Any Solutions to Resolve I-130 Notice of Intent to Deny

[JeanneAdil 6,510]

2 hours ago, carmel34 said:

I'm so sorry you are going through this, it must be frustrating and stressful.  There are lots of similar posts in the past couple of years here on VJ, where the foreign husband lies on a tourist visa application by stating "married," then later when applying for an immigrant visa they are asked for proof that the previous "marriage" was ended, which of course is impossible to prove since there was no previous marriage.  Unfortunately, we never hear back from the original posters with reports of successfully overcoming this very big challenge, because it is clearly misrepresentation to try and gain entry to the US, it's dishonest and lying, and comes with serious consequences.  Here are the recommendations that make sense in your case:

 

1.  Get a good lawyer, experienced in similar situations, to help (Hacking Law is one mentioned often on VJ), this will be expensive and take a long time, with no guarantee of success.

 

2.  Your husband could write a sworn statement, get it notarized, explaining that he lied on the previous tourist visa application, and that he admits this mistake but would like to face head-on any consequences.  Send this document to respond to the NOID.  There may or may not be a possibility of a waiver for this situation.  If there is, you can submit documents to convince USCIS that a denial of the spousal visa petition would mean severe hardship for the USC spouse.  It may be difficult to prove but not impossible, and will take a long time, it may also require that you follow steps 1 and 2 together as a good attorney can help with the waiver process.  Your husband could be facing a lifetime ban from entering the US because lying to the US government is a serious situation that they do not take lightly.  Your efforts to prove that he was single when you got married, in response to the RFE, only made the situation worse because he previously stated he was married when he in fact was not.  So coming clean and admitting his misrepresentation may or may not work, but it's worth looking into.

 

3.  Investigate countries in the world, other than the US, where you could live together as a married couple.  This could include his home country, obviously, but there may be other places where you could both immigrate and make a new life together.  This may or may not be an option, depending on your circumstances, but if the above two paths do not allow you to be together in the US, it may be the only way you can live together.

 

4.  If none of the above work out, you could either continue a long distance relationship, seeing each other occasionally somewhere outside the US, or you can travel to be with him as often as you can, or you might decide to end the relationship.  Hopefully that won't happen.  Maybe all the suggestions you are receiving will give you some hope and you can some day live together and be happy.  Good luck!

You can send response to a NOIR but for a NOID it takes an appeal (fee and long time for decision as it took me over a year)  She would have gotten the colored paper (purple i think) to appeal the NOID

 

If USCIS finds your NOID response insufficient, it will issue a denial letter and explain the reasons. You have the option of appealing a denial following a NOID. However, it is often faster to simply reapply. If you reapply, be sure to proactively address and overcome all the earlier issues.

 

# 3 since you both were able before to be in the same country when you met may be your best option. There are several countries the 2 of you could live in to be together if not the US.

 

But as said over and over ,   lawyer needed 

i did my own appeal and only had to resolve simple issues (no misrepresentation) but you need a lawyer 

[geowrian 22,337]

Certainly not the first time this has come up on VJ...there tends to be a few to handful of cases annually.

I have not seen a successful resolution. That could be due to people just not coming back to update their thread, or it could be because no solution to immigrate to the US was found (in many cases, they either eventually break up or immigrate in the other direction).

 

The issue isn't only the lie, but that the lie is assumed to be true. You are saying you lied in the past, but how do they know that's true? You could be lying now instead. They will want to see evidence of what the truth is. Namely, they want to see that a marriage was dissolved.

Failing that, showing that a marriage was never entered into is possible, although that's trying to prove a negative, which is very difficult. A lack of a record of a marriage record in a given jurisdiction only means that there is no official record of a marriage there by that issuing organization.

[MaleAlpha 314]

Well, there are cases where people have been able to successfully address immigration issues bordering on misrepresentation.

 

I remember posting a while back about an acquaintance I knew who had misrepresented himself to a CBP official and was now trying to figure out how to immigrate and needed some advise for this guy. I got hit with a TON of responses about how this site is not to help people commit immigration fraud etc. Well, fast forward to a number of years later and he was ABLE to immigrate. His case was a little different but more severe than this (he had entered the US with another person's passport).

 

The solution involved getting banned/denied after they applied for an AOS, his wife applying for waivers with strong evidence to show difficulty if they were not together etc., attorney fees etc, him leaving the US and interviewing at a consulate to be readmitted again etc. but he was able to get it done and is back in the US and has successfully adjusted his status.

 

I think sometimes we are collectively a bit too severe and judgmental on this platform. Yes, it's OK to point out an illegality but to paint the person as a horrible person and how this site is not meant to help people commit fraud etc. when all they seek is advise on how to legally correct a problem they caused in the first place, makes a lot of people not come back to update us of what happened (whether the dispotion was successful or not). No wonder, we don't have updates of people who had this similar issue.

 

My advise to the OP is - Material misrepresentation is very serious as everyone has already said however using the case study of the acquaintance I knew, it CAN be possible (yes, I know it's different circumstances. He was already here and they had a kid who is a USC even though he had entered with someone else's passport and misrepresented himself at the port of entry). As severe as his case was, if he was able to get it fixed, I'm sure this could be fixed too. You definitely need to let USCIS aware of the misrepresentation which will likely trigger a similar ban/inadmissibility and potentially use a waiver to overcome it. Just giving you some hope and hopefully there is a successful outcome.

 

Wishing you and your husband all the best!

Edited September 26, 2020 by MaleAlpha

[Nitas_man 3,100]

I’ve seen several cases exactly like this up here over the years.  
I have never seen one of them come back with a success story.

Hard or not hard on the OP doesn’t matter.  They (USCIS) run this comparison when a petition gets mailed in for this very reason.  If you swear in and lie to a CO you’re inadmissible.  When you fill out the visa application the signature section says if you deliberately misrepresent the information you are inadmissible.  It isn’t a secret.

It is virtually impossible to prove this and have a waiver approved.  You can try, but the reality is the chances of success are low.

 

https://www.uscis.gov/policy-manual/volume-9-part-f-chapter-2

More info:

 

http://myattorneyusa.com/waivers-for-fraud-or-willful-misrepresentation-of-a-material-fact-to-obtain-an-immigration-benefit

 

My call is “material” because:  Marriage = ties to home country which are material to the benefit (visit visa) being applied for.

 

 

 

 

Edited September 26, 2020 by Nitas_man

[geowrian 22,337]

The material misrep representation absolutely can be overcome. No doubt there. It can be expensive and add time, but it’s possible. But the specific issue here is getting to the misrep representation bar...until they can convince USCIS that the prior marriage was dissolved or never really existed, the case won’t proceed to interview to address the misrepresentation issue.

[JeanneAdil 6,510]

2 hours ago, MaleAlpha said:

Well, there are cases where people have been able to successfully address immigration issues bordering on misrepresentation.

 

I remember posting a while back about an acquaintance I knew who had misrepresented himself to a CBP official and was now trying to figure out how to immigrate and needed some advise for this guy. I got hit with a TON of responses about how this site is not to help people commit immigration fraud etc. Well, fast forward to a number of years later and he was ABLE to immigrate. His case was a little different but more severe than this (he had entered the US with another person's passport).

 

The solution involved getting banned/denied after they applied for an AOS, his wife applying for waivers with strong evidence to show difficulty if they were not together etc., attorney fees etc, him leaving the US and interviewing at a consulate to be readmitted again etc. but he was able to get it done and is back in the US and has successfully adjusted his status.

 

I think sometimes we are collectively a bit too severe and judgmental on this platform. Yes, it's OK to point out an illegality but to paint the person as a horrible person and how this site is not meant to help people commit fraud etc. when all they seek is advise on how to legally correct a problem they caused in the first place, makes a lot of people not come back to update us of what happened (whether the dispotion was successful or not). No wonder, we don't have updates of people who had this similar issue.

 

My advise to the OP is - Material misrepresentation is very serious as everyone has already said however using the case study of the acquaintance I knew, it CAN be possible (yes, I know it's different circumstances. He was already here and they had a kid who is a USC even though he had entered with someone else's passport and misrepresented himself at the port of entry). As severe as his case was, if he was able to get it fixed, I'm sure this could be fixed too. You definitely need to let USCIS aware of the misrepresentation which will likely trigger a similar ban/inadmissibility and potentially use a waiver to overcome it. Just giving you some hope and hopefully there is a successful outcome.

 

Wishing you and your husband all the best!

no one here said person is horrible

we did not say quit or give up /very rarely does anyone here say that and i see that only when there is abuse of some kind

most had good responses of the waiver and lawyer (who if honest would say the same as us  that the road to a visa will be difficult -may or may not be overcome

will depend much on the person's background checks 

and before i responded i looked at OP post and see there is much middle east travel to go thru security checks / this is also taken into account during the interview

i overcame a NOID with an appeal but her situation is harder 

and we told her to hire a good lawyer as she can't do this alone/ that is great advice 

also was said to move with him to another country but that is only to give them all the options

 

[MaleAlpha 314]

46 minutes ago, JeanneAdil said:

no one here said person is horrible

we did not say quit or give up /very rarely does anyone here say that and i see that only when there is abuse of some kind

most had good responses of the waiver and lawyer (who if honest would say the same as us  that the road to a visa will be difficult -may or may not be overcome

will depend much on the person's background checks 

and before i responded i looked at OP post and see there is much middle east travel to go thru security checks / this is also taken into account during the interview

i overcame a NOID with an appeal but her situation is harder 

and we told her to hire a good lawyer as she can't do this alone/ that is great advice 

also was said to move with him to another country but that is only to give them all the options

 

I think you missed the whole point of my post. I wasn't accusing anyone on this specific thread of being horrible or saying horrible things to the OP.

 

I was simply stating why we do not see people who ask similar questions in the threads come back and inform us of the disposition and I cited my experience where I asked a question and got judged right from the onset. As a result I didn't even bother coming back to let the group know how the issue for my acquaintance was addressed. Problem with that is, people who have similar experiences do not have examples to go off of. So yeah, I was just offering one possible reason to why we do not see people come back and let us know what eventually happened.

 

I agree with the posts here and for the most part have been very helpful regardless of the misrepresentation issue. I didn't get that same treatment when I made that post several years ago.

 

I still wish the OP all the best and agree with the rest of the group that this should involve a very experienced attorney specialized in this field. My friend spent over $10K+ to address this.

 

 

Edited September 26, 2020 by MaleAlpha

[Cute doll face 27]

7 hours ago, carmel34 said:

I'm so sorry you are going through this, it must be frustrating and stressful.  There are lots of similar posts in the past couple of years here on VJ, where the foreign husband lies on a tourist visa application by stating "married," then later when applying for an immigrant visa they are asked for proof that the previous "marriage" was ended, which of course is impossible to prove since there was no previous marriage.  Unfortunately, we never hear back from the original posters with reports of successfully overcoming this very big challenge, because it is clearly misrepresentation to try and gain entry to the US, it's dishonest and lying, and comes with serious consequences.  Here are the recommendations that make sense in your case:

 

1.  Get a good lawyer, experienced in similar situations, to help (Hacking Law is one mentioned often on VJ), this will be expensive and take a long time, with no guarantee of success.

 

2.  Your husband could write a sworn statement, get it notarized, explaining that he lied on the previous tourist visa application, and that he admits this mistake but would like to face head-on any consequences.  Send this document to respond to the NOID.  There may or may not be a possibility of a waiver for this situation.  If there is, you can submit documents to convince USCIS that a denial of the spousal visa petition would mean severe hardship for the USC spouse.  It may be difficult to prove but not impossible, and will take a long time, it may also require that you follow steps 1 and 2 together as a good attorney can help with the waiver process.  Your husband could be facing a lifetime ban from entering the US because lying to the US government is a serious situation that they do not take lightly.  Your efforts to prove that he was single when you got married, in response to the RFE, only made the situation worse because he previously stated he was married when he in fact was not.  So coming clean and admitting his misrepresentation may or may not work, but it's worth looking into.

 

3.  Investigate countries in the world, other than the US, where you could live together as a married couple.  This could include his home country, obviously, but there may be other places where you could both immigrate and make a new life together.  This may or may not be an option, depending on your circumstances, but if the above two paths do not allow you to be together in the US, it may be the only way you can live together.

 

4.  If none of the above work out, you could either continue a long distance relationship, seeing each other occasionally somewhere outside the US, or you can travel to be with him as often as you can, or you might decide to end the relationship.  Hopefully that won't happen.  Maybe all the suggestions you are receiving will give you some hope and you can some day live together and be happy.  Good luck!

@carmel34 am also now sacred and confused my boyfriend filled for me a K1 visa but on my B2 visa in January this year I selected “single “as my martial status ,Cz there was no option of being in a relationship, there was an option of fiancé ,married ,single and Divorced ....so I selected “single “ but I was in a relationship (girlfriend boyfriend thing )Does that mean I also lied?.

We started dating with my boyfriend in 2018 

@payxibka @Lucky Cat @dwheels76 @JeanneAdil 

Edited September 26, 2020 by Cute doll face

[Michellle 9]

3 hours ago, MaleAlpha said:

Well, there are cases where people have been able to successfully address immigration issues bordering on misrepresentation.

 

I remember posting a while back about an acquaintance I knew who had misrepresented himself to a CBP official and was now trying to figure out how to immigrate and needed some advise for this guy. I got hit with a TON of responses about how this site is not to help people commit immigration fraud etc. Well, fast forward to a number of years later and he was ABLE to immigrate. His case was a little different but more severe than this (he had entered the US with another person's passport).

 

The solution involved getting banned/denied after they applied for an AOS, his wife applying for waivers with strong evidence to show difficulty if they were not together etc., attorney fees etc, him leaving the US and interviewing at a consulate to be readmitted again etc. but he was able to get it done and is back in the US and has successfully adjusted his status.

 

I think sometimes we are collectively a bit too severe and judgmental on this platform. Yes, it's OK to point out an illegality but to paint the person as a horrible person and how this site is not meant to help people commit fraud etc. when all they seek is advise on how to legally correct a problem they caused in the first place, makes a lot of people not come back to update us of what happened (whether the dispotion was successful or not). No wonder, we don't have updates of people who had this similar issue.

 

My advise to the OP is - Material misrepresentation is very serious as everyone has already said however using the case study of the acquaintance I knew, it CAN be possible (yes, I know it's different circumstances. He was already here and they had a kid who is a USC even though he had entered with someone else's passport and misrepresented himself at the port of entry). As severe as his case was, if he was able to get it fixed, I'm sure this could be fixed too. You definitely need to let USCIS aware of the misrepresentation which will likely trigger a similar ban/inadmissibility and potentially use a waiver to overcome it. Just giving you some hope and hopefully there is a successful outcome.

 

Wishing you and your husband all the best!

MaleAlpha--thank you very much for sharing a relevant example, along with the encouragement that something of this nature could possibly be overcome.  While everyone's feedback has been insightful and appreciated, yours caused me to at least lift my head because it answered my initial question of whether anyone had a similar experience that may have resulted in some kind of hope at the end of the tunnel.  Sometimes it can feel like there is no hope when it comes to immigration and having others offer understanding and support goes a long way towards helping you get back up when you feel the wind has been knocked out of you.  

[payxibka 10,045]

10 minutes ago, Cute doll face said:

@carmel34 am also now sacred and confused my boyfriend filled for me a K1 visa but on my B2 visa in January this year I selected “single “as my martial status ,Cz there was no option of being in a relationship, there was an option of fiancé ,married ,single and Divorced ....so I selected “single “ but I was in a relationship (girlfriend boyfriend thing )Does that mean I also lied?.

We started dating with my boyfriend in 2018 

@payxibka @Lucky Cat @dwheels76 @JeanneAdil 

You didn't lie, you were in fact a single person (meaning non married)

[Cute doll face 27]

2 minutes ago, payxibka said:

You didn't lie, you were in fact a single person (meaning non married)

@payxibka Thank you dear ,am now relieved 🙏🏽

[pushbrk 12,892]

1 hour ago, Cute doll face said:

@payxibka Thank you dear ,am now relieved 🙏🏽

A visa application is not a FB profile.  "In a Relationship" is not an option.  If you're not married, you are either divorced or single.

 

To the OP's issue, I'll add my observation that I've seen this issue many times in the last 15 years, and never had anybody come back and report it was resolved successfully.

 

It...IS...possible though.  I recommend a consultation with Marc Ellis at marcellislaw.com

[NYCruiser 423]

5 hours ago, MaleAlpha said:

Well, there are cases where people have been able to successfully address immigration issues bordering on misrepresentation.

 

I remember posting a while back about an acquaintance I knew who had misrepresented himself to a CBP official and was now trying to figure out how to immigrate and needed some advise for this guy. I got hit with a TON of responses about how this site is not to help people commit immigration fraud etc. Well, fast forward to a number of years later and he was ABLE to immigrate. His case was a little different but more severe than this (he had entered the US with another person's passport).

 

The solution involved getting banned/denied after they applied for an AOS, his wife applying for waivers with strong evidence to show difficulty if they were not together etc., attorney fees etc, him leaving the US and interviewing at a consulate to be readmitted again etc. but he was able to get it done and is back in the US and has successfully adjusted his status.

 

I think sometimes we are collectively a bit too severe and judgmental on this platform. Yes, it's OK to point out an illegality but to paint the person as a horrible person and how this site is not meant to help people commit fraud etc. when all they seek is advise on how to legally correct a problem they caused in the first place, makes a lot of people not come back to update us of what happened (whether the dispotion was successful or not). No wonder, we don't have updates of people who had this similar issue.

 

My advise to the OP is - Material misrepresentation is very serious as everyone has already said however using the case study of the acquaintance I knew, it CAN be possible (yes, I know it's different circumstances. He was already here and they had a kid who is a USC even though he had entered with someone else's passport and misrepresented himself at the port of entry). As severe as his case was, if he was able to get it fixed, I'm sure this could be fixed too. You definitely need to let USCIS aware of the misrepresentation which will likely trigger a similar ban/inadmissibility and potentially use a waiver to overcome it. Just giving you some hope and hopefully there is a successful outcome.

 

Wishing you and your husband all the best!

As you said, each couple's case is different. You said the words...they had a kid together and that would cause hardship on both the Spouse and Child....as US Citizens. This is not the case here.....or is it? Or could be?

[JeanneAdil 6,510]

1 hour ago, Cute doll face said:

@carmel34 am also now sacred and confused my boyfriend filled for me a K1 visa but on my B2 visa in January this year I selected “single “as my martial status ,Cz there was no option of being in a relationship, there was an option of fiancé ,married ,single and Divorced ....so I selected “single “ but I was in a relationship (girlfriend boyfriend thing )Does that mean I also lied?.

We started dating with my boyfriend in 2018 

@payxibka @Lucky Cat @dwheels76 @JeanneAdil 

you did not lie /  you are single if divorced or widowed or never married 

i was single as widowed 

the only other option  is married and if you aren't ,  you aren't

[Michellle 9]

23 minutes ago, pushbrk said:

A visa application is not a FB profile.  "In a Relationship" is not an option.  If you're not married, you are either divorced or single.

 

To the OP's issue, I'll add my observation that I've seen this issue many times in the last 15 years, and never had anybody come back and report it was resolved successfully.

 

It...IS...possible though.  I recommend a consultation with Marc Ellis at marcellislaw.com

Thank you for the legal referral.