that one can't be produced?  If that is the case, then I would imagine shortly afterwards the website will update to reflect a DENIAL status and at that point we start on a I-601 waiver?

[Crazy Cat 41,656]

You might not even get to the interview.  NVC reviews paperwork.  In our case, NVC issued a checklist (RFE) with following paragraph because of missing documentation.  This is a snapshot of part of the letter we received. They wanted my wife's documentation that her previous marriage was terminated.  This is how it looked:

Edited November 14, 2018 by missileman

[Justjake 23]

3 minutes ago, missileman said:

You might not even get to the interview.  NVC reviews paperwork.  In our case, NVC issued a checklist (RFE) with following paragraph because of missing documentation.  They wanted my wife's documentation that her previous marriage was terminated.  This is how it looked:

Did you provide a scanned copy and upload it to a site or mail it to them, where they verify, or is it something that you brought with you during an interview? In my case, do we just submit a letter about the misrepresentation?

[John & Rose 7,239]

10 minutes ago, Justjake said:

How would that work?  We are issued an RFE and we respond via a letter stating that one can't be produced?  If that is the case, then I would imagine shortly afterwards the website will update to reflect a DENIAL status and at that point we start on a I-601 waiver?

You keep thinking that there is an easy way out of this.  There isn't.  That denial will end up being a ban because the visa in question was received through material misrepresentation.  Will they accept a waiver request because "you can't produce proof of the termination of your fiancee's previous marriage".  Do you really think that would fly?  Go and live with her.  Get married there.  Get on with your life together.  

[John & Rose 7,239]

8 minutes ago, missileman said:

You might not even get to the interview.  NVC reviews paperwork.  In our case, NVC issued a checklist (RFE) with following paragraph because of missing documentation.  This is a snapshot of part of the letter we received. They wanted my wife's documentation that her previous marriage was terminated.  This is how it looked:

And in legalese "MUST" means "must".  It doesn't mean should.  

[John & Rose 7,239]

5 minutes ago, Justjake said:

Did you provide a scanned copy and upload it to a site or mail it to them, where they verify, or is it something that you brought with you during an interview? In my case, do we just submit a letter about the misrepresentation?

What is your goal?  Any material misrepresentation will mean a ban.  You can try to hope for a 3 year or a 10 year but I doubt if they will just laugh and smile and pat you on the back.  If you love her and want to be with her then consider moving to her.  This is not the time to expect immigration to be overly friendly towards fraud.  I'm not sure there was ever a time where admitting fraud to get a visa would be looked at as anything less than a ban able offense.  

[YulenkaF 42]

6 minutes ago, John & Rose said:

What is your goal?  Any material misrepresentation will mean a ban.  You can try to hope for a 3 year or a 10 year but I doubt if they will just laugh and smile and pat you on the back.  If you love her and want to be with her then consider moving to her.  This is not the time to expect immigration to be overly friendly towards fraud.  I'm not sure there was ever a time where admitting fraud to get a visa would be looked at as anything less than a ban able offense.  

not agreed.

They do not have material misrepresentation yet.

They have  three possibilities how all can be.

It does not mean that they will have 212 in their case.

I follow all such situations. There are many ppl who said truth at the interview and had 221g and then AP and issued even after difference in information before.

Otherways why all this forum is here?????

 

Edited November 14, 2018 by YulenkaF

[geowrian 22,337]

28 minutes ago, Justjake said:

How would that work?  We are issued an RFE and we respond via a letter stating that one can't be produced?  If that is the case, then I would imagine shortly afterwards the website will update to reflect a DENIAL status and at that point we start on a I-601 waiver?

The waiver would only come into play after being otherwise eligible for the visa but being denied due to the misrepresentation inadmissibility.

Note the specific terms being used:

1) Eligibility for the visa, which includes having a legal and bona fide marriage. This means any prior marriages being terminated with documentation to show this.

2) Inadmissibility, which is a ban on being admitted to the US. This is where the misrepresentation comes into play.

 

In order for her to be eligible for the visa, she would need to respond to the RFE appropriately. Otherwise, the visa will remain refused and the I-130 will be revoked.

In order for her to be admissible to the US, she will need the misrepresentation bar waived.

Edited November 14, 2018 by geowrian

[Crazy Cat 41,656]

15 minutes ago, Justjake said:

Did you provide a scanned copy and upload it to a site or mail it to them, where they verify, or is it something that you brought with you during an interview? In my case, do we just submit a letter about the misrepresentation?

In our case, our attorney, who said it was a mistake, called NVC.........I suspect the attorney actually mailed it to NVC at that time.  12 weeks later, we received the "case complete" email from NVC.

[John & Rose 7,239]

3 minutes ago, YulenkaF said:

not agreed.

They do not have material misrepresentation yet.

They have  three possibilities how all can be.

It does not mean that they will have 212 in their case.

I follow all such situations. There are many ppl who said truth at the interview and had 221g and then AP and issued.

Otherways why all this forum is here?????

 

It is a long thread.  She tried and was denied for 3 tourist visas.  She used the name of a friend and stated she was married for the 4th tourist visa and was approved.  She was never married but that misrepresentation is why the issued the 4th tourist visa.

 

Now they want to do a K-1 but they will not be able to show the termination of the fake marriage.  

Edited November 14, 2018 by John & Rose