Help!! B1 denied due to Fraudulent marriage

[dierathy 2]

Hi, I need help. I invited my mother in law to come to a celebration, I sent the invitation and when she whent to the interview they denied her because she got married in 1995 and the guy confess it was a fraudulent marriage... so now they told me that theres no way we could get a visa...

Has anyone been in this situation? Please help! I ask about a waiver and they said NO! why?

[katiemanny 64]

There's no waiver for Tourist visa, and if they say NO, then its NO, the only way to bring your mother to the US is by filling an immigrant visa plus a waiver of hardship I believe for the fraudulent marriage back in 1995.

[RICARDO4EVA2 194]

There's no waiver for Tourist visa, and if they say NO, then its NO, the only way to bring your mother to the US is by filling an immigrant visa plus a waiver of hardship I believe for the fraudulent marriage back in 1995.

correct the wife could petition for the mother when she's eligible. an appeal could be filed.

[katiemanny 64]

correct the wife could petition for the mother when she's eligible. an appeal could be filed.

If that appeal is base on the denied tourist visa, then I wouldn't recommend it. The CO already made it clear to the applicant that there's no way she's gonna get a visa. Appealing a CO's decision is a headache will little chance of success.

[Dakine10 5,452]

Hi, I need help. I invited my mother in law to come to a celebration, I sent the invitation and when she whent to the interview they denied her because she got married in 1995 and the guy confess it was a fraudulent marriage... so now they told me that theres no way we could get a visa...

Has anyone been in this situation? Please help! I ask about a waiver and they said NO! why?

Unfortunately, the information you have been given is correct. She is ineligible for a non immigrant visa and ineligible for a waiver which prevents her from getting an immigrant visa.

There's no waiver for Tourist visa, and if they say NO, then its NO, the only way to bring your mother to the US is by filling an immigrant visa plus a waiver of hardship I believe for the fraudulent marriage back in 1995.

For an immigrant visa by consular processing, the hardship waiver for cases of fraud can only be approved for spouses and children of USC's, not parents. If the parents were already in the USA they could adjust status (as immediate relatives) but since the waiver is not applicable they will not be able to enter.

[Harsh_77 716]

Unfortunately, the information you have been given is correct. She is ineligible for a non immigrant visa and ineligible for a waiver which prevents her from getting an immigrant visa.

For an immigrant visa by consular processing, the hardship waiver for cases of fraud can only be approved for spouses and children of USC's, not parents. If the parents were already in the USA they could adjust status (as immediate relatives) but since the waiver is not applicable they will not be able to enter.

Yep Dakine is correct waiver in case of MIL would not work, wavier is only for spouse and children.

Also to get wavier when it is clearly documented that she attempted to enter US based on fradulent marriage would be a difficult one.

[dierathy 2]

Thanks everybody... so.. theres no hope then... My husban is a resident here.... He can fill out a family petition with a waiver when he es elegible, then...

[LIFE'SJOURNEY 970]

No.

Yep Dakine is correct waiver in case of MIL would not work, wavier is only for spouse and children.

[Harsh_77 716]

Thanks everybody... so.. theres no hope then... My husban is a resident here.... He can fill out a family petition with a waiver when he es elegible, then...

She cannot visit US period, Even your husband becomes citizen.

CO has determined that she tried to enter US on fradulent basis - even when your husband becomes citizen he can only file wavier for his wife or children.

[RICARDO4EVA2 194]

Waiver wont work but try an appeal.

[katiemanny 64]

Waiver wont work but try an appeal.

On what basis, the CO denied her visa because of fraudulent marriage, so there's no basis for an appeal, the only way out is to prove that her previous marriage wasn't fraudulent and her ex husband confession was a lie which will be a nightmare to prove. CO has full discretion on their decision for Non-immigrant visa, so appealing that decision is almost impossible.

[jncsim 2]

A lawyer once told me, Once you have committed fraud of this nature it never goes away and you are permanently barred from the US

[Harsh_77 716]

A lawyer once told me, Once you have committed fraud of this nature it never goes away and you are permanently barred from the US

Yep in cases like this where they have one parties confession - it never goes off your file it stays.

And in no way is American CO responsible or accountable to prove that her ex lied so they would not spend anytime or money in proving her ex lied.

[Boiler 43,401]

B1 is a Business Visa.

He could try for an Immigrant Visa, different rules, could be v difficult.

[katiemanny 64]

B1 is a Business Visa.

He could try for an Immigrant Visa, different rules, could be v difficult.

There's no hope, unless she has a USC spouse that will file an immigrant visa on her behalf plus a waiver of hardship, but still there's possibility of being denied because of fraudulent attempt to immigrate to the US in her file.

Edited May 11, 2011 by katiemanny