Help please

[Sandra G. 5,048]

2 hours ago, carmel34 said:

The "husband of your friend" will likely be denied a CR-1 spousal visa at the interview, rightly so because he lied on a government form and signed it, a federal offense that is serious.  The USC spouse should make plans to move to Nigeria to live with him if they want to be together.  The only hope is if he is given the opportunity to file for a waiver, this would happen at or after the visa interview at the US embassy in Lagos.  In that case, he should find the best attorney he can afford in Nigeria, come clean about the lie, admit it, and see what the outcome of the waiver process is.  It will take a long time and cost a lot of money, with no guarantee of success.  Lying has serious consequences for US immigration.  Good luck to your friend and her husband!

He will have the opportunity to  file the waiver to overcome  the misrepresentation. .The consulate will tell him that he needs a waiver.

[Tybeau2 7]

We just went through the exact same scenario where my wife had stated she was married when applying for a tourist visa but in fact was not...again, taking bad advice from a service in her home country that told her it would help her get approved.   She was denied the visa at the time.  When we applied for the CR1 visa we assumed she would be denied.  We admitted to the misrepresentation on the DS 260 form...I would not allow another lie.  Much to our surprise she was approved at her interview and we did not have to continue with the waiver process.

Our attorney believes it was because the tourist visa was denied because she could not prove sufficient ties back to her country, and as such made the misrepresentation irrelevant and not applicable to the CR1 visa.

 

[queenofsheba71 4]

I'm pretty much going through the same situation. My husband was denied his spousal visa a few months ago. We need to apply for I601 and 212a6e waivers. At his interview, the CO requested documentation to prove that he was never married prior me - which at the time, I could not understand why they would ask him that, because he was never married. Fast forward to present day, I have three options - move to where he is, pursue the waiver process (another expensive and lengthy process), or go our separate ways. I've met with several immigration lawyers, and trying to process everything. It's very stressful, because we've been married for almost four years and love each other. Our case was in AP for almost a year, and now I know why, because recently told me the truth. I'm dealing with the fact he wasn't upfront. Had I known about all the details sooner, we would have been more prepared and able to seek legal advice years ago. Thankfully, your friend was honest in the beginning of the process, and you are seeking advice on what to do. My situation is not as hopeful.

[Hope2020 14]

1 hour ago, Tybeau2 said:

We just went through the exact same scenario where my wife had stated she was married when applying for a tourist visa but in fact was not...again, taking bad advice from a service in her home country that told her it would help her get approved.   She was denied the visa at the time.  When we applied for the CR1 visa we assumed she would be denied.  We admitted to the misrepresentation on the DS 260 form...I would not allow another lie.  Much to our surprise she was approved at her interview and we did not have to continue with the waiver process.

Our attorney believes it was because the tourist visa was denied because she could not prove sufficient ties back to her country, and as such made the misrepresentation irrelevant and not applicable to the CR1 visa.

 

Thank you so much for replying. There's so many questions about this process and what should be done next. 

Edited January 21, 2020 by Hope2020

[Hope2020 14]

53 minutes ago, queenofsheba71 said:

I'm pretty much going through the same situation. My husband was denied his spousal visa a few months ago. We need to apply for I601 and 212a6e waivers. At his interview, the CO requested documentation to prove that he was never married prior me - which at the time, I could not understand why they would ask him that, because he was never married. Fast forward to present day, I have three options - move to where he is, pursue the waiver process (another expensive and lengthy process), or go our separate ways. I've met with several immigration lawyers, and trying to process everything. It's very stressful, because we've been married for almost four years and love each other. Our case was in AP for almost a year, and now I know why, because recently told me the truth. I'm dealing with the fact he wasn't upfront. Had I known about all the details sooner, we would have been more prepared and able to seek legal advice years ago. Thankfully, your friend was honest in the beginning of the process, and you are seeking advice on what to do. My situation is not as hopeful.

Oh no! I'm sorry all that is happening to the two of you. I really hope things get better soon and you'll can sort things out. These types of issues make an already stressful situation much worse. I guess doing more research on the I601 & waiver process are first. Then a lawyer next. 

[Calicolom 266]

8 hours ago, Hope2020 said:

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!

Agent for what, to give false answers.

[Unlockable 7,314]

2 hours ago, Tybeau2 said:

We just went through the exact same scenario where my wife had stated she was married when applying for a tourist visa but in fact was not...again, taking bad advice from a service in her home country that told her it would help her get approved.   She was denied the visa at the time.  When we applied for the CR1 visa we assumed she would be denied.  We admitted to the misrepresentation on the DS 260 form...I would not allow another lie.  Much to our surprise she was approved at her interview and we did not have to continue with the waiver process.

Our attorney believes it was because the tourist visa was denied because she could not prove sufficient ties back to her country, and as such made the misrepresentation irrelevant and not applicable to the CR1 visa.

 

 

1 hour ago, queenofsheba71 said:

I'm pretty much going through the same situation. My husband was denied his spousal visa a few months ago. We need to apply for I601 and 212a6e waivers. At his interview, the CO requested documentation to prove that he was never married prior me - which at the time, I could not understand why they would ask him that, because he was never married. Fast forward to present day, I have three options - move to where he is, pursue the waiver process (another expensive and lengthy process), or go our separate ways. I've met with several immigration lawyers, and trying to process everything. It's very stressful, because we've been married for almost four years and love each other. Our case was in AP for almost a year, and now I know why, because recently told me the truth. I'm dealing with the fact he wasn't upfront. Had I known about all the details sooner, we would have been more prepared and able to seek legal advice years ago. Thankfully, your friend was honest in the beginning of the process, and you are seeking advice on what to do. My situation is not as hopeful.

@Hope2020,

 

Above are two stories of the same problem but different outcomes.So it can go either way. Your friend certainly did not make things easier for himself. What I do notice in the above stories is @Tybeau2 wife took responsibility and owned up to the lie. Now, it may not have been the reason she got approved, but I am sure the CO appreciated her honesty during the interview. The situation @queenofsheba71 is going through is tragic. And it seems her husband took the opposite approach and tried to keep it hidden. Now they are in a tough position.

 

Again, their actions may not have been the exact reasons for their outcomes, but it does give you food for thought.

[Calicolom 266]

6 hours ago, USS_Voyager said:

The language is very clear: 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. 

It sure is. 

[Timona 4,207]

7 hours 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?

 

Does this actually exist in Nigeria or is it another ingenious way to try and resolve the first mess? We've see people in such a situation as your friend's come up with such or certificate of singleness. 

 

Tel your pal to be truthful. Hopefully there isn't a lot of water under the bridge.

[Hope2020 14]

19 minutes ago, Timona said:

 

Does this actually exist in Nigeria or is it another ingenious way to try and resolve the first mess? We've see people in such a situation as your friend's come up with such or certificate of singleness. 

 

Tel your pal to be truthful. Hopefully there isn't a lot of water under the bridge.

I'm definitely advising to tell the truth. Yes he had the certificate of singleness/bachelorhood prior to the tourist visa filing. They have to do an attestation and have their living parent do an attestation before they can get It from the registrar's office.

[Hope2020 14]

30 minutes ago, Unlockable said:

 

@Hope2020,

 

Above are two stories of the same problem but different outcomes.So it can go either way. Your friend certainly did not make things easier for himself. What I do notice in the above stories is @Tybeau2 wife took responsibility and owned up to the lie. Now, it may not have been the reason she got approved, but I am sure the CO appreciated her honesty during the interview. The situation @queenofsheba71 is going through is tragic. And it seems her husband took the opposite approach and tried to keep it hidden. Now they are in a tough position.

 

Again, their actions may not have been the exact reasons for their outcomes, but it does give you food for thought.

I agree!

[tonitonzz 3]

On 1/21/2020 at 1:46 AM, Hope2020 said:

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!

There is a lesson to be learned here. Just tell the true and don't try to fix a lie by lying again.

[USS_Voyager 1,972]

2 hours ago, Unlockable said:

 

@Hope2020,

 

Above are two stories of the same problem but different outcomes.So it can go either way. Your friend certainly did not make things easier for himself. What I do notice in the above stories is @Tybeau2 wife took responsibility and owned up to the lie. Now, it may not have been the reason she got approved, but I am sure the CO appreciated her honesty during the interview. The situation @queenofsheba71 is going through is tragic. And it seems her husband took the opposite approach and tried to keep it hidden. Now they are in a tough position.

 

Again, their actions may not have been the exact reasons for their outcomes, but it does give you food for thought.

Certainly. Two same exact situations, different outcome. It might be helpful to know exactly the Embassy/Consulate as I think that matters here. It may even come down to the CO when it comes to whether or not he’s gonna hand out a 6c1 or not. I do tend to think Lagos, Nigeria, the outcome will most likely be negative...

[Hope2020 14]

10 minutes ago, USS_Voyager said:

Certainly. Two same exact situations, different outcome. It might be helpful to know exactly the Embassy/Consulate as I think that matters here. It may even come down to the CO when it comes to whether or not he’s gonna hand out a 6c1 or not. I do tend to think Lagos, Nigeria, the outcome will most likely be negative...

Yes it's Lagos Nigeria. What's a 6c1?

[USS_Voyager 1,972]

31 minutes ago, Hope2020 said:

Yes it's Lagos Nigeria. What's a 6c1?

That’s the misrepresentation we’ve been talking about. 
 

I know your friend’s Embassy is Lagos. It would be good to know the Embassy of the two cases which had different outcome, as my suspicion is a lot of it has to do with where it is. 

Edited January 22, 2020 by USS_Voyager