Denied immigrant visa based on previous visa application

[designguy 1,179]

4 minutes ago, Boiler said:

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?

I would think if some were successful they would still come back here with questions regarding the rest of the process after getting a waiver so my train of thought would be there are close to 0 success cases. But I could be wrong.

[Ma Daniel 15]

23 minutes ago, designguy said:

I would think if some were successful they would still come back here with questions regarding the rest of the process after getting a waiver so my train of thought would be there are close to 0 success cases. But I could be wrong.

Years of waiting can be frustrating. I can only do my part, try to fight this for the best outcome. If 

[designguy 1,179]

Just now, Ma Daniel said:

Years of waiting can be frustrating. I can only do my part, try to fight this for the best outcome. If 

Yes just keep in mind what the chance of success vs the cost this will take. People have spent 10s of thousands on legal fees for cases like this that dont end up successful and there is no refund

[NikLR 13,227]

I think most people probably get divorced or move to the spouses country after fighting this for a few years. 

[replaysports 41]

1 hour 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

Tell him to get stable, by getting and keeping a job and stop lying to officers... as a start. If you really want to be with him, which I don't understand why, you will have to go to him cause he will not be allowed here in the US.

[Ma Daniel 15]

1 minute ago, replaysports said:

Tell him to get stable, by getting and keeping a job and stop lying to officers... as a start. If you really want to be with him, which I don't understand why, you will have to go to him cause he will not be allowed here in the US.

Some lines were uncalled for sir/madam. But anyway u made your point and thanks. I guess the officers/US government is aware of those lies/fraud/misrepresentation, that’s why they came up with waivers.

[Crazy Cat 41,833]

3 minutes ago, replaysports said:

Tell him to get stable, by getting and keeping a job and stop lying to officers... as a start. If you really want to be with him, which I don't understand why, you will have to go to him cause he will not be allowed here in the US.

Sometimes people use an agent to help them complete the B2 paperwork.  There is a notion that saying the applicant is married gives the appearance of strong ties to home country, thereby showing a reason to return.  The applicant signs the B2 application, and he/she is fully responsible.  The agent gets their money....and the applicant assumes all the risk of consequences like this.  I'm not sure if the OP's spouse used an agent....but it is quite common in some countries.

[Ma Daniel 15]

6 minutes ago, replaysports said:

Tell him to get stable, by getting and keeping a job and stop lying to officers... as a start. If you really want to be with him, which I don't understand why, you will have to go to him cause he will not be allowed here in the US.

Damn too judgemental!!! I guess you won’t understand cos u not the one in the relationship. 

[Loren Y 2,755]

Here is a link to an article that covers getting a waiver, and in this case I am sorry to say your chances are not very good based on what I read...

 

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

[JeanneAdil 6,491]

Since he did lie to CO about being married (common law or not) i don't know how you overcome that/  and it looks like CO sited wrong section of 212 but the USCIS office will correct any mistakes there.   Either he lied on the other application and wasn't married or he lied during this interview.  

 

According to Nolo law

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter4-10.html

 

In any case, if a USCIS or State Department official discovers that you’ve lied to him or her, it casts everything else you've submitted into doubt. Before approving you for anything, the officials must be convinced that you're not concocting a fraud or scam.

 

but in Texas common law is legal so his marriage according to immigration would be legal in your state and from reading past posts about marriages , the embassies do look into state regulations such as this and marrying a 1st cousin

 

to you: if you try to proceed ,  he has to produce divorce papers 

 

Technically, there is no such thing as a common law divorce. If you are in a legally-recognized informal marriage and you wish to end the relationship, you must obtain a regular divorce just like any other ceremonially married couple. ... This is because of the fact that all states recognize marriages from other states.Dec 6, 2019

 

[Boiler 45,466]

You can be in a common aw relationship, different jurisdictions used different terms, but you are not married and do not have a spouse. A B2 asks for details of your Spouse.

 

The particular clause used to deny may not seem obvious, was not to me, but is technically, not a mistake. Simplistically the application fails. marriage based application where one person is married and has not divorced.

[carmel34 3,621]

Material misrepresentation carries a lifetime ban and waivers are very difficult as there are so few situations where the alien is even eligible for one.  Be prepared to pay an experienced immigration attorney a lot of money to try and overcome this, with no guarantee of success.  It will also take a very long time and the eventual outcome cannot be predicted.  From what you have posted, it sounds like the extreme hardship would be based on your reply that you cannot move to his country.  You have no ties to his country, your children and job and family are all in the US, and leaving would be an extreme hardship for financial and psychological reasons.  If you decide to go down this road, start gathering documentation to prove the extreme hardship, with the expert assistance of the best US immigration attorney you can find.  Then try the waiver route if he is eligible for one.  Trying to prove that he was not married at the time he applied for the B visa is pointless because he stated on the visa application that he was.  Your only option here is the waiver for misrepresentation.  I hope it works out for you.  Good luck!

[Boiler 45,466]

Other way around there are a few situations where a waiver is not available. Showing extreme hardship ius not tat difficult, would not be an issue in the OP's case.

 

However not the issue here, no waiver filing is currently offered.

[Crazy Cat 41,833]

@Ma Daniel, did your husband use an agent when he applied for the tourist visa?

[African Zealot 1,455]

8 hours ago, replaysports said:

Tell him to get stable, by getting and keeping a job and stop lying to officers... as a start. If you really want to be with him, which I don't understand why, you will have to go to him cause he will not be allowed here in the US.

You must be perfect or married to Mr./Ms. Perfect. You’re talking a bunch of tosh. You don’t know why some married someone because they lied to an immigration officer?

 

This is exactly the kind of judgmental utterances by some American and westerners which aggregate me to no end. I’ve lived here for 22 years and Americans lie and cheat just like other nationalities.

 

Heck you even made a notorious liar, cheat and philanderer President and you judge a man for misrepresenting to an immigration officer? 😂🤣😂 Another one committed sexual acts with an intern and then lied about it. You must have forgotten? Another one lied that Saddam Hussein had weapons of mass destruction and then went ahead and bombed and destroyed Iraq.

 

No lying to immigration officers is not behavior to encourage but let’s not question someone for marrying someone because of something like misrepresenting to an immigration officer.

 

 

 

 

Edited December 6, 2020 by Ray.Bonaquist