Tourist visa to K-1 visa with a lie

[Justjake 23]

3 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.  

My goal is to use every bit of information available to me to complete this process without rolling over and playing dead.  
If I can be frank for a moment, I am not the type of person that will take the word of people on a forum as gospel.  I will use whatever collective knowledge that has been gleamed from everyone's experiences and roll my own experience with an effort that is the most beneficial to me.  I would like to hear from those that say "how this can be done" instead of hearing from those that say "this can't be done".

I appreciate your input in this, and I place value on your words, they are not falling on deaf ears.   But if you feel like you are talking to a wall,  I will understand if you don't wish to contribute any more.  

[Crazy Cat 42,436]

3 minutes ago, geowrian said:

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.

Thanks for posting this.  That was actually the point that I didn't make clear...........any question regarding the previous "marriage" might have to be addressed well before any interview is conducted.

[John & Rose 7,239]

1 minute ago, Justjake said:

My goal is to use every bit of information available to me to complete this process without rolling over and playing dead.  
If I can be frank for a moment, I am not the type of person that will take the word of people on a forum as gospel.  I will use whatever collective knowledge that has been gleamed from everyone's experiences and roll my own experience with an effort that is the most beneficial to me.  I would like to hear from those that say "how this can be done" instead of hearing from those that say "this can't be done".

I appreciate your input in this, and I place value on your words, they are not falling on deaf ears.   But if you feel like you are talking to a wall,  I will understand if you don't wish to contribute any more.  

We want to help you.  The problem is there is one very difficult hurdle.  I do not believe there is a way for her to admit visa fraud without getting a ban.  I wish there was a way but the fact is she is NOT eligible for a visa so the waiver is mute.  Admitting visa fraud will be a problem.  Getting proof of termination of the pervious marriage will be a problem.  All roads lead to a bottleneck that I do not believe can be passed.  

 

I suggest moving there and living with her.  Marry her there.  Live a full and loving life.  I honestly wish there was someway around this but visa fraud is a serious offense, now more than ever.  

[Justjake 23]

2 minutes ago, missileman said:

Thanks for posting this.  That was actually the point that I didn't make clear...........any question regarding the previous "marriage" might have to be addressed well before any interview is conducted.

And that is my question, how is it addressed?

[John & Rose 7,239]

1 minute ago, Justjake said:

And that is my question, how is it addressed?

By telling the truth and being banned or by perpetuating the lie.  Neither option is going to be good and both end up in the same place.

 

A REALLY good lawyer may help but the first step is admitting that the visa was obtained through a fraudulent method.  From there it is an uphill battle.  

[geowrian 22,338]

4 minutes ago, Justjake said:

And that is my question, how is it addressed?

That's the $1 million question that I don't know if there is an answer (well, not one that will result in being issued a visa).

[Crazy Cat 42,436]

7 minutes ago, Justjake said:

And that is my question, how is it addressed?

Honestly, I don't know.......

[Justjake 23]

1 minute ago, geowrian said:

That's the $1 million question that I don't know if there is an answer (well, not one that will result in being issued a visa).

Thanks for the honesty about if there is even an answer.  The result of the visa being issued is something like step 15 for me.  I'm working on step 2, how to come clean about the fraud. 

[John & Rose 7,239]

Lets look at this...

 

Say he files and gets an RFE about the termination of the previous marriage.  How can he respond?  

 

If he admits fraud at that point what does USCIS do?  At a minimum they deny the petition.

 

I don't see how to get past that part.

[Justjake 23]

1 minute ago, missileman said:

Honestly, I don't know.......

Thanks, i will take that answer, and continue on.  In a year or so, I should be able to provide an answer for the board.  

[Crazy Cat 42,436]

Just now, Justjake said:

Thanks, i will take that answer, and continue on.  In a year or so, I should be able to provide an answer for the board.  

I sincerely hope you can resolve this.......soon.

[Justjake 23]

1 minute ago, John & Rose said:

Lets look at this...

 

Say he files and gets an RFE about the termination of the previous marriage.  How can he respond?  

 

 If he admits fraud at that point what does USCIS do?  At a minimum they deny the petition.

 

I don't see how to get past that part.

Does USCIS deny the petition or would another entity deny it, like the NVC or the CO

[geowrian 22,338]

2 minutes ago, Justjake said:

Thanks for the honesty about if there is even an answer.  The result of the visa being issued is something like step 15 for me.  I'm working on step 2, how to come clean about the fraud. 

I wish there was a more clear response to answer it, but I simply don't have one nor can point to a case where (a good) one  has been provided.

I do wish you luck together, though...I understand how rough it must be. I don't condone what she did by any means at all, but it does put you both in a difficult position now and my heart does go out to you both.

[Crazy Cat 42,436]

3 minutes ago, John & Rose said:

Lets look at this...

 

Say he files and gets an RFE about the termination of the previous marriage.  How can he respond?  

 

If he admits fraud at that point what does USCIS do?  At a minimum they deny the petition.

 

I don't see how to get past that part.

Well, unless an experienced attorney has better advice, we might never know until he files....and waits for the fallout....

[Crazy Cat 42,436]

Just now, geowrian said:

I wish there was a more clear response to answer it, but I simply don't have one nor can point to a case where (a good) one  has been provided.

I do wish you luck together, though...I understand how rough it must be. I don't condone what she did by any means at all, but it does put you both in a difficult position now and my heart does go out to you both.

I second that.........wholeheartedly!!