Tourist visa to K-1 visa with a lie

[thatguyuknow 147]

Did you know her before she applied for a b2? Did she just so happen to meet you while she was on a B2?

 

She tried so hard for a 'tourist' visa when she enters the US, she met a US citizen and wants to get married.

 

She is a liar, plain and simple. Don't mess with known liars.

 

Sounds smelly.

[Justjake 23]

1 hour ago, payxibka said:

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. 

Ah yes, "The false representation was material;"  What is considered material? I've come to that same sticking point.  I'm looking around in Google Scholar for case law in the federal courts to get a better definition or application of the term.

Thanks to all that have contributed so far, I appreciate it.

 

[Boiler 45,525]

Well a good example has been mentioned in this thread, certainly something to discuss with your Lawyer.

[payxibka 10,045]

The crux of the issue will be to what extent the misrepresentation factored into the decision.   If it was a factor then it is material,  if it wasn't considered at all then it may not be.

[carmel34 3,633]

There are lots of opportunities in China, especially for someone who speaks fluent English.  Given the very difficult, and most likely insurmountable process ahead of you OP, why not move to China if you really love her and want to be with her?  Have you looked into the process of getting legal status in China?  Depending on your education and experience, your career might be very successful there, or you could look into working remotely in China with a US employer.  That way you could really find out if her motivations are genuine.  There are also other countries you could move to together.  I think so often people look at the US as a sort of utopia society, and that there are no other places on the face of the earth that are as good.  This thinking is just wrong in my opinion.  When a door closes for one path, another opens.  It's time for some soul-searching to decide how you much you love this person.  Could you live without her?  If not, move somewhere to be with her outside the US.  If being with her is what really makes you happy, then the country you live in doesn't really matter, does it?

[Springrain22 427]

Why would you want to marry a liar?

[Justjake 23]

3 minutes ago, payxibka said:

The crux of the issue will be to what extent the misrepresentation factored into the decision.   If it was a factor then it is material,  if it wasn't considered at all then it may not be.

Agreed.  I guess my follow up question would be on whether a person's marital status should be taken into account when applying for a tourist visa.

[Boiler 45,525]

12 minutes ago, payxibka said:

The crux of the issue will be to what extent the misrepresentation factored into the decision.   If it was a factor then it is material,  if it wasn't considered at all then it may not be.

Well I think the tricky bit is getting past the Divorce thingy, all a Misprep charge does is add time and money for a waiver.

 

I agree that other options should be looked at first but am intrigued as to how this would work out if they proceed.

[geowrian 22,337]

Issue #1 is being otherwise eligible for the visa. This includes how to handle the dissolvement of the claimed marriage issue.

Issue #2 is a possible misrepresentation bar. Not easy/cheap/fast, but at least easier than issue #1.

Edited November 2, 2018 by geowrian

[payxibka 10,045]

1 minute ago, Justjake said:

Agreed.  I guess my follow up question would be on whether a person's marital status should be taken into account when applying for a tourist visa.

Well, she applied before as a single and was refused.   Represents herself as married and she was approved .  Unless there was something else that significantly changed on the application....

[geowrian 22,337]

5 minutes ago, Justjake said:

Agreed.  I guess my follow up question would be on whether a person's marital status should be taken into account when applying for a tourist visa.

"Should", or "Was"?

Should it be considered? That's an opinion.

Was it considered in deciding to issue the visa or not? Well, that's up to the CO.

 

Edit: Also, did you know your fiance before coming to the US? Was this disclosed? Not trying to pry, but if so the CO can determine there was a misrepresentation on that basis as well.

Edited November 2, 2018 by geowrian

[Amit&Julie 180]

4 minutes ago, Justjake said:

Agreed.  I guess my follow up question would be on whether a person's marital status should be taken into account when applying for a tourist visa.

Marital status is one thing that can factor into someone's ties to their home country and reason to leave the US--not trivial.

[Justjake 23]

8 minutes ago, geowrian said:

"Should", or "Was"?

Should it be considered? That's an opinion.

 Was it considered in deciding to issue the visa or not? Well, that's up to the CO.

 

Edit: Also, did you know your fiance before coming to the US? Was this disclosed? Not trying to pry, but if so the CO can determine there was a misrepresentation on that basis as well.

I did not know her prior to coming to the US.  I believe that because she said she was married, that the tourist visa was finally accepted because of the assumption that she has family ties to China and would not be attempting to immigrate.

 

[Boiler 45,525]

2 minutes ago, Justjake said:

I did not know her prior to coming to the US.  I believe that because she said she was married, that the tourist visa was finally accepted because of the assumption that she has family ties to China and would not be attempting to immigrate.

 

The definition of Material.

[Crazy Cat 41,887]

1 minute ago, Justjake said:

I did not know her prior to coming to the US.  I believe that because she said she was married, that the tourist visa was finally accepted because of the assumption that she has family ties to China and would not be attempting to immigrate.

 

If that is true, then the misrepresentation was material.......and serious.