Denied immigrant visa based on previous visa application

[Ma Daniel 15]

Hello, I wish someone on here can throw a some light into our predicament. My husband's immigrant visa was denied based on his past claim of being married(he wasn't but in a common law relationship) when he had applied for a visitor's visa. During the interview, he stated the CO asked about our relationship, and then went forward to ask if he has ever been married before. His replied was, no! the CO asked him but you stated in your previous visa application that you were married to this person (mentioning his ex's name). My husband's replied was, no, we were not married, but living together at the time(that was in 2015) of the B2 visa application. The CO denied the visa based on INA 212(a)(5)(A)- confusing as this section falls under the labor certificate-, and that his petition will be returned to DOS with the recommendation that petition be revoked.

My question is, is there a way out of this mess? Has anyone on VJ experienced this? I have consulted with a lawyer already! I just want to know if there's a light at the end of this misfortune we facing because of his "false claim" to get the visitor's visa. 

I will really appreciate y'all replies!

Edited December 6, 2020 by Ma Daniel

[designguy 1,179]

We see this again and again and again. Not sure anyone has ever come back and said they successfully overcame this 

[Ma Daniel 15]

3 minutes ago, designguy said:

We see this again and again and again. Not sure anyone has ever come back and said they successfully overcame this 

I have gone through different portals trying to find a post that relates to my case, but haven't seen none. I am open to ideas and suggestions, whatever that's gonna help. It's so frustrating and stressful.Thanks anyway for the response?

[canadian_wife 1,829]

What does the lawyer say?  I am sorry that this happened, but sadly you are not the only one.  The cardinal rule of Visa Journey - always tell the truth. 

 

Good luck 

[Ma Daniel 15]

3 minutes ago, canadian_wife said:

What does the lawyer say?  I am sorry that this happened, but sadly you are not the only one.  The cardinal rule of Visa Journey - always tell the truth. 

 

Good luck 

Oh not me! I am going to be as honest about my case as possible. I need help/suggestions and only honesty can get me there.

The lawyer said NOIR was gonna take a while before we get it, so in the main time, we will request for a no impediment to the marriage he had claimed in his previous visa application. He is going to file a new petition and a waiver. He also said, if we get the NOIR before the new petition is approved, we gonna respond to it.

[JFH 12,191]

39 minutes ago, Ma Daniel said:

I have gone through different portals trying to find a post that relates to my case, but haven't seen none. I am open to ideas and suggestions, whatever that's gonna help. It's so frustrating and stressful.Thanks anyway for the response?

Sadly I think the reason why you can’t find a successful outcome to this situation is because there isn’t one. We had a thread about the same situation here just yesterday and we see them over and over again. I have only seen denials as a result of this. 
 

Could you move to your husband instead? That’s what usually happens following a denial. The only reason I moved to the US is because my husband was denied a visa for my homeland. 

Edited December 6, 2020 by JFH

[Ma Daniel 15]

5 minutes ago, JFH said:

Sadly I think the reason why you can’t find a successful outcome to this situation is because there isn’t one. We had a thread about the same situation here just yesterday and we see them over and over again. I have only seen denials as a result of this. 
 

Could you move to your husband instead? That’s what usually happens following a denial. The only reason I moved to the US is because my husband was denied a visa for my homeland. 

I understand it’s a difficult one. Sorry I don’t understand the last part of your post

[designguy 1,179]

Just now, Ma Daniel said:

I understand it’s a difficult one. Sorry I don’t understand the last part of your post

They are suggesting you move to your husband, instead of your husband coming to the US

[Ma Daniel 15]

3 minutes ago, designguy said:

They are suggesting you move to your husband, instead of your husband coming to the US

Oh thanks! Moving isn’t an option, have family depending on me financially and no better paying job to cover my finances if I actually move. My husband ain’t that financially stable as well

[designguy 1,179]

4 minutes ago, Ma Daniel said:

Oh thanks! Moving isn’t an option, have family depending on me financially and no better paying job to cover my finances if I actually move. My husband ain’t that financially stable as well

Then unfortunately you may need to reconsider the relationship. But your best next step is to find a lawyer who specializes in overcoming misrepresentations. You'll need more than just a regular ol' immigration attorney

Edited December 6, 2020 by designguy

[Ma Daniel 15]

2 minutes ago, designguy said:

Then unfortunately you may need to reconsider the relationship. But your best next step is to find a lawyer who specializes in overcoming misrepresentations

I got a lawyer 

[designguy 1,179]

1 minute ago, Ma Daniel said:

I got a lawyer 

Are the specialized in immigration misrepresentations? If not then find a new one. If they havent dealt with cases like this before the chance of success if very low

[Boiler 46,246]

Has you Lawyer handled a case like this successfully, if so how?

[Crazy Cat 42,547]

4 minutes ago, Ma Daniel said:

Oh thanks! Moving isn’t an option, have family depending on me financially and no better paying job to cover my finances if I actually move. My husband ain’t that financially stable as well

This exact circumstance comes up more often than you think.  I have never seen one of the cases resolved.  They never come back to update us.  

[Boiler 46,246]

23 minutes ago, Lucky Cat said:

This exact circumstance comes up more often than you think.  I have never seen one of the cases resolved.  They never come back to update us.  

Weird that nobody has come back, but it is what it is.

 

The time lines are so long, years down the track coming back to VJ is not thought about?