Tourist visa to K-1 visa with a lie

[Justjake 23]

4 minutes ago, geowrian said:

Exactly. The lie itself is potentially material. If so, she will be deemed permanently inadmissible but this can be waived with an I-601. No way to know what will happen beforehand and no way to file it beforehand.

 

And yes, they will ask for a divorce decree, death certificate, or annulment to show that she is no longer married. Not having this (since she was not ever married) is going to present some decent hurdles to overcome.

Thanks for adding that and contributing to the movement of the discussion.  I agree that it is a waiting game to see what happens, and you have confirmed that.  What has your experiences showed about a waiver being successful in a situation like this? Would it be better to marry instead and go that route?

[Boiler 45,525]

You would only get to the Waiver stage if a Visa is otherwise issuable, the cases I have seen stall at the Divorce Certificate.

[Justjake 23]

I hope it doesn't come to stalling at the divorce certificate issue.  Is there any remedy or course of action that would work best if that was the case?  I'm not meaning to future trip, but just wanting to gather as much information as possible.
Thanks again.

[NigeriaorBust 4,087]

  Marrying won't help. They will deny the CR1 on the ground you didn't provide proof that all previous marriages are terminated.  After all she did say under penalty of perjury that she was married.  

[randomstairs 303]

Lying to get a visa after multiple denials and then staying on that "approved" visa is as deep inside the territory of visa fraud as it gets. She will have to admit lying on the visa application (*material* misrepresentation, for sure) and then hope to get a waiver. 

 

Off topic: would you consider suggesting moving to China or a third country and see her response?  

[Going through 5,671]

7 hours ago, Justjake said:

Would it be better to marry instead and go that route?

She would still have to produce a divorce decree from the first "marriage" (since she already claimed to be married before, and it's on record) to be eligible to receive the spouse visa.

[Going through 5,671]

7 hours ago, Justjake said:

I hope it doesn't come to stalling at the divorce certificate issue.  Is there any remedy or course of action that would work best if that was the case?

The examples I've seen here involved the USC moving to the foreign country as the end result.

[Ben&Zian 4,398]

ah, Fridays...

[Crazy Cat 41,887]

12 hours ago, Justjake said:

I believe it would be a waiver for inadmissibility. 

Admissibility is a large territory.  Misrepresentation is a dangerous part of that territory. In all honesty, this situation warrants a consultation with a good immigration attorney at the least, imo.  

As @Boiler stated, "You would only get to the Waiver stage if a Visa is otherwise issueable,"  That means you might not find out that a waiver is even possible until after the interview.  That is assuming you get past USCIS  before questions are asked. This will be a long, difficult process, imo.

[payxibka 10,045]

2 minutes ago, missileman said:

Admissibility is a large territory.  Misrepresentation is a dangerous part of that territory. In all honesty, this situation warrants a consultation with a good immigration attorney at the least, imo.  

As @Boiler stated, "You would only get to the Waiver stage if a Visa is otherwise issueable,"  That means you might not find out that a waiver is even possible until after the interview.  That is assuming you get past USCIS  before questions are asked. This will be a long, difficult process, imo.

I think the petition is not going to be the issue.   It is the consulate where the problem resides 

[Crazy Cat 41,887]

1 minute ago, payxibka said:

I think the petition is not going to be the issue.   It is the consulate where the problem resides 

Yep. I think you are right.  That's why I said "you might not find out that a waiver is even possible until after the interview".  This will be a long, long process.....

 

[payxibka 10,045]

Just now, missileman said:

Yep. I think you are right.  That's why I said "you might not find out that a waiver is even possible until after the interview".  This will be a long, long process.....

 

Agreed but you also said if "you get past the uscis."   There is nothing here that would indicate the uscis would stop it if they prepared a proper petition as they probably would not even be aware of any misrepresentation 

[Crazy Cat 41,887]

1 minute ago, payxibka said:

Agreed but you also said if "you get past the uscis."   There is nothing here that would indicate the uscis would stop it if they prepared a proper petition as they probably would not even be aware of any misrepresentation 

Right.....

[HP+IC 292]

37 minutes ago, payxibka said:

Agreed but you also said if "you get past the uscis."   There is nothing here that would indicate the uscis would stop it if they prepared a proper petition as they probably would not even be aware of any misrepresentation 

In my understanding, that's what a front-loaded petition is for. There is a brilliant question on I-129F referring to the beneficiary ever visiting the US before and I-94 thing. So if the OP is concerned with misrep while choosing the K1 path, they may want to enclose a letter of explanation right with the petition and not wait till the interview. In my own case I've been to the US for a high school kids exchange visit 30 years ago with only photo evidence available, no old passport (gosh, it was USSR then), no visa details, no even dates of entry and departure, only a rough idea of how long the visit was and that it was 100% legal with no overstay. We enclosed a detailed explanation so that my situation is known to all those interested at all stages. 

[payxibka 10,045]

B. Willful Misrepresentation

 

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact.  For a person to be inadmissible, the officer must find all of the following elements: 

 

•The person procured, or sought to procure, a benefit under U.S. immigration laws; ✔️

 

•The person made a false representation; ✔️

 

•The false representation was willfully made; ✔️

 

•The false representation was material; and (The great unknown as to what is considered material )

 

•The false representation was made to a U.S. government official, generally an immigration or consular officer.✔️

 

If all of the above elements are present, then the person is inadmissible for willful misrepresentation.