Help please

[Hope2020 14]

A friend of mine got married in 2019. They filed for the spouse visa in 2019 and things had been moving along in the process. They recently submitted all required documents and are awaiting a decision from NVC.

 

Her husband filed for a tourist visa in 2018 and stated after the urging from an agent that he was married. Problem is that he was never married to anyone else other than my friend. He was denied the tourist visa due to lack of ties to home country in 2018. Will that cause an issue for this current visa application? Will the interviewer review a previous application?

 

Any help or suggestions are greatly appreciated!

[SorrowL 138]

How could he be married during the tourist visa 2018 application if he got married in 2019? What agent urged what?
 

previously denied visas are reviewed when applying, as it is asked for in DS-260. 
 

if he was previously married he will need proof of divorce. 

[Crazy Cat 42,123]

It very well could cause an issue.  There have been other cases here in which the Consulate has asked for documentation that the marriage claimed has been dissolved.  I have never seen if this issue was resolved in other cases because the posters never come back and report....It might prove difficult to prove he was not married when he applied for the B2....Good luck.

[Hope2020 14]

2 minutes ago, SorrowL said:

How could he be married during the tourist visa 2018 application if he got married in 2019? What agent urged what?
 

previously denied visas are reviewed when applying, as it is asked for in DS-260. 
 

if he was previously married he will need proof of divorce. 

The agent who completed the visa form advised him it would help him get approved for the tourist visa if he put he was married. He wasn't married at the time of that visa application or tourist visa interview. 

 

Oh ok so they do look at a previous Visa application with this new one. 

[Hope2020 14]

4 minutes ago, missileman said:

It very well could cause an issue.  There have been other cases here in which the Consulate has asked for documentation that the marriage claimed has been dissolved.  I have never seen if this issue was resolved in other cases because the posters never come back and report....It might prove difficult to prove he was not married when he applied for the B2....Good luck.

Oh wow thanks. I don't know what could be used for a marriage that never happened. 

[Crazy Cat 42,123]

4 minutes ago, Hope2020 said:

The agent who completed the visa form advised him it would help him get approved for the tourist visa if he put he was married. He wasn't married at the time of that visa application or tourist visa interview. 

 

Oh ok so they do look at a previous Visa application with this new one. 

That's what they all say......He signed the form.  He is responsible.....Lying to United States immigration authorities usually come with a high price........Misrepresentation can result in a lifetime ban if it was material.....Luckily, he didn't receive the B2......

Edited January 21, 2020 by missileman

[Crazy Cat 42,123]

4 minutes ago, Hope2020 said:

Oh wow thanks. I don't know what could be used for a marriage that never happened. 

Exactly........

[Hope2020 14]

3 minutes ago, missileman said:

That's what they all say......He signed the form.  He is responsible.....Lying to United States immigration authorities usually come with a high price........Misrepresentation can result in a lifetime ban if it was material.....Luckily, he didn't receive the B2......

So what should they do now?

[Crazy Cat 42,123]

Where did he apply for the B2?

[Crazy Cat 42,123]

2 minutes ago, Hope2020 said:

So what should they do now?

Maybe he should admit the misrepresentation and face the consequences......I don't know of any other resolution.

"Tales of the Green Card"

[Hope2020 14]

3 minutes ago, missileman said:

Maybe he should admit the misrepresentation and face the consequences......I don't know of any other resolution.

"Tales of the Green Card"

He applied for the B2 in lagos, Nigeria. Ok so the best thing to do is tell what happened when asked during the interview. Do you know what some consequences maybe? Would a certificate of bachelorhood help?

[USS_Voyager 1,972]

42 minutes ago, Hope2020 said:

He applied for the B2 in lagos, Nigeria. Ok so the best thing to do is tell what happened when asked during the interview. Do you know what some consequences maybe? Would a certificate of bachelorhood help?

Section 212(a)(6)(C)(i) of the Immigration & Nationality Act (INA) states that foreign nationals, who by fraud or willfully misrepresenting a material fact, seek to procure (or have sought to procure or have procured) a visa, other documentation, or admission into the United States or other immigration benefit are inadmissible. 

 

He is completely toast. There is nothing he can do. When he appears for the interview this time, they will ask him for proof that his "previous marriage" was terminated. If he cannot produce the divorce papers (which is nonexistent because there was no marriage), he will not be granted a visa because he could not produce proof that he was "free to marry" "the second time". If he admits to lying on the B1/2 application, even though he did not get the visa (have sought to procure the visa is enough), he will be found inadmissible under 212a6c1, which carries a lifetime ban from entering the US. 

 

There is technically a waiver for that. That will involves his wife being able to prove that his absence in the US will cause her extreme physical or emotional hardship, which is very hard to do. Anyway, he has long long road ahead.  

[Crazy Cat 42,123]

59 minutes ago, Hope2020 said:

He applied for the B2 in lagos, Nigeria. Ok so the best thing to do is tell what happened when asked during the interview. Do you know what some consequences maybe? Would a certificate of bachelorhood help?

He didn't receive the B2, so it might not be material misrepresentation....but could be seen as serious by the consulate.....I'm not sure how he proves a negative.  I think I would just confess and see what happens.......

[arken 4,197]

They could ask him for divorce decree from the marriage stated in the B2 visa application. From their point, the 2019 marriage isn’t valid if he was already married in 2018 and not divorced so they can’t issue a visa based on an invalid marriage.

Edited January 21, 2020 by arken

[Hope2020 14]

30 minutes ago, USS_Voyager said:

Section 212(a)(6)(C)(i) of the Immigration & Nationality Act (INA) states that foreign nationals, who by fraud or willfully misrepresenting a material fact, seek to procure (or have sought to procure or have procured) a visa, other documentation, or admission into the United States or other immigration benefit are inadmissible. 

 

He is completely toast. There is nothing he can do. When he appears for the interview this time, they will ask him for proof that his "previous marriage" was terminated. If he cannot produce the divorce papers (which is nonexistent because there was no marriage), he will not be granted a visa because he could not produce proof that he was "free to marry" "the second time". If he admits to lying on the B1/2 application, even though he did not get the visa (have sought to procure the visa is enough), he will be found inadmissible under 212a6c1, which carries a lifetime ban from entering the US. 

 

There is technically a waiver for that. That will involves his wife being able to prove that his absence in the US will cause her extreme physical or emotional hardship, which is very hard to do. Anyway, he has long long road ahead.  

Thanks so much!