Coming Back To Haunt ...

[MrEndicott 0]

13 years ago, my fiance permitted someone to list her on his visa application as her spouse. I presume that he asked her to do it to heighten his chances of being granted a visa to the US.

Flash forward to now. Our I-129F petition is approved and her package is sent to her. On the DS-156 it asks if she has "sought to assist others to obtain visa, entry into the us by fraud or willful misrepresentation". Clearly she must answer yes on this question.

Question, does anyone have a feel for what will happen? It was long ago, but that is no excuse. Are we likely headed for rejection .... then I-601 waiver? Does the I-601 Waiver stand a chance? (I know it depends on hardship).

Does anyone have any insight or are we really tilting at a windmill here?

Help! Thanks in advance

[Fandango 1,439]

not good

[amykathleen2005 441]

Lying is never a good idea. But did she provide him with any information to include her, or fill out anything, or make any such statements to a US immigration officer? In this case it is not the thought that counts. She needs to have DONE something illegal.

Edited March 7, 2011 by amykathleen2005

[Penguin_ie 5,994]

Lying is never a good idea. But did she provide him with any information to include her, or fill out anything, or make any such statements to a US immigration officer? In this case it is not the thought that counts. She needs to have DONE something illegal.

I agree, a lot will depend on what she actually did, ie did she talk to an immigration official, sign any documents etc? It may also come up that she lacks a divorce cert...

[VanessaTony 3,567]

13 years ago, my fiance permitted someone to list her on his visa application as her spouse. I presume that he asked her to do it to heighten his chances of being granted a visa to the US.

Flash forward to now. Our I-129F petition is approved and her package is sent to her. On the DS-156 it asks if she has "sought to assist others to obtain visa, entry into the us by fraud or willful misrepresentation". Clearly she must answer yes on this question.

Question, does anyone have a feel for what will happen? It was long ago, but that is no excuse. Are we likely headed for rejection .... then I-601 waiver? Does the I-601 Waiver stand a chance? (I know it depends on hardship).

Does anyone have any insight or are we really tilting at a windmill here?

Help! Thanks in advance

I agree with Amy. WHAT did she do? Did she sign anything? Did she talk to immigration officials (IO's)? Did she provide him with her birth certficiate? Or was just her name used?

See while she knows about it unless she signed something, or unless she spoke to IO's to confirm it or something then SHE didn't do anything illegal... the guy did. This is why it's very important to know EXACTLY what happened.

If it turns out she did more than just say to the guy "sure, whatever" and did in fact sign something or was involved in the lie then it becomes a material misrepresentation... which is a lifetime ban. So find out the full story.