K-1 Brazil

[Jema 0]

My friend filed a K-1 for his Brazilian girfriend sometime last year, and they are now waiting for their interview date in Brazil to be scheduled. His girlfriend was in the US for a little over a year until November 2005 on a tourist visa. I imagine that she overstayed the time she was allowed to visit, but I'm not positive.

I told my friend that the visa will probably be denied because of his girlfriend's overstay, but he said she "got a new passport" and that on the application they put that she had never been to the US, so her previous visa and time in the US will not be an issue. My friend has visited her in Brazil several times and has photos, receipts, and ample proof of an on-going relationship.

My question is, could it actually be possible that her previous passport/visa/trip will not de discovered?

[JaJo 1]

They made a bad choice when they decided to lie...

The embassy keeps records of issued visas.

If I'm not mistaken, someone from Brasil had a similar problem (overstay) and got her K1 approved, but she didn't lie about it. Her screen name is JanaeDavid.

[ucla_cutie26 0]

I'm not sure about the possible consequences of this. But pretty much I would NEVER EVER lie on anything that will go through the USCIS, Dept. of Homeland Security, or any other govt. office

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Edited October 25, 2006 by ucla_cutie26

[YuAndDan 153]

The overstay is one thing but outright visa fraud by not disclosing and getting a "New Passport" is a whole different thing.

If the passport is a legitimate one like claiming that the old one was lost, it will have the same number and BIO data in it and will be discovered when arriving at the POE and can then be denied entry at that point.

[Yodrak 7]

Jema,

Your friend's girlfriend (she's not his fiancee?) will be asked at her visa interview if she has applied for a US visa in the past, and she'd better answer 'yes'. And her explanation for why she answered 'no' on her application forms had better not be 'because I thought you wouldn't know and didn't want you to find out that I overstayed my visit'.

Timely correction may save the day.

Yodrak

My friend filed a K-1 for his Brazilian girfriend sometime last year, and they are now waiting for their interview date in Brazil to be scheduled. His girlfriend was in the US for a little over a year until November 2005 on a tourist visa. I imagine that she overstayed the time she was allowed to visit, but I'm not positive.

I told my friend that the visa will probably be denied because of his girlfriend's overstay, but he said she "got a new passport" and that on the application they put that she had never been to the US, so her previous visa and time in the US will not be an issue. My friend has visited her in Brazil several times and has photos, receipts, and ample proof of an on-going relationship.

My question is, could it actually be possible that her previous passport/visa/trip will not de discovered?

[alix 20]

It was a bad idea for her to lie on her form and she better say it was a mistake and tell the truth at the interview.

They keep records of all her visa applications and all the times she's been to the US. So if she lies she'll be denied the visa immediately.

Also, they ask you to bring all your old passports to the interview (I don't know where I read that, but I'll bring mine!).

Lying is a very bad idea when it comes to immigration....please advise her or she might not be able to get her visa!

Alix

[kitkat1 5]

but he said she "got a new passport" and that on the application they put that she had never been to the US, so her previous visa and time in the US will not be an issue.

Are people seriously this ignorant? I don't expect the average person to know or understand immigration law, but does this guy really believe that a new passport "erases" her history? Have they over noticed that it's not a paper-based system at the POE, for example? Did she notice that on the form she was required to provide accurate and true information under penalty of perjury, fines, and/or imprisonment? Did it cross her mind that at the interview she will be under oath?

If she's lucky, they'll let her submit a waiver and he should start working on it now.

I am constantly dumbfounded and amazed by this type of "reasoning".

[meauxna 15]

Are people seriously this ignorant? I don't expect the average person to know or understand immigration law, but does this guy really believe that a new passport "erases" her history? Have they over noticed that it's not a paper-based system at the POE, for example?

I'd say almost once a week on the avumb forum.. getting a 'new' passport is popular.

Now I know that in Belize we used to use a big ledger book to record entries/exits, but them new fangled computer thingiemebobbies are so complicated!

I wonder if we'll ever hear the rest of the story on this one...

[Caroline and Phil 14]

It was a bad idea for her to lie on her form and she better say it was a mistake and tell the truth at the interview.

They keep records of all her visa applications and all the times she's been to the US. So if she lies she'll be denied the visa immediately.

Also, they ask you to bring all your old passports to the interview (I don't know where I read that, but I'll bring mine!).

Lying is a very bad idea when it comes to immigration....please advise her or she might not be able to get her visa!

Alix

I think getting the new passport is not a problem, but lying is a big problem. She should say the truth since the begining of the petition.

If someone gets new passporte he/she should show the old one(s) on the interview (I also read this).

We have to provide all true information to them on forms and documentary proof.

[Jema 0]

Thank you everybody. I will update whenever something comes of this.

I told him he NEVER should have lied.

Anybody want to speculate on the odds of simply getting a resounding DENIAL vs. and DENIAL plus PROSECUTION/FINED? Also, who can INS punish- just him as the USC? or her too?

[Yodrak 7]

Jema,

May depend a lot on whether or not she corrects the misinformation at the earliest opportunity.

There is no longer an INS.

Yodrak

....

Anybody want to speculate on the odds of simply getting a resounding DENIAL vs. and DENIAL plus PROSECUTION/FINED? Also, who can INS punish- just him as the USC? or her too?

[meauxna 15]

Anybody want to speculate on the odds of simply getting a resounding DENIAL vs. and DENIAL plus PROSECUTION/FINED? Also, who can INS punish- just him as the USC? or her too?

That is the job of the LAWYER he surely should be out shopping for at this moment.

Damage control, buddy. Damage control.

[Ladylethal 12]

They will ask if she was issued a visa before, on the forms and possibly at the interview. She better be completely honest about that.

Jana had an issue with an overstay on a work visa, she had a lawyer, got the proper waiver and got approved after some trouble.

[meauxna 15]

They will ask if she was issued a visa before, on the forms and possibly at the interview. She better be completely honest about that.

Jana had an issue with an overstay on a work visa, she had a lawyer, got the proper waiver and got approved after some trouble.

Understand, it is not the overstay now. It is the lie.

Example. My neighbor has lived in the US since she was about 5; she's 35 now. She and her family are all from Mexico and have always lived here legally as PRs. You'd never know her as anything but a regular American gal.

When she turned 18, she did the right thing and registered to vote. Except that wasn't the right thing! She voted in every election and was proud of it.

She finally decided to apply for naturalization last year, and her case is completely stopped now. Not for the voting, mind you. It is the policy of our office that that will not be a deal killer. No, she backpedaled, got confused (depending on which version you like better) and made a material misrep in her interview. She has been fighting it, but is slow to understand that she is not being denied for the voting, or pretending to be a USC or any other infraction. It's because she lied about it.

Lucky for her, she just has to wait 5 years and reapply when she is again of 'good moral character'.