Tourist visa to K-1 visa with a lie

[geowrian 22,337]

53 minutes ago, Little_Vixen said:

Question:

You are all talking about getting stuck at the interview, but how is the K1 petition going to go past the initial USCIS check? Aren't they suppose to check if both parties are free to marry?

It's possible (and likely IMO) that USCIS will not check prior visa applications. The petition is primarily about the petitioner. Without firm evidence otherwise, they probably aren't going to notice it for an I-130.

The CO, on the other hand, will very, very likely check past visa applications and compare that to the then-current application.

At least that's my $0.02.

Edited November 2, 2018 by geowrian

[Boiler 45,553]

1 minute ago, geowrian said:

It's possible (and likely IMO) that USCIS will not check prior visa applications. The petition is primarily about the petitioner. Without firm evidence otherwise, they probably aren't going to notice it for an I-130.

The CO, on the other hand, will very, very likely check past visa applications and compare that to the then-current application.

At least that's my $0.02.

That is what seems to have happened in similar cases.

[Little_Vixen 1,869]

But if they disclose it as frontloading they will know. won't they ask for proof of divorce or proof of eligibility at the USCIS stage?

[payxibka 10,045]

58 minutes ago, Little_Vixen said:

Question:

You are all talking about getting stuck at the interview, but how is the K1 petition going to go past the initial USCIS check? Aren't they suppose to check if both parties are free to marry?

Due to a lack of a central databases of marital status, the uscis has no other choice than to go by written representations made on the petition.   If the petitionner says the beneficiary has never been married,  not much more they can do except accept that representation at face value.

[Justjake 23]

20 minutes ago, payxibka said:

Due to a lack of a central databases of marital status, the uscis has no other choice than to go by written representations made on the petition.   If the petitionner says the beneficiary has never been married,  not much more they can do except accept that representation at face value.

The petition asks for marital status, and i put single for her.  Is that the correct selection, since she is single, but has stated she is married on a tourist visa without actually being married?

[payxibka 10,045]

1 minute ago, Justjake said:

The petition asks for marital status, and i put single for her.  Is that the correct selection, since she is single, but has stated she is married on a tourist visa without actually being married?

What else could it be without you making a misrepresentation.   Besides if she was married the you are ineligible for a fiancee visa.  

 

Fill out the paperwork honestly and truthfully 

[Nicola and Jordan 668]

Do you not need to include a divorce certificate in your I-129f if you have been married before and wouldn’t they see she’s stated that she’s been married before on a previous visa? 

[payxibka 10,045]

11 minutes ago, Nicola and Jordan said:

Do you not need to include a divorce certificate in your I-129f if you have been married before and wouldn’t they see she’s stated that she’s been married before on a previous visa? 

The uscis?  Probably not because the visa application is with the department of state 

[Nicola and Jordan 668]

34 minutes ago, payxibka said:

The uscis?  Probably not because the visa application is with the department of state 

Ah ok! 

[David & Diana R 1,005]

22 hours ago, Justjake said:

Hello,

I met a woman that had previously been denied a tourist visa 3 times, and the fourth time she was accepted after the agency she went through stated that she was married on her application.  She is not married.

She stayed in the US for under 6 months and returned back to China.  During that stay, is when we met and fell in love.

Now we are wanting to get married, and we are filling out the I-129f, but the concern is the previous lie on the tourist visa.

Can anyone offer insight to this?

We are both under the assumption that she will be denied, and will have to file a waiver, but if there are stories or advice that can be shared, I would appreciate that. 

Thank you in advance. 

This is what happens when we lie...it inevitably comes back and bites you in the keister.  Now she's gonna have to prove that she is divorced from the man she said she was married to whom she was nor married to.  The moral of the story, ALWAYS tell the truth. 

[Justjake 23]

Thanks to everyone that has replied.  As a new member I am limited to a certain amount of posts a day, and apparently hit the the first day.

I've bookmarked this thread so I can refer to it later as time passes.

As I may have mentioned, I'm aiming to submit the application next week, and get the timer started.  I have a phone number of a local immigration lawyer that did work for my friend, and I have a call into him, although at this time it is premature.  Nonetheless, I'm trying to cover my bases, and I appreciate all of you chiming in with your experiences and input.

[YulenkaF 42]

1 hour ago, Justjake said:

Thanks to everyone that has replied.  As a new member I am limited to a certain amount of posts a day, and apparently hit the the first day.

I've bookmarked this thread so I can refer to it later as time passes.

As I may have mentioned, I'm aiming to submit the application next week, and get the timer started.  I have a phone number of a local immigration lawyer that did work for my friend, and I have a call into him, although at this time it is premature.  Nonetheless, I'm trying to cover my bases, and I appreciate all of you chiming in with your experiences and input.

be sure that that lawyer works with problem cases. but not only fills forms... I say from my own sad experience....

And
PLEASE tell us what will recommend your lawyer. You may help with it to thousand ppl....

[Justjake 23]

Out of curiosity, if we were to get married,  and apply for a spousal visa, would that be a better scenario?

[Going through 5,671]

2 hours ago, Justjake said:

Out of curiosity, if we were to get married,  and apply for a spousal visa, would that be a better scenario?

As mentioned before in this thread, the CR-1 might end up being denied as well based on her not producing a "divorce decree" to make her free to marry again, once she reaches the interview stage....this is all whether or not the CO checks past visa applications (likely they will).  

 

 

[YulenkaF 42]

4 hours ago, Going through said:

As mentioned before in this thread, the CR-1 might end up being denied as well based on her not producing a "divorce decree" to make her free to marry again, once she reaches the interview stage....this is all whether or not the CO checks past visa applications (likely they will).  

 

 

k1 the same.....

Generally she does not have to prove that she is divorced if at her packet of documents will be not divorce certificate. 

They will prepare normal documents and to think only what to say and how to explain difference in information at the interview.

The worse may be if she is from list of ban countries, he did not say where is she from.

I think if they want they will try and they will be issued...

Edited November 3, 2018 by YulenkaF