Denied immigrant visa based on previous visa application

[Boiler 46,272]

3 minutes ago, Ray.Bonaquist said:

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 something like misrepresenting to an immigration officer.

 

 

 

 

That is not the problem, sating he was married and not providing a related Divorce Certificate is the issue. Usually there is a waiver for lying.

[Tacos 70]

12 hours ago, Ma Daniel said:

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!

Your husband claimed to have been married on previous application(s) for a tourist visa, then at the interview for the fiancé or spousal visa, he said no? 

 

I live with my fiance in her country, so I hope that’s not going to be seen as being married. 

Edited December 6, 2020 by Tacos

[African Zealot 1,456]

1 minute ago, Boiler said:

That is not the problem, sating he was married and not providing a related Divorce Certificate is the issue. Usually there is a waiver for lying.

My response was directed at the perfect poster who said they don’t understand why the original poster married the “offender”.

[Boiler 46,272]

14 minutes ago, Ray.Bonaquist said:

My response was directed at the perfect poster who said they don’t understand why the original poster married the “offender”.

I think it is reasonable to assume that the extent of the issues being faced was unknown at the time.

[designguy 1,179]

1 hour ago, Tacos said:

Your husband claimed to have been married on previous application(s) for a tourist visa, then at the interview for the fiancé or spousal visa, he said no? 

 

I live with my fiance in her country, so I hope that’s not going to be seen as being married. 

As long as you havent claimed to be married on an visa application when you actually werent. Living together with someone has no bearing 

[SalishSea 18,219]

1 hour ago, Tacos said:

Your husband claimed to have been married on previous application(s) for a tourist visa, then at the interview for the fiancé or spousal visa, he said no? 

 

I live with my fiance in her country, so I hope that’s not going to be seen as being married. 

Different situation entirely.  The OP's current spouse sought a material benefit (tourist visa) by stating on the application that he was married, when he was not.

Edited December 7, 2020 by Jorgedig

[GP1977 288]

1 hour ago, Ray.Bonaquist said:

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.

 

 

 

 

Of course Americans lie just like any other nationalities.   However, corruption is much more rampant in African countries than in Western Countries.   The majority of African's accept it as a normal way of life.  The same couldn't be said for Western countries.

 

Also, the examples you mentioned are people who are not applying for an immigration benefit.  Remember that there is nothing in the Constitution that grants someone from another country the right to immigrate here.  Therefore, their needs to be a heavy vetting process and someone who has been caught in a material representation lie, shouldn't be allowed.

 

 

 

[Ma Daniel 15]

2 hours ago, Tacos said:

Your husband claimed to have been married on previous application(s) for a tourist visa, then at the interview for the fiancé or spousal visa, he said no? 

 

I live with my fiance in her country, so I hope that’s not going to be seen as being married. 

He was asked how many times his been married and he said one, then the CO brought up his past visa application and asked about that marriage he had claimed. My husband answered that they were living together at that and weren’t married 

[belinda63 3,051]

The issue is he made a sworn statement for the purpose of obtaining a benefit (tourist visa) and lied on the application. Now he has to "undo" his lie. And the only way to do that is provide legitimate divorce papers from his first wife. How he would go about obtaining a divorce from someone he was never married to is what he needs to figure out. If he can somehow manage to do that legally then you will need to marry him again since your marriage is not currently legal  in the eyes of US immigration.

Do you see the issue here? According to US immigration he was legally married previously and has provided no evidence that marriage was ever ended. 

[Ma Daniel 15]

1 minute ago, belinda63 said:

The issue is he made a sworn statement for the purpose of obtaining a benefit (tourist visa) and lied on the application. Now he has to "undo" his lie. And the only way to do that is provide legitimate divorce papers from his first wife. How he would go about obtaining a divorce from someone he was never married to is what he needs to figure out. If he can somehow manage to do that legally then you will need to marry him again since your marriage is not currently legal  in the eyes of US immigration.

Do you see the issue here? According to US immigration he was legally married previously and has provided no evidence that marriage was ever ended. 

Got you! Thanks 

[Lemonslice 4,989]

4 hours ago, Tacos said:

Your husband claimed to have been married on previous application(s) for a tourist visa, then at the interview for the fiancé or spousal visa, he said no? 

 

I live with my fiance in her country, so I hope that’s not going to be seen as being married. 

Did you/are you planning to do a religious marriage ceremony before she immigrates?  If not, you're most probably in the clear.

[Tacos 70]

On 12/6/2020 at 9:52 PM, Lemonslice said:

Did you/are you planning to do a religious marriage ceremony before she immigrates?  If not, you're most probably in the clear.

We’re not doing any sort of a ceremony here in Colombia. I’m just hopeful for her to get the K1 visa, her and our son can get to the US and we’ll have the wedding shortly afterwards. We’re trying to get her aunt and uncle a tourist visa so they can attend the ceremony in the US, they raised my fiance after her mom and dad essentially abandoned her. 

 

 

On 12/6/2020 at 7:00 PM, GP1977 said:

Of course Americans lie just like any other nationalities.   However, corruption is much more rampant in African countries than in Western Countries.   The majority of African's accept it as a normal way of life.  The same couldn't be said for Western countries.

 

Also, the examples you mentioned are people who are not applying for an immigration benefit.  Remember that there is nothing in the Constitution that grants someone from another country the right to immigrate here.  Therefore, their needs to be a heavy vetting process and someone who has been caught in a material representation lie, shouldn't be allowed.

 

 

 

I work as a pilot for a cargo airline, there’s a reason that if we go to Africa, we have the resources to be able to bribe our way out of most situations. Money talks. One crew from another airline, was in Lagos was robbed at gunpoint, on the airplane, and had to fly back to Europe with just their underwear and passports. Everything else, including their clothing was stolen. That stuff doesn’t happen in other parts of the world. I’ve never seen rampant corruption as I have in Africa. 

Edited December 8, 2020 by Tacos