Tourist visa to K-1 visa with a lie

[Lemonslice 4,852]

3 hours ago, Justjake said:

Are the answers to questions asked during an interview written down or noted when the question isn't on the application?

Example, if she is asked how much she makes a year, is that documented for later reference, and can a request of those notes be made?

Do you think/did she tell you she told other inconsistent details?

[Villanelle 4,122]

@justjake 

I actually spoke to a casual online acquaintance who is a USCIS officer and before I was able to explain the specifics he offered this-

paraphrasing-

You will marry and file 130. Must fill out truthfully- so any previous marriages and divorces- she has none. 130 is basically verifying the relationship qualifies. Should not have any issues getting approval.

Case will go to NVC. You fill out ds260 (160 is for non immigrant 260 for immigrant) On it there is a question about have you ever sought to obtain or assist others to obtain a visa by fraud. She will have to answer yes and provide an explanation. This is where you need the attny to help. 

He was then unclear on what happens next but I got the impression that the case will be sent to the Embassy where they will interview her and deny her based on that yes and explain if she can get a waiver. 

She can not say NO on the 260 or it will make it worse. 

 

So I guess you at least have an idea of the how and where this will be disclosed. I'll try to catch him again next time I see him online and maybe he will have enough time to explain further- but you really should speak to an immigration attny about this rather then trying to figure it out on your own. Often its easier to take info from a qualified source and research it then to start from scratch. 

[Justjake 23]

5 minutes ago, Damara said:

@justjake 

I actually spoke to a casual online acquaintance who is a USCIS officer and before I was able to explain the specifics he offered this-

paraphrasing-

You will marry and file 130. Must fill out truthfully- so any previous marriages and divorces- she has none. 130 is basically verifying the relationship qualifies. Should not have any issues getting approval.

Case will go to NVC. You fill out ds260 (160 is for non immigrant 260 for immigrant) On it there is a question about have you ever sought to obtain or assist others to obtain a visa by fraud. She will have to answer yes and provide an explanation. This is where you need the attny to help. 

He was then unclear on what happens next but I got the impression that the case will be sent to the Embassy where they will interview her and deny her based on that yes and explain if she can get a waiver. 

She can not say NO on the 260 or it will make it worse. 

 

So I guess you at least have an idea of the how and where this will be disclosed. I'll try to catch him again next time I see him online and maybe he will have enough time to explain further- but you really should speak to an immigration attny about this rather then trying to figure it out on your own. Often its easier to take info from a qualified source and research it then to start from scratch. 

That is a huge help, particularly the DS-260.  

Any additional insight you can offer will be appreciated.

In reference to attorneys, do you think I should narrow it down to those that focus on waivers?

[Daniela M_______ 410]

On 11/7/2018 at 2:10 PM, 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.

Except it's just a paper. You can get married with someone you know from a week ago or be a fiance of someone you know for the past 10 years. That's why proof of bonafide relationship is needed in both cases, even one is legal already and the one is not yet.

[Crazy Cat 41,888]

11 hours ago, Damara said:

Case will go to NVC. You fill out ds260 (160 is for non immigrant 260 for immigrant) On it there is a question about have you ever sought to obtain or assist others to obtain a visa by fraud. She will have to answer yes and provide an explanation.

Ok.  That makes some sense.  That would provide a path through the "provide documentation of termination of previous marriage" issue.....getting to the interview stage has been the tricky part to this point....

Edited November 15, 2018 by missileman

[TM92 527]

13 hours ago, Damara said:

You fill out ds260 (160 is for non immigrant 260 for immigrant) On it there is a question about have you ever sought to obtain or assist others to obtain a visa by fraud. She will have to answer yes and provide an explanation. This is where you need the attny to help.

@Justjake, here is the full question; https://travel.state.gov/content/dam/visas/DS-260 Exemplar.pdf page 60:

Quote

Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?

After selecting "Yes", an explanation is required.

[Justjake 23]

15 hours ago, Lemonslice said:

Do you think/did she tell you she told other inconsistent details?

From everything we have discussed, only the visitor visa containing a married marital status despite not being married, there have been no other inconsistent details. (That I know of)  She has been extremely transparent about herself.

[Villanelle 4,122]

Just make sure you consult with an attny BEFORE filling out the ds260. Whatever you say as an explanation is going to scrutinized so you need to choose the words carefully. Best to use an attny experienced in waivers- specifically experienced in misrep/fraud rather then overstay or other issues. 

[Justjake 23]

53 minutes ago, Damara said:

Just make sure you consult with an attny BEFORE filling out the ds260. Whatever you say as an explanation is going to scrutinized so you need to choose the words carefully. Best to use an attny experienced in waivers- specifically experienced in misrep/fraud rather then overstay or other issues. 

Thank you.  Do you think I should consult one before filing the I-130?  

I don't see anything on that tripping us up.

Good point on misrepresentation/fraud as opposed to overstay. Thanks for that tip. 

[Justjake 23]

Quick question..

I assume that once we get denied for a marriage visa, her visitor Visa will be revoked as well because of will full misrepresentation/ fraud.

Is that a correct assumption?

[Boiler 45,525]

I would not expect it it to take that long.

[Justjake 23]

You think it can be revoked sooner?  

At what point in the process of an I-130 would they revoke her visitor Visa?

Do you know if they send her a letter informing her?

[Crazy Cat 41,888]

13 minutes ago, Justjake said:

Quick question..

I assume that once we get denied for a marriage visa, her visitor Visa will be revoked as well because of will full misrepresentation/ fraud.

Is that a correct assumption?

Revoked or not, it would not be wise to attempt entry into the US with a fraudulently obtained B2.......

[Boiler 45,525]

Well I have never heard of someone receiving a letter.

 

I have seen these 3:

 

Being called into the Consulate to have it cancelled

Find out when they checked in to fly that it had been revoked

Being bounced by Immigration when they attempt to enter.

[Crazy Cat 41,888]

3 minutes ago, Boiler said:

Well I have never heard of someone receiving a letter.

 

I have seen these 3:

 

Being called into the Consulate to have it cancelled

Find out when they checked in to fly that it had been revoked

Being bounced by Immigration when they attempt to enter.

Same here.  I recall those methods also, but not a letter.....I have seen a few posters whose relatives thought their B2s were still valid because they never received a letter.  They found out differently once they arrived at the border....or tried to board.