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Help! Tourist Visa Cancelled

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Filed: F-2A Visa Country: Philippines
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Hello everyone!

I have been reading the topics in this forum but I haven't come across the same situation as I have. Here it goes, and please point me into the right direction. I'm about to lose my mind!

I have a bf (now husband) in the US and he is an LPR. We were both from the same country and we have known each other since 2000. We have been in a relationship since 2007.

When he migrated to the US, things became harder and we somewhat broke up for a few months last year. During that time, I decided to apply for a US visa. There is a question there if I knew someone in the US. In all honesty, I don't know people in a personal level - I got my colleagues but I doubt they will be willing to give their personal information so I can write it down in my form. I also have relatives that are on the nth degree and I haven't even met them. In that point I was confused if - should I write the names of these people down? Also, I didn't write my then ex bf information because I dont think that it was appropriate.

So interview date came, they asked me all the information, and of course they asked if I knew someone in the US. I said - no, because I believe that knowing these people's names (colleagues and nth degree cousins etc) are not enough for me to declare that i know someone from the US. Fortunately, they approved my visa. I was given 1 year multiple entry visa.

After a few months, me and my bf started talking again, but we havent really regained the relationship. So I went ahead and travelled to the US at the end of October, I booked a return ticket, just for 2 weeks, and even booked a hostel in NYC. I was admitted by the officer and to my surprise, there he was, my bf, waiting for me outside. So then I decided to stay with him at his apartment and while we were traveling, he popped the question. Course I said Yes.

So the rest is history. We got married, I ended up staying for the holidays, visiting places and shopping. BTW i was given a 6 month entry at the POE. I went back after 3 months of staying in the US.

After a month of departing the US, I got an email from the embassy asking me to drop by for a re-interview. I was nervous as hell.

The officer asked me how long I stayed in the US, and what I did. So I said I got married - then the discussion started. He even made me write an affidavit about me, my marriage and my husband. It was a stressful talk, and he ended up canceling my visa ( i still have a few months left, was planning to go again this July for my bday). Anyway, I am confused because he was saying something about misrepresentation. In my understanding and what I read about in this forum, is to give false information in order to get a visa. I tried my best to give out all the information needed during my visa application, and he kept on saying that I have a bf in the US and I put in the application that I do not know anyone. How am I supposed to put in the information of my then ex-bf? I dont think that will be appropriate, and I also did not intend to stay with him. Everything that happened in my stay in the US was spur of the moment (but we are still both happy). Also, he said that I put in the application form that I only intend to stay for 2 weeks, and I ended up 3 months. So I guess the thing is - the itinerary that was written down in the application form is supposed to be followed, word for word.

Also, the officer was mentioning something like ineligibility for admission but he said he will let me know about it if there is a bar on me - but he gave me a form about 214 - which is about not being able to establish ties to home country. If I violated 214, then why did i come back? Then quoting him regarding misrepresentation, I said that during the visa application, me and my bf broke up, but he didnt want me to write it in the affidavit. he said that I can say that to the officer that will do my next interview should i decide to apply for a new visa. He also said that I am welcome to apply for a new B1/B2.

Anyway, Im just saddened by what happened, despite of all the honesty, this thing happened.

Should I try to apply for a new visa? or will that agitate them and give me a bar instead? Any thoughts will be appreciated.

Thanks in advance.

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Filed: F-2A Visa Country: Philippines
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Well, I'm sorry but having an ex-bf in the US is knowing someone in the US. So you lied on your tourist visa application form by saying you didn't know anyone there. Had you told the truth, your tourist visa might not have been granted, which makes this lie material misrepresentation.

This is going to cause you trouble in the future, as in, you'll probably never be able to get a visa to the US now.

They don't care about "appropriate" or "we had broken up" or any of the excuses you are trying to find, there was a simple yes/no question and you decided not to give a truthful answer, I'm afraid you're now facing the consequences.

The number one rule is NEVER lie to a consular officer or on an application form.

Thanks Laure & Colin for your reply!

Im being pretty sensitive today (with your response i feel like im a monster for saying a No to a question that was supposed to be answered with Yes) actually I did not lie (deliberately). I am not aware that I should put on a person's contact information even if that person does not speak to me at that moment. If I knew that I should, then I would have written it in the form. really. I do not know what happens - what if they call that person and he does not entertain them? I did not intend to stay with him in the first place, so why involve him? that was the reason in my head, thats why i chose the No answer. If I chose Yes - then might as well ill just put all the information of my nth degree family members that I have not even met.

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Filed: Citizen (apr) Country: Poland
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Applying for a new tourist visa does not make sense unless you really want to spend the money - you will never ever get one again. Being, I would really hope you did not get a bar for misrepresentation - that one is for lifetime and you husband may need to move back to your country in this case..

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Filed: F-2A Visa Country: Philippines
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Applying for a new tourist visa does not make sense unless you really want to spend the money - you will never ever get one again. Being, I would really hope you did not get a bar for misrepresentation - that one is for lifetime and you husband may need to move back to your country in this case..

Hi Kzielu

Thanks for your response - I was given a paper and it says something about 214(b). The officer mentioned about ineligibility but he said he will let me know. but when I asked him if I can re-appy, and he said, yes.

All i got is a cancelled stamp on my visa and a letter about that 214. how else will i know what is the documentation for the cancellation of my visa?

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Filed: Citizen (pnd) Country: France
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Thanks Laure & Colin for your reply!

Im being pretty sensitive today (with your response i feel like im a monster for saying a No to a question that was supposed to be answered with Yes) actually I did not lie (deliberately). I am not aware that I should put on a person's contact information even if that person does not speak to me at that moment. If I knew that I should, then I would have written it in the form. really. I do not know what happens - what if they call that person and he does not entertain them? I did not intend to stay with him in the first place, so why involve him? that was the reason in my head, thats why i chose the No answer. If I chose Yes - then might as well ill just put all the information of my nth degree family members that I have not even met.

You're not a monster, you just made a wrong decision, probably not realizing what the consequences would be.

You're digging too deep into that question. They just asked if you KNOW someone, the rest (speaking or not, staying with them or not) is irrelevant. It's a very basic question, and the answer was obviously yes.

If you had any doubts on who you should include as people you "know" then you should have asked the CO during your first interview.

The fact you thought "why involve him?", shows that you were very aware you might need to mention him, but you decided not to. Lying by omission is still lying, and unfortunately that should make you inadmissible for life because of material misrepresentation.

Now you're always free to apply for a new visa. Nobody can stop you from applying. It doesn't mean there's any chance that it will be granted.

I know that waivers exist for misrepresentation but I'm not very familiar with them. Maybe you could apply for a spousal visa if you want to join your husband in the US, but since he's an LPR and not a citizen, you're in for a long wait, and the misrep would still come bite you in the butt at the final interview.

CR1 Visa

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Filed: K-1 Visa Country: Wales
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Anybody can apply for a Tourist Visa. And they can apply as often as they like.

Your chances of ever getting one are slim to non existent with that history.

Manila is difficult at best being a high fraud Consulate.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: F-2A Visa Country: Philippines
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thanks!

do i need a waiver even if it was cancelled under 214 (b) i looked into the embassy site and there are no waivers for that. and that is the standard refusal for unable to demonstrate ties etc.. (just askin...)

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Filed: Citizen (apr) Country: Poland
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thanks!

do i need a waiver even if it was cancelled under 214 (b) i looked into the embassy site and there are no waivers for that. and that is the standard refusal for unable to demonstrate ties etc.. (just askin...)

Your problem is - you have no formal ban that would prevent you from getting tourist visa, therefore you can't file any waivers. However, since issuing a B-1/B-2 visa is purely up to discretion of CO, with the history that you have (potential misreprentation, cancelled visa, husband being LPR of US) you will always get denied for immigration intent and lack of ties to home country - that does not prevent you from trying, just realize that's where you are.

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Filed: IR-1/CR-1 Visa Country: India
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I don’t think you did anything wrong, no one is expected to write about the ex-bf on the visa application.

Unfortunately for you the event that took place show the other way, like no one would go from ex-bf to getting married. (not atleast logically)

So CO can assume you had the ongoing relation and you lied on the application and part could be related to the country of your application as well, in past when ppl have mis-used the visa and violated visa terms basically CO would put all the applicants in the same bucket.

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Filed: K-1 Visa Country: Wales
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At least they are from the same country so there will be no separation issues.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: India
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The question on the tourist visa application was not "do you have an ongoing relationship with someone?" but "do you KNOW someone?" So YES, you are expected to list your ex-bf and other people you KNOW. Not doing it is misrepresenting the facts.

The exact question on DS-160 is "Do you have an immediate relative in US" - unfortunately ex-bf would not be considered immediate relative.

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Filed: K-1 Visa Country: Wales
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The exact question on DS-160 is "Do you have an immediate relative in US" - unfortunately ex-bf would not be considered immediate relative.

Yep.

But she would probably have been asked who she was visiting.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (pnd) Country: France
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The exact question on DS-160 is "Do you have an immediate relative in US" - unfortunately ex-bf would not be considered immediate relative.

OK, it's very different! Then no, you don't have to mention a bf on the form. I suppose however that "do you know someone" is a question the CO asked at the initial interview, and he's basing the misrepresentation claim on that.

CR1 Visa

USCIS STAGE: 16 days No expedite request but USC residing abroad
NVC STAGE: 19 days from case # to case complete
EMBASSY STAGE
03/27/12: interview - APPROVED
04/12/12: POE San Diego

ROC
12/19/14: received reminder letter from USCIS to file for ROC
01/15/14: sent I-751 application

05/14/14: received card production notification by e-mail, approval date 05/13

Naturalization

02/01/24: N-400 submitted online; Biometrics reuse notice received immediately online; "case being actively reviewed" after a couple hours

02/09/24: received NOA1 by mail

02/10/24: received biometrics reuse notice by mail

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