PAST MISREPRESENTATION CASE

[NANA.adu 0]

1 minute ago, Illiria said:

Was this a bank account in your name or your uncles? Was the amount in the account changed? If it was an account in your name and it was the amount in the account changed then I think the embassy would have had a reasonable expectation for you to know that the document was forged as you should know how much is in your own account and therefore know if the bank statement being presented was correct or not.

the statement was in my uncles name. There was no way I could have detected it was fake. he volunteered to sponsor my studies. am asking possible issue of misrepresentation.

[Illiria 980]

1 minute ago, NANA.adu said:

the statement was in my uncles name. There was no way I could have detected it was fake. he volunteered to sponsor my studies. am asking possible issue of misrepresentation.

Ok the bit I quoted from you said it was your bank statement. 

 

If you have every reason to believe he could have had that amount money in an account (good enough job to have that much liquid cash) then you should be fine or at least able to put your point across. 

[NANA.adu 0]

17 minutes ago, Illiria said:

Ok the bit I quoted from you said it was your bank statement. 

 

If you have every reason to believe he could have had that amount money in an account (good enough job to have that much liquid cash) then you should be fine or at least able to put your point across. 

Okay 

[Boiler 45,952]

Misrep would only come up at the interview and there is simply not enough information to make any sort of guess if it will.

 

If it does then you would be given the opportunity of filing a waiver.

[geowrian 22,338]

8 hours ago, Paul & Mary said:

If the letter didn't say the visa was denied for Misrep then you are probably ok.

If he was refused for another reason, the misrep would likely never come up. It would only be an issue if he was otherwise eligible for the visa, and it sounds like he wasn't.

 

8 hours ago, NANA.adu said:

it was my bank statement. I think it wasn't original.

So there was a misrepresentation. It may or may not be deemed willful (generally a "would a reasonable person believe it was legitimate?" test).

It may or may not be deemed material. For an F-1 visa, having sufficient funds is pretty critical, so I don't know how they would view it. Only way to know is when you apply for a visa and are otherwise eligible for it.

 

A material misrepresentation bar is permanent, but waivable via an I-601. So it's not "game over" even if they do find it to be willful & material.

That said, Ghana is a very difficult country for US visas already, and they will very likely heavily scrutinize any application and take very little based on word alone. Have and present a good case.

Good luck.

Edited June 10, 2019 by geowrian

[NANA.adu 0]

2 hours ago, geowrian said:

If he was refused for another reason, the misrep would likely never come up. It would only be an issue if he was otherwise eligible for the visa, and it sounds like he wasn't.

 

So there was a misrepresentation. It may or may not be deemed willful (generally a "would a reasonable person believe it was legitimate?" test).

It may or may not be deemed material. For an F-1 visa, having sufficient funds is pretty critical, so I don't know how they would view it. Only way to know is when you apply for a visa and are otherwise eligible for it.

 

A material misrepresentation bar is permanent, but waivable via an I-601. So it's not "game over" even if they do find it to be willful & material.

That said, Ghana is a very difficult country for US visas already, and they will very likely heavily scrutinize any application and take very little based on word alone. Have and present a good case.

Good luck.

Thanks so much. Thats encouraging. very appreciative on your comment. Long journey but ready to take. 

[NANA.adu 0]

5 hours ago, Boiler said:

Misrep would only come up at the interview and there is simply not enough information to make any sort of guess if it will.

 

If it does then you would be given the opportunity of filing a waiver.

THANKS

[Marieke H 2,523]

16 hours ago, NANA.adu said:

I MET MY FIANCE IN 2010 IN THE STATES. WE HAVE BEEN TOGETHER SINCE 2010. WE HAVE MET TWICE SINCE THAT PERIOD. 

Now that you have received answers to your question, I'd like to point out another issue. You said you have been together for 9 years, and have had 2 visits in those 9 years. Depending on how long these visits were, I'm not sure that will be enough, especially for this difficult embassy. I would recommend spending more time together before the interview. 

[USS_Voyager 1,972]

1 hour ago, MariekeH said:

Now that you have received answers to your question, I'd like to point out another issue. You said you have been together for 9 years, and have had 2 visits in those 9 years. Depending on how long these visits were, I'm not sure that will be enough, especially for this difficult embassy. I would recommend spending more time together before the interview. If you go to the interview now, most likely that is the reason they will deny the visa first, without delving into the misrep. 

I was gonna say the same thing. 9 years and met twice. That's tough. 

[ineedadisplayname 503]

19 hours ago, NANA.adu said:

SO I APLLIED FOR AN F1 VISA IN 2010. I BELIEVE I WAS REFUSED/DENIED BECAUSE ONE OF THE DOCUMENTS I SUBMITTED WASNT ORIGINAL(FORGED). I LATER GOT TO KNOW THE DOCS I WAS HANDEE TO PRESENT AT THE EMBASSY BY AN UNCLE WASNT ORIGINAL. BEFORE THAT I HAD VISITED USA IN 2009 AND 2010. I MET MY FIANCE IN 2010 IN THE STATES. WE HAVE BEEN TOGETHER SINCE 2010. WE HAVE MET TWICE SINCE THAT PERIOD. ONE IN LONDON AND THE OTHER IN South Africa ABOUT 6 MONTHS AGO. SHE FILED FOR K-1 VISA IN MARCH,2019 AND WE RECEIVED OUR NOA2 3/06/2019. NOW MY PROBLEM IS THAT MY PAST VISA DENIAL IN 2010 WILL COME HAUNT US. PLEASE CAN WE OVER COME THIS HURDLE? CAN SOMEONE HERE WITH SIMILAR EXPERIENCE SHARE. NOTE, I SUBMITTED THE DOCS BUT I DIDNT DELIBERATELY SUBMITTED THOSE FORGED DOCS. THANKS

Could you not yell (type all caps) pls?

[milimelo 4,544]

So meets fiancé in 2010 and wants to do F1 (to spend time in fiancé’s place perhaps) but stumbles because of fake bank statement provided by an uncle. 9 years later same fiancé files petition. Only met twice since 2010

So did fiancé know about F1 visa? Was prospective university in the same town/state as fiancé?