Help please

[Boiler 45,956]

Well all the Lagos cases I have seen the Consulate just issues a RFE for proof of divorce.

 

So the misrepresentation/waiver issue never comes up.

 

I can not help but think it is time for the Mods to open up a specific section of the forum where these cases can be collated, seems a very common issue.

[TennilleO 117]

15 minutes ago, Boiler said:

Well all the Lagos cases I have seen the Consulate just issues a RFE for proof of divorce.

 

So the misrepresentation/waiver issue never comes up.

 

I can not help but think it is time for the Mods to open up a specific section of the forum where these cases can be collated, seems a very common issue.

Agree because it's hard to find this information.

[TennilleO 117]

12 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!

I had the same issue but with my K1 and we are planning Cr1 process. I spoke to a attorney (several) and they said a waiver could be done and there is a great chance of approval. 

I think your friends should way their options , stay positive and figure out what to do. Also do a lot of research about the waiver and the misrepresentation laws.

 

[nastra30 2,343]

Hmm; it's Lagos. I'll bet my stars that your friend is in some deep trouble. The consulate has seen it all; they'll catch the deception in 2018.

[Hope2020 14]

51 minutes ago, TennilleO said:

I had the same issue but with my K1 and we are planning Cr1 process. I spoke to a attorney (several) and they said a waiver could be done and there is a great chance of approval. 

I think your friends should way their options , stay positive and figure out what to do. Also do a lot of research about the waiver and the misrepresentation laws.

 

Thanks so much!

[dwheels76 5,468]

1 hour ago, Boiler said:

Well all the Lagos cases I have seen the Consulate just issues a RFE for proof of divorce.

 

So the misrepresentation/waiver issue never comes up.

 

I can not help but think it is time for the Mods to open up a specific section of the forum where these cases can be collated, seems a very common issue.

You are so right . The Lagos embassy does not offer waivers for this. It's present a divorce decree or prove you weren't married?
It's been an epidemic of this . I know about 5 couples dealing with this.

 

I saw some one else post their wife did it but they stated on DS-260 what she did and were approved. That's the key they admitted the lie before the CO did. Got to be accountable. It's not the agents fault of anyone else since the beneficiary signed and agree everything was truthful.

 

All they can do is admit they never were married and followed some ill-advised direction. The CO's in Lagos have seen this far too much it's getting ridiculous. Tell them to prepare for a long AP(administrative Processing).
I know someone they had their interview last year and did the same thing on a visitor visa but against my advice thought it better to get some fake divorce documents made up. Guess what they been in AP since June. I don't see a Visa coming their way.

[Cheschirecat 176]

12 hours ago, Hope2020 said:

Good point 

Hmmmm? USA or Nigeria? 

[Chito 24]

I think it’s best for him to bring it up to the consular officer even before he starts the interview. He should come clean then let the CO decide. He might be lucky to get off without a misrepresentation charge. If he gets denied and asked to get a waiver for representation then he will file the I-601 petition.

[NikLR 13,232]

1 hour ago, Chito said:

I think it’s best for him to bring it up to the consular officer even before he starts the interview. He should come clean then let the CO decide. He might be lucky to get off without a misrepresentation charge. If he gets denied and asked to get a waiver for representation then he will file the I-601 petition.

It's best to be clean on the visa application!

[Lovemyman 4]

He will be denied. Period. Because the embassy knows that these “agents” use this married trick when assisting people with their visa applications. That starts the ball rolling with the next lie and that is to produce a fake divorce certificate or a fake death certificate. Happens daily, they look for it and will deny you immediately. You cannot marry someone while being “married” to someone else, even if it was only on paper. & his last visa interview he took an oath and lied about being married. Automatic denial. Sorry but I have seen this over and over again.  

[Hope2020 14]

Thank you everyone! I really appreciate your feedback and suggestions. I definitely agree honestly is the best policy and the couple will do their best to come clean about the situation as soon as possible and take any consequences that may come. I will update this post with the final outcome.

[Bte 3]

On 1/21/2020 at 7:41 PM, 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.

 

I’m going through the same thing now. In my case, my K1 Visa was denied. I told my fiancé ( now husband) about what the agent did years ago, but he went ahead and filed anyways. And we didn’t do any research on it. We just assumed it won’t come up, since it happens in 2013. But I was denied K1 visa because the co asked me about the prior marriage, which I told him that I wasn’t married, but the name of the guy that was filled in my tourist visa was my boyfriend, that we actually planned to get married, but it didn’t happen again. So the CO gave me a letter which states that we will need to provide more evidence and/or refute the officers findings. When I asked the CO what I should do, he said he doesn’t know, that I should talk to my lawyer or contact my fiancé. Now we are married and about going the spousal route. Should we admit in the ds260 when the time comes? Though we are prepaid for a waiver and we’ve already spoken to an attorney about it. But we don’t want to be put on AP after the interview. It’s better we are denied outrightly and then give us option for a waiver. Than being put on AP. 

[Boiler 45,956]

8 minutes ago, Bte said:

I’m going through the same thing now. In my case, my K1 Visa was denied. I told my fiancé ( now husband) about what the agent did years ago, but he went ahead and filed anyways. And we didn’t do any research on it. We just assumed it won’t come up, since it happens in 2013. But I was denied K1 visa because the co asked me about the prior marriage, which I told him that I wasn’t married, but the name of the guy that was filled in my tourist visa was my boyfriend, that we actually planned to get married, but it didn’t happen again. So the CO gave me a letter which states that we will need to provide more evidence and/or refute the officers findings. When I asked the CO what I should do, he said he doesn’t know, that I should talk to my lawyer or contact my fiancé. Now we are married and about going the spousal route. Should we admit in the ds260 when the time comes? Though we are prepaid for a waiver and we’ve already spoken to an attorney about it. But we don’t want to be put on AP after the interview. It’s better we are denied outrightly and then give us option for a waiver. Than being put on AP. 

As you found out they have your prior hostory so there is no point trying to hide anything, you best bet is being asked to submit a waiver and not being issued a RFE.

[Bte 3]

1 hour ago, Boiler said:

As you found out they have your prior hostory so there is no point trying to hide anything, you best bet is being asked to submit a waiver and not being issued a RFE.

 

1 hour ago, Boiler said:

As you found out they have your prior hostory so there is no point trying to hide anything, you best bet is being asked to submit a waiver and not being issued a RFE.

Yes I know we won’t hide anything . I’m just asking if I can admit to the misrepresentation on the  ds 260. Being that they already figured it out during the K1 interview 

[Hope2020 14]

27 minutes ago, Bte said:

 

Yes I know we won’t hide anything . I’m just asking if I can admit to the misrepresentation on the  ds 260. Being that they already figured it out during the K1 interview 

Yes there is a place on the DS260 that asks about misrepresentation. So you can add more detail in the box that comes up when you say Yes. Or, you can send a supplemental statement and upload it under the optional documents section.