Can this come back to bite us???

[Wonderingsoul 0]

Hello everyone,

i would really be grateful if i can be given honest and constructive replies. I had always wanted to know if any past non immigrant visa applications from a beneficiary, weather denied or approved is put into consideratin when dealing with the said beneficiary's immigrant visa petition.

Reason being that in 2006, I did make an application for a NIV and didn't write out my husband's usual names when they asked for spouse's name, i gave his last name and his birthdate correctly though. all that was just in a bid to confuse them from knowing that my husband was a legal permanent resident so they wont deny me cos of that. But they did deny me anyways, and it was much after then we filed for the i-130.

Pls have u ever heard anything like that? What do u think? will this come back to bite us???

[Wonderingsoul 0]

Hello everyone,

reading through this just brought this question to mind, i would really be grateful if i can be given honest and constructive replies. I had always wanted to know if any past non immigrant visa applications from a beneficiary, weather denied or approved is put into consideratin when dealing with the said beneficiary's immigrant visa petition.

Reason being that in 2006, I did make an application for a NIV and didn't write out my husband's usual names when they asked for spouse's name, i gave his last name and his birthdate correctly though. all that was just in a bid to confuse them from knowing that my husband was a legal permanent resident so they wont deny me cos of that. But they did deny me anyways, and it was much after then we filed for the i-130.

Pls have u ever heard anything like that? What do u think? will this come back to bite us???

[VanessaTony 3,567]

Hello everyone,

reading through this just brought this question to mind, i would really be grateful if i can be given honest and constructive replies. I had always wanted to know if any past non immigrant visa applications from a beneficiary, weather denied or approved is put into consideratin when dealing with the said beneficiary's immigrant visa petition.

Reason being that in 2006, I did make an application for a NIV and didn't write out my husband's usual names when they asked for spouse's name, i gave his last name and his birthdate correctly though. all that was just in a bid to confuse them from knowing that my husband was a legal permanent resident so they wont deny me cos of that. But they did deny me anyways, and it was much after then we filed for the i-130.

Pls have u ever heard anything like that? What do u think? will this come back to bite us???

Okay I'm confused sorry.

From your post you applied for a NIV and were denied. On THAT NIV you filled in the documents in an attempt to commit fraud.

So what I get from your post is that you tried coming over to the US (from whatever country you're from) on say a K1, but because your husband is the US LPR you LIED to the US government and tried to get them to this he is a USC so that you could get the petition approved faster?? I know that LPR's can petition family members but it takes A LOT longer. So is that correct?

Also, your husband must now be a USC (or is his still an LPR) and you're petitioning again, but this time as a spouse rather than a NIV? So your tried K1, were denied, now are trying CR1?? Is that correct?

If that's the case, it's not that you applied for another visa that I would be worried about, they WILL look at previous denials but typically that doesn't matter unless there was a BAD reason for the denial. It is the material misrepresentation that you should be worried about. Honestly I think we need just a little more info if you can please.

[Wis-Can 0]

I was a little confused on the posting as well...OP can you be a little more clear, does Vanessa&Tony have it right?

[Penguin_ie 5,993]

The quick answer is that yes, it could come back to haunt you. They do keep copies of old applications, and can look them up.

So, you didn't lie on the forms but you didn't tell the whole truth, ie used only first and last name of your husband and not middle name? If so, you *might* be ok. But it really depends on why you were denied that last time.

[NigeriaorBust 4,087]

Worse case they consider it a material misrepresentation and give you a lifetime ban. It probably won't happen but that it the extreme. You can be assured they will ask why you did it. You have to disclose that denial and they know about it. Your marriage existed then and you lied on a statement to the US government. It could go badly especially being from a high fraud area. There used to be a user that was dealing with a ban because her spouse had written his own name different in two different visa applications ( Stephen vs Steven ) . You may want to consult an attorney about what to be prepared for. And when looking at attorneys remember you usually get what you pay for .

[sachinky 465]

All denials are on file. So be prepared to answer/talk about it.

[Wonderingsoul 0]

Thanks to you all for sparing me a thought.

No, it wasn't really like that. The thing was...

I applied for a normal visit visa, and on the form where they asked about info on spouse, i just used 2 other names for him and used his suname correctly and his birthdate. I didnt submit any fraudulent document as they never asked for it.

Also, the form asked if my spouse was a LPR and i answered "NO", deliberately as he was yet to receive his hardcopy GC as at then, all he had then was the i-551 stamp in his pport. I was denied then, because i was unable to show strong ties to my country, they said.

It was after then he got his GC, he is now eligible for naturalization come July of this year.

He has since filed i-130 for us since 2006, and now we have gone through all the steps and had just paid our IV bill, all that's left is for us to submit the form D-230 with all civil documents and await our interview date, and need i tell u am worried sick with worry.

PLS PLS PLS help me.

[Wonderingsoul 0]

Just read somewhere that that could lead to a lifetime ban????????????????

Please if you have ever seen or heard about something like this pls be kind as to reply this post pls. Now am really really scared.

Just wanted to add that we've had 2 children(a boy and a girl) since after the petition. Doesn't that count for something?

I only did what i did out of desperation.

[justashooter 430]

I applied for a normal visit visa, and on the form where they asked about info on spouse, i just used 2 other names for him and used his suname correctly and his birthdate. I didnt submit any fraudulent document as they never asked for it.

Also, the form asked if my spouse was a LPR and i answered "NO", deliberately as he was yet to receive his hardcopy GC as at then, all he had then was the i-551 stamp in his pport. I was denied then, because i was unable to show strong ties to my country, they said.

It was after then he got his GC, he is now eligible for naturalization come July of this year.

He has since filed i-130 for us since 2006, and now we have gone through all the steps and had just paid our IV bill, all that's left is for us to submit the form D-230 with all civil documents and await our interview date, and need i tell u am worried sick with worry.

so you gave false good names for him when applying for tourist visa, hoping that they wouldn't realise that he was living in USA?

then you did submit a fraudulent document, my dear. in answering "no", you again defrauded the USCIS. he was an LPR, whether he had his card, or not. now you are hoping that he can apply for you as a USC next year, and are concerned about your attempts to defraud in past coming back on you.

you should be worried. attempting to enter as a tourist with the intent of staying illegally was foolish, and would have come back on you much harder than the denial if you had been caught between point of expiration of B2 and his USC filing of I 130. I 130 filed by LPR has no weight if you are caught in country.

you are looking for help on a forum that is peopled by those who are scrupulous in their adherence to the law, while admitting that you have attempted to flout it. you will find no sympathy here. perhaps you should try rajiv's forum (immigrate2US) where this kind of behaviour is more acceptable.

[sachinky 465]

All denials are on file, just as a FYI.

I would be very worried if I were you--get a lawyer.

[Brother Hesekiel 2,236]

You made a mistake, but you can't change the past. All you can hope for is that i won't become an issue. No need for countless sleepless nights. I also disagree with the previous posters' evaluations: by not stating that your fiance was about to conclude his LPR process, you did not commit a horrible misrepresentation, and I don't think it will come to haunt you, although I don't know what country you are from. Yes, it matters, as different consulates are much more stringent than others.

[Penguin_ie 5,993]

The name thing, you could talk your way out of (maybe), as long as you didn't use false names. But writing "no" in an official document when you knew he was an LPR, that is missrepresentation and yes, that can to a lifetime ban. I think a consultation with a lawyer would be a very good idea.

[Wonderingsoul 0]

so you gave false good names for him when applying for tourist visa, hoping that they wouldn't realise that he was living in USA?

then you did submit a fraudulent document, my dear. in answering "no", you again defrauded the USCIS. he was an LPR, whether he had his card, or not. now you are hoping that he can apply for you as a USC next year, and are concerned about your attempts to defraud in past coming back on you.

you should be worried. attempting to enter as a tourist with the intent of staying illegally was foolish, and would have come back on you much harder than the denial if you had been caught between point of expiration of B2 and his USC filing of I 130. I 130 filed by LPR has no weight if you are caught in country.

you are looking for help on a forum that is peopled by those who are scrupulous in their adherence to the law, while admitting that you have attempted to flout it. you will find no sympathy here. perhaps you should try rajiv's forum (immigrate2US) where this kind of behaviour is more acceptable.

Justashooter,

I honestly appreciate ur contributions, but passing a judgemnet on me and speaking for everybody else in the forum was a bit high-handed. I did make a mistake in the past and am only trying to make the best out of an already bad one. The best you can do is tell me what you think of my situation and not condemn me.

What i did was an act of desperation to be with my husband and not out of some craziness to be in the States by hook or crook.

Thank you for your contributions though but saying no sympathy from everyone else, is not in your place.

Pls anyone with info for me , feel free to reply to these posts. thanks.

[nycgirl 13]

I honestly appreciate ur contributions, but passing a judgemnet on me and speaking for everybody else in the forum was a bit high-handed. I did make a mistake in the past and am only trying to make the best out of an already bad one. The best you can do is tell me what you think of my situation and not condemn me.

What i did was an act of desperation to be with my husband and not out of some craziness to be in the States by hook or crook.

Thank you for your contributions though but saying no sympathy from everyone else, is not in your place.

Pls anyone with info for me , feel free to reply to these posts. thanks.

My dear, the reason why you won't get a huge amount of sympathy is that the people here (99%) do things the legal way, the painstakingly LEGAL way. Talk to any one here, and they will tell you how desperate they are to see their loved one. But still they wait, they file, they play by the rules (but mostly, they wait).

People who lie, cheat or defraud the government inevitably make it harder for those who choose to do the right thing.

If a member here were to give you step-by-step instructions on how to get out of your situation, that would be condoning what you did. It would put the stamp of approval on your behavior--"its okay to lie if you are desperately in love" It simply doesn't work that way around here!!

Edited January 29, 2010 by nycgirl