Got denied on my interview b'coz of not having my decision yet at the court from my previous marriage

[payxibka 10,044]

We don't know exactly what was on the I-129F, only that the marital status was misrepresented in sections 6 and 10 of the I-129F as well as in the letter(s) of intent. Otherwise the petition would never have been approved.

True, and that is why no "boxes" are to be left blank. Negligent omission of pertinent fact ,when this information is specifically requested, is or could be easily classified as misrepresentation. Ignorance of the law is never a defense.

Misrepresentation defined:

an intentionally or sometimes negligently false representation made verbally, by conduct, or sometimes by nondisclosure or concealment and often for the purpose of deceiving, defrauding, or causing another to rely on it detrimentally.

In the end, it is not for us to decide, but the authorities whose job it is to administer US immigration law.

Edited February 6, 2009 by payxibka

[honey143 0]

Yes, we had to go through the whole annulment because it is the law in the philippines that once u have a record even if it's not true or not, u still have to process it in the court. in our case, it was not a big issues because the priest was our witness and the so called woman was no where to be found which just tells us more that it is a case of identity use. and YES we waited for about 1 yr for the annulment. so if u count the time from the K1 filing to the K3 visa issuance--it's about 3 1/2 yrs.

and yes, the background checks for the beneficiary is done at his/her country. there is no way of the US to check the marriage records of everyone in the world, that is why u have an interview at the beneficiary's country. yes, they can check criminal background check in the US so if the beneficiary has not been in the US, then of course, the result is negative. the approval here at the USCIS is only base on the papers that you hand in so if u hand in stating that u are free to marry then they assume that is correct. we don't even have a central record in the US for marriage or divorce so how do u think the USCIS can check other countries. that is why they have an interview and docs to prove relationship at the benficiary's country.

[faryan 4]

We don't know exactly what was on the I-129F, only that the marital status was misrepresented in sections 6 and 10 of the I-129F as well as in the letter(s) of intent. Otherwise the petition would never have been approved.

True, and that is why no "boxes" are to be left blank. Negligent omission of pertinent fact ,when this information is specifically requested, is or could be easily classified as misrepresentation. Ignorance of the law is never a defense.

Misrepresentation defined:

an intentionally or sometimes negligently false representation made verbally, by conduct, or sometimes by nondisclosure or concealment and often for the purpose of deceiving, defrauding, or causing another to rely on it detrimentally.

In the end, it is not for us to decide, but the authorities whose job it is to administer US immigration law.

[cdneh 3,112]

If the boxes were left blank, and nothing at all entered, would this not have been sent back with an RFE?

[pushbrk 12,222]

If the boxes were left blank, and nothing at all entered, would this not have been sent back with an RFE?

Maybe but that's just section 6. Section 10, the letters of intent and the visa applications themselves were all misrepresented in this case.

[cdneh 3,112]

If the boxes were left blank, and nothing at all entered, would this not have been sent back with an RFE?

Maybe but that's just section 6. Section 10, the letters of intent and the visa applications themselves were all misrepresented in this case.

Wow... Other than a lifetime ban, I wonder what the penalty for that is.

[pushbrk 12,222]

If the boxes were left blank, and nothing at all entered, would this not have been sent back with an RFE?

Maybe but that's just section 6. Section 10, the letters of intent and the visa applications themselves were all misrepresented in this case.

Wow... Other than a lifetime ban, I wonder what the penalty for that is.

I don't know if we prosecute the petitioner for this kind of thing but US Citizens certainly do get arrested for visa fraud. I doubt that would happen in this case.

[cdneh 3,112]

If the boxes were left blank, and nothing at all entered, would this not have been sent back with an RFE?

Maybe but that's just section 6. Section 10, the letters of intent and the visa applications themselves were all misrepresented in this case.

Wow... Other than a lifetime ban, I wonder what the penalty for that is.

I don't know if we prosecute the petitioner for this kind of thing but US Citizens certainly do get arrested for visa fraud. I doubt that would happen in this case.

Thanks for that, I know very little indeed about it. I suppose at least if he is not arrested he can go there. All the same...how incredibly foolish a thing to do.

[payxibka 10,044]

Signature block of I-129F

Part D. Penalties, certification and petitioner's signature.

PENALTIES: You may by law be imprisoned for not more than five years, or fined $250,000, or both, for entering into a marriage contract for the purpose of evading any provision of the immigration laws, and you may be fined up to $10,000 or imprisoned up to five years, or both, for knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.

YOUR CERTIFICATION: I am legally able to and intend to marry my alien fiancé(e) within 90 days of his or her arrival in the United States. I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit that I am seeking.

From the Instructions to the I-129F:

If you knowingly and willfully falsify or conceal a material fact or submit a false document with this Form I-129F, we will deny the Form I-129F and may deny any other immigration benefit.

In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.

Obviously the US government has the ability to prosecute and the penalties, if they so choose, are harsh.

Edited February 6, 2009 by payxibka

[gracies 0]

[/size]First of all i just wanna say hello to anyone there! i just really need your opinion right now,

i am not lucky like the usually people who got there chance to have a visa...

My Problem is i have my previous marriage before and now i am waiting for my decisions to come this month... But the woman in consul whose interviewing me today she's was denying my papers... she never give me a consideration to wait my decision this month...

So i just wanna know what is the best way that i can do once i received my decision..b'coz the embassy didnt give me an instruction to what i do then

if ever i have my decision from the court... if am i going to apply for new application for petition? or am i going to send the copy of my decision to the USCIS or Appealing for my case.... they we're just told me once my previous marriage not terminated they will never give me a visa thats it...and returned my passport, so no clue about any instruction..

My boyfriend and i we both deppresed about this things happen to us..please kindly give us some advise ..ill wait for your kindly feedback and reply

Godbless all!!

thank you..

MadzandCarl

I agree with everybody else....there is no way you will be granted a visa without terminating your previous marriage. Pls. don't appeal..just start all over again.

[pushbrk 12,222]

[/size]First of all i just wanna say hello to anyone there! i just really need your opinion right now,

i am not lucky like the usually people who got there chance to have a visa...

My Problem is i have my previous marriage before and now i am waiting for my decisions to come this month... But the woman in consul whose interviewing me today she's was denying my papers... she never give me a consideration to wait my decision this month...

So i just wanna know what is the best way that i can do once i received my decision..b'coz the embassy didnt give me an instruction to what i do then

if ever i have my decision from the court... if am i going to apply for new application for petition? or am i going to send the copy of my decision to the USCIS or Appealing for my case.... they we're just told me once my previous marriage not terminated they will never give me a visa thats it...and returned my passport, so no clue about any instruction..

My boyfriend and i we both deppresed about this things happen to us..please kindly give us some advise ..ill wait for your kindly feedback and reply

Godbless all!!

thank you..

MadzandCarl

I agree with everybody else....there is no way you will be granted a visa without terminating your previous marriage. Pls. don't appeal..just start all over again.

Actually that doesn't agree with everybody else. Unfortunately, when you lie, they don't give you another chance. They may even put the US Citizen in jail and ban the foreign beneficiary for life. USCIS takes lying very seriously.

[jom 4]

i was expecting on to have my annulment decree before my interview but then just got have small problem waiting for my decisions i supposed to have my decision last month..but the judge got sick she can't do her work for releasing the decisions...

They approved my application for petition... by NVC.. but the embassy embassy give me headache..

b'coz the consular woman didnt give me help of instructio to what i can do then...

so no idea if ever i have my annulment decree but im clue less about what is the best thing i can do...

So someone told me to apply for another application for petition include my annulment decree right...and i think they we're never looking for any evidences.. so i was just asking is it ok if i file my new application next month? or i need to wait 6 months?

Please give me an answer

Time is of the essence here because you must be legally free to marry AT THE TIME OF FILING THE PETITION.

I dont want to sound harsh but you and your fiance should have read and researched more about the whole process before filing the petition.

[Ju&Ja 1]

I agree with the lifetime ban and stuff, it is what will happen. But why you guys are staying in here giving advices ? This girl doesn't even reply or check this thread anymore

[Loolie 56]

I agree with the lifetime ban and stuff, it is what will happen. But why you guys are staying in here giving advices ? This girl doesn't even reply or check this thread anymore

it is still 6:30am in the philippines now..thats why maybe shes not replying.

[Ban Hammer 12,876]

it looks like the gang is all here