Jump to content
Sign in to follow this  
SMT

K1 Visa and possible misrepresentation of material fact

5 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: India
Timeline

Hi Iam an Indian Citizen and hold a B1/B2 M/E Visa for 10 years. MY Fiancee is an american Citizen by Naturalisation and indian origin. I have a K1 visa coming up shortly at US consulate in India. we both are legally divorced and I have never overstayed any time. My question is,

1. We have a child born out of wedlock in USA and our daughter is american citizen by birth. We didnt have any engagement ceremony either, as we wanted to keep things simple and private but our families know our situation and they accepted and support us. Its very Unusual and very rare to have a child born out of wedlock in Indian traditions and customs. Will the consular officer feel that we are hiding a marriage and give us a212 (6) (a) even when we didnt have an engagement ceremony.

2. Will he issue us a 212 (6) (a) just because he believes it even though there is no documentary evidence for CO to prove a material misrepresentation.

3. If at all if he issues it how should we apply for a waiver.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline
Hi Iam an Indian Citizen and hold a B1/B2 M/E Visa for 10 years. MY Fiancee is an american Citizen by Naturalisation and indian origin. I have a K1 visa coming up shortly at US consulate in India. we both are legally divorced and I have never overstayed any time. My question is,

1. We have a child born out of wedlock in USA and our daughter is american citizen by birth. We didnt have any engagement ceremony either, as we wanted to keep things simple and private but our families know our situation and they accepted and support us. Its very Unusual and very rare to have a child born out of wedlock in Indian traditions and customs. Will the consular officer feel that we are hiding a marriage and give us a212 (6) (a) even when we didnt have an engagement ceremony.

2. Will he issue us a 212 (6) (a) just because he believes it even though there is no documentary evidence for CO to prove a material misrepresentation.

3. If at all if he issues it how should we apply for a waiver.

3) I do not think a waiver for misrepresentation is possible


YMMV

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ukraine
Timeline
Hi Iam an Indian Citizen and hold a B1/B2 M/E Visa for 10 years. MY Fiancee is an american Citizen by Naturalisation and indian origin. I have a K1 visa coming up shortly at US consulate in India. we both are legally divorced and I have never overstayed any time. My question is,

1. We have a child born out of wedlock in USA and our daughter is american citizen by birth. We didnt have any engagement ceremony either, as we wanted to keep things simple and private but our families know our situation and they accepted and support us. Its very Unusual and very rare to have a child born out of wedlock in Indian traditions and customs. Will the consular officer feel that we are hiding a marriage and give us a212 (6) (a) even when we didnt have an engagement ceremony.

2. Will he issue us a 212 (6) (a) just because he believes it even though there is no documentary evidence for CO to prove a material misrepresentation.

3. If at all if he issues it how should we apply for a waiver.

Are you married? If not, what are worried about? Out of wedlock child birth is common in the USA 9Where you have been living) and a source of income for a large number of welfare mommas.

Waiver for what? If you are married and didn't say so and applied for a K-1, it is visa fraud, there is no waiver for visa fraud (wouldn't THAT be a hoot?) If you are not married, there is no material misrepresentation.


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: India
Timeline

The only way I could see this not working out is if they ask you for pictures of the engagement ceremony and you don't have any. Or if you say that you didn't have any engagement ceremony. That might be a problem since you're petitioning for your FIANCEE. Not your lover, girlfriend, or partner. Not even the mother of your child. Fiancee in this sense, means something.

Somebody please feel free to correct me if I am wrong.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Egypt
Timeline

i dont think that they are going to think that your married just because of child born out of wedlock......things happen people are human......

the biggest issue at the embassy is proving u have a real relationship .........having a child together does not mean that they will see that as an on going relationship....that has to be done with pics of u together, emails, chat records phone records.......statement from both sides of parents about the engagement.........

good luck

sara

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...