Question about previously denied Visa

[tonyg279 5]

Hello everyone, I have a question in regards to a previously denied visa for my girlfriend. She applied for a B1 tourist visa in Caracas a few months ago, she was denied and handed a paper explaining the reason is under section 214(b) which from what i read is one of the most common denials, when she applied she put herself as single because that is how it shows in her cedula ( ID) she has been married for a few year but never even lived with her husband, since it was a young and dumb move to get married at such a young age, anyway they never lived together, after such she met her former partner and father of her baby, they never got married and lived together for a few years. I am planning to petition her under a K-1 Visa, now my question is if it will be a problem when they review her case at the embassy and see that a previous visa was denied (214b) failure to convince the consular officer that she will return to her country, and see that she put herself as single instead of married? she is in the process of divorcing and the divorce should be ready in about a week or two, I am kind of worried they go back to her previous denial and question why she put herself as single instead of married, and present a problem for my petition for a K-1 Visa.

Regards

[Transborderwife 4,666]

It may indeed come up. She should be prepared with a good answer

[Pitaya 2,576]

It certainly may come up at the future K1 visa interview. She should be prepared with a truthful explanation for that specific issue, and she should answer any other questions truthfully.

[tonyg279 5]

do you think there might be grounds for a K-1 denial based on that ?

[Transborderwife 4,666]

It could be a misrepresentation issue but I'm not sure

[tonyg279 5]

well I am thinking if that was the case, they would have denied her based on another section of the law, not 214 (b)

Edited March 28, 2016 by tonyg279

[Transborderwife 4,666]

Right, but did they know that she was married? I'm slightly confused as you said that they never got married, but she's getting divorced

[tonyg279 5]

when she was younger she had a boyfriend and decided to get married ( one of those lets get married, hiding it from our parents type of thing) but they never even lived together, after that experience she met her former partner and father of her daughter ( she never got divorced, they lived together but she was still married to the first person)

[Transborderwife 4,666]

Ok that clears it up a bit better. Now to answer my other question, when she applied for the visa were they aware of the marriage at all?

[tonyg279 5]

that is the part I am not sure about, they just asked her a few questions, one of them is if she was married or single, she said single just as what she stated on her application, as she shows single in her ID card

[Transborderwife 4,666]

that is the part I am not sure about, they just asked her a few questions, one of them is if she was married or single, she said single just as what she stated on her application, as she shows single in her ID card

Then I would definitely prepare to be asked about it. They didn't have a way of knowing that she was married otherwise.

[tonyg279 5]

I will let her know about it. thank you so much

[Merrytooth 5,748]

I don't think there is background check to see if the applicant is married or single for Tourist visa.

Like the common story here, someone applied for tourist visa put down as married (thinking that will increase the chance), get denied.

Come back later to apply for immigrant visa (spousal/K1 visa), CO then asked for divorce decree since he put down as married in previous visa application. Slapped with misrepresentation.

[tonyg279 5]

I don't think there is background check to see if the applicant is married or single for Tourist visa.

Like the common story here, someone applied for tourist visa put down as married (thinking that will increase the chance), get denied.

Come back later to apply for immigrant visa (spousal/K1 visa), CO then asked for divorce decree since he put down as married in previous visa application. Slapped with misrepresentation.

I do not think that is the case here, actually to the contrary she stated single as that is her status on her government ID, but then again I am no expert on the subject

[Merrytooth 5,748]

I do not think that is the case here, actually to the contrary she stated single as that is her status on her government ID, but then again I am no expert on the subject

Does she required to change her status on government ID if she is LEGALLY married in her country?

Bottom line, she knows she is still married, regardless what the government ID said.

Otherwise, she won't be filing for divorce now so that you can file I-129F.