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adherman

help! possibly inadmissible?

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Filed: Timeline

So my fiance and I sent in our i-129f petition in December but I just realized we may have a big problem though. I know that if one has ever lied or misrepresented himself to an immigration officer then he is inadmissible for immigration benefits. My fiance applied for a tourist visa a few years back in order to visit his father's friend who said that he could come see his father's friend's business and then if he wanted he could get the appropriate visa to stay and take over the business. I don't know exactly what was said in the interview except that my fiance claimed to be going to visit a friend and they determined that was false because my fiance did not know the last time his "friend" (who, in this culture really was his friend because it was his dad's friend) had visited Jordan (country of origin). I know when they asked when he last had visited my fiance just threw out a number that turned out to be incorrect. I don't know how much he lied or told the truth but I want to know what factors of this previous visa denial might be considered in our current fiance petition. If you have any direct knowledge of this please let me know. I got terrified when I realized he could be inadmissible.

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So my fiance and I sent in our i-129f petition in December but I just realized we may have a big problem though. I know that if one has ever lied or misrepresented himself to an immigration officer then he is inadmissible for immigration benefits. My fiance applied for a tourist visa a few years back in order to visit his father's friend who said that he could come see his father's friend's business and then if he wanted he could get the appropriate visa to stay and take over the business. I don't know exactly what was said in the interview except that my fiance claimed to be going to visit a friend and they determined that was false because my fiance did not know the last time his "friend" (who, in this culture really was his friend because it was his dad's friend) had visited Jordan (country of origin). I know when they asked when he last had visited my fiance just threw out a number that turned out to be incorrect. I don't know how much he lied or told the truth but I want to know what factors of this previous visa denial might be considered in our current fiance petition. If you have any direct knowledge of this please let me know. I got terrified when I realized he could be inadmissible.

Don't worry about what you don't know. You've already sent out your petition, and it will take months before you hear anything.

Take a deep breath...and don't worry smile.gif Just wait and see.

Best wishes on your Journey


XYlOm10.pngGSPYm10.png
AOS: 2012-12-28
NOA's x 2: 2012-01-04
Bio App: 2012-02-05 (Honolulu, HAWAII)
Upcoming AOS Interview (March 21) RESCHEDULED between March 28 - June 6
EAD/AP combo card: 2013-03-15
AOS interview: APRIL 16th approved
Green Card: April 25th 2013 - 2015

ROC: 2015-Jan-20
NOA: 2015-Jan-27

BIO Appt: 2015-Feb-24

Approved: 2015-May-26

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Filed: Citizen (apr) Country: Russia
Timeline

From your post it looks like your fiancé had made a false statement trying to secure a visa and he was caught. Lying about a fact that has a direct influence on visa issuance is called material misrepresentation. I think this what is going to happen. Assuming that you have done good job with assembling your I-129f package, your petition will be approved at Service Center and then it will be sent over to consulate in your fiancé's country . During visa interview they will denied K-1 visa due to previous misrepresentation. They will let him know if the waiver can be filed.

Waiver for misrepresentation is something that you can possibly do on our own but it's strongly advisable to get a help from an experienced attorney. I would suggest you checking immigrate2us.net There is a whole community dealing with waivers and stuff that comes along with waivers. You might want contacting a few attorneys recommended on that web site. Some of them will give you a free initial consultation. From what they will tell you, you will be able to assess your position and make knowledgeable decisions.

From my limited knowledge, misrep waivers are tough to get, but it's doable given that you manage your energy and resources into the right direction. Don't despair.


K1 Visa

I-129F Sent : 2012-02-03
US Entry : 2012-11-01


Adjustment of Status

I-485 sent : 2012-11-14
Interview : 2013-05-21

GC received: 2013-06-13

Removing conditions

I-751 Sent: 2015-03-02

Approval: 2015-12-11

GC received: 2015-12-21

Citizenship

N-400 sent: 2016-03-21

Interview: 2016-08-08

Oath: 2016-08-17

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Filed: Timeline

From your post it looks like your fiancé had made a false statement trying to secure a visa and he was caught. Lying about a fact that has a direct influence on visa issuance is called material misrepresentation. I think this what is going to happen. Assuming that you have done good job with assembling your I-129f package, your petition will be approved at Service Center and then it will be sent over to consulate in your fiancé's country . During visa interview they will denied K-1 visa due to previous misrepresentation. They will let him know if the waiver can be filed.

Waiver for misrepresentation is something that you can possibly do on our own but it's strongly advisable to get a help from an experienced attorney. I would suggest you checking immigrate2us.net There is a whole community dealing with waivers and stuff that comes along with waivers. You might want contacting a few attorneys recommended on that web site. Some of them will give you a free initial consultation. From what they will tell you, you will be able to assess your position and make knowledgeable decisions.

From my limited knowledge, misrep waivers are tough to get, but it's doable given that you manage your energy and resources into the right direction. Don't despair.

So I actually work in immigration, and decided to ask an adjudication officer today. He said it will be fine because he wouldn't have been found to be misrepresenting anything (because he wasn't) but he would have not established the reqs necessary for the tourist visa. He won't have any problems.

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