Ap to interview then Ap again --I'm shocked !

[Da & Ra 14]

Hello,

After waiting 5 month in AP, the embassy contacted my Fiance to set an intervew time and also called me to set a call time as the consular needs to talk to me. So while my Finace at his interview, the consular calls me. he started asking me if our relation is legitimate and my finace is not paying me for appliying for him and all that, I answered all question until he asked me

WHERE YOU AWARE THAT YOUR FINACE HAS BEEN MARRIED AND HAS 3 KIDS BEFORE?, i was shoked for a moment and i asked him to repeat what he asked, he goes, Your fiance submited information to the embassy before that he has been married to (here name and birthday) i felt i lost my words i didnt know what to answer him, i was shocked, i heavily answered his no, i was not aware and i did not know that. He said ok, you know you can be proscuted for false information, i said yes, i understand that, so we ended the call.

The CO went to my Fiance handling him a paper for another AP for 5 month and told him you have a bad history and we are done doing business with you today.

After my Finace left he called me complaing , first thing i asked, WHO IS (her name ) ? he was i dont know, i told him what the CO said, He sweared he has never been married before and do not have any kids and he submitted all proves to the embassy that he is single. He told me that he applied for visa before we even knew each other and who ever filled the application put this information and he did not know and did not pay attention to, so when he was intervied and the consular asked him, he told her he is not married and that information on the application is not true, so she refused him and closed the case. I asked him why you didnt tell me that before and we got into an argument about this.

When i applied for him i never knew all these information, all i knew he was deported and we filled all waivers and what ever embassy asked for. But now i feel that by hiding this im affraid he is hiding other things ( my trust has falled down)

I am really very confused now and do not know what to think, What will the embassy do? Will they take it as Fraud? Will they deny his visa and permenant bar him from entering USA? My finace explained to the Consular what happened that day but he didnt beleive him.

Any advice for us? please...

[TBoneTX 43,373]

The CO might have been asking you a false question in order to gauge your level of trust in your beneficiary.

[2far 185]

I would be extremely skeptical about his intentions. You guys have been trying to get this visa for at least 2 years now. There are clearly reasons why the embassy is not granting him a visa. Married with 3 kids? That's serious. And even if it is true that it was a lie on a previous visa application, why didn't he tell you about that application? What kind of visa was he applying for at that time?

Yes, I think the embassy will see this as fraud. I also see this as fraud. He has either lied to the embassy or lied to you. Either way, he will not be issued a visa.

[Da & Ra 14]

The CO might have been asking you a false question in order to gauge your level of trust in your beneficiary.

I thought about that but do you thing it will affect our case since it was not mentioned?

[Amhara 460]

I am confused on how you filled out the DS-160 for the finace visa. You need to put down any information on any previous visa applications, so it seems that this previous attempt was not included on this DS-160. Did you fill it out or did he?

I see two serious things: 1) He was deported and 2) he applied for another visa without telling you about that. The first thing is something you are comfortable, so no harm, no foul (that's not a problem). However, the second thing is a really big deal. Now let's say he's not married. He lied on a visa application. Really bad. It doesn't matter if he knew or not - he's responsible for this falsity. When anyone signs the DS-160, they are attesting that everything they provided is accurate.

Many people apply for a tourist visa claiming they have spouses and/or children at home whether or not they do. They do this because they feel that this will strengthen their case for the tourist visa. Sure, he may be a victim of one of those "visa guaranteed" agents, but those people are probably hired because the applicant wants the visa pretty badly. If he chose someone to prepare a tourist visa for him, he may have done so searching selling false hope and false applications. Do you want to marry someone like that?

I agree with T-B, too. It could be that they made some information up to see how you would react. However, having a name and DOB would be pretty jarring. The fact remains, even if the CO made this up, that your fiance applied for a visa without giving you this full information. Why didn't he tell you this? One would think he would have mentioned it before.

Take some time to think things through for the next few weeks. If you think it's worth pursuing, consult with a lawyer. In order for any immigration agency to go after you for fraud, they would need to proof intent, so don't be too afraid of that, especially if he hasn't sent you any money during your relationship. For him on the other hand, things don't look so good.

How many times have you visited him in his country? Have you met his family? Are you willing to relocate to Jordan or another country that he can get residency to? These are things you need to consider before calling it quits and also things that will protect you if you are investigated for submitting a fraudulent petition. (I don't think you did, but just in case.)

[Amhara 460]

He told me that he applied for visa before we even knew each other and who ever filled the application put this information and he did not know and did not pay attention to, so when he was interviewed and the consular asked him, he told her he is not married and that information on the application is not true, so she refused him and closed the case. I asked him why you didn't tell me that before and we got into an argument about this.

Btw, how did this turn into an argument? I could definitely understand your anger in this situation and him being frustrated too, but what does he have to fight back to you on? He did wrong, not you!

[Da & Ra 14]

I would be extremely skeptical about his intentions. You guys have been trying to get this visa for at least 2 years now. There are clearly reasons why the embassy is not granting him a visa. Married with 3 kids? That's serious. And even if it is true that it was a lie on a previous visa application, why didn't he tell you about that application? What kind of visa was he applying for at that time?

Yes, I think the embassy will see this as fraud. I also see this as fraud. He has either lied to the embassy or lied to you. Either way, he will not be issued a visa.

I am really very skeptical now and very upset about why he did not tell me, he said he applied for a K1, visitor visa, he told the consular at that time that info is not correct and she closed it. But the problem with the Fiance application where i said he did not apply for visa before( which i never knew back then) .. His case in AP til now so iam sure what will happen after..

Thanks for your reply

[2far 185]

I am really very skeptical now and very upset about why he did not tell me, he said he applied for a K1, visitor visa, he told the consular at that time that info is not correct and she closed it. But the problem with the Fiance application where i said he did not apply for visa before( which i never knew back then) .. His case in AP til now so iam sure what will happen after..

Thanks for your reply

I'm sorry to ask questions, but I'm confused. Did he have someone else apply for a K1 visa for him before you applied for a K1 visa for him?

How was he in the US the first time (when he was deported)?

[Da & Ra 14]

I am confused on how you filled out the DS-160 for the finace visa. You need to put down any information on any previous visa applications, so it seems that this previous attempt was not included on this DS-160. Did you fill it out or did he? the immigration services agent filled all the application based on info my fiance gave him. It was not put in the application that he applied for visa before ( we did not know then )

I see two serious things: 1) He was deported and 2) he applied for another visa without telling you about that. The first thing is something you are comfortable, so no harm, no foul (that's not a problem). However, the second thing is a really big deal. Now let's say he's not married. He lied on a visa application. Really bad. It doesn't matter if he knew or not - he's responsible for this falsity. When anyone signs the DS-160, they are attesting that everything they provided is accurate. you are right

Many people apply for a tourist visa claiming they have spouses and/or children at home whether or not they do. They do this because they feel that this will strengthen their case for the tourist visa. Sure, he may be a victim of one of those "visa guaranteed" agents, but those people are probably hired because the applicant wants the visa pretty badly. If he chose someone to prepare a tourist visa for him, he may have done so searching selling false hope and false applications. Do you want to marry someone like that? I do not know who he hired or what have happened and why.. i just knew all this yesterday..

I agree with T-B, too. It could be that they made some information up to see how you would react. However, having a name and DOB would be pretty jarring. The fact remains, even if the CO made this up, that your fiance applied for a visa without giving you this full information. . I felt the CO might trying to trick me in a way but when he said her name and DOB i was WHAT?? (in myself)..i told CO i did not know that. Why didn't he tell you this? One would think he would have mentioned it before? He never did tell me and that's why i was arguing with him about it as i know this will be a big problem not only from him leing to me or hiding important info but also the most important hiding that thing from Embassy,

Take some time to think things through for the next few weeks. If you think it's worth pursuing, consult with a lawyer. In order for any immigration agency to go after you for fraud, they would need to proof intent, so don't be too afraid of that, especially if he hasn't sent you any money during your relationship. For him on the other hand, things don't look so good. I contacted my lawyer yesterday and he told me most likely they will not issue him a visa.

How many times have you visited him in his country? Have you met his family? Are you willing to relocate to Jordan or another country that he can get residency to? These are things you need to consider before calling it quits and also things that will protect you if you are investigated for submitting a fraudulent petition. (I don't think you did, but just in case.) I visted him 2 times , one last year and one this year, i never noticed anything different than he told me, he is very nice, loving , caring, I love him very much and cannt call it quit that easy. He offered me to relocate and marry in Jordan incase things went to bad, he has been apoligizing and sorrying all this 2 days, he's so much affraid he will lose me. I am just overwhelemed now.

[Da & Ra 14]

I'm sorry to ask questions, but I'm confused. Did he have someone else apply for a K1 visa for him before you applied for a K1 visa for him?

How was he in the US the first time (when he was deported)?

He entered without inspection , He has someone fill up the application to visit .

[Amhara 460]

Yeah, Da/Ra, I feel so sad for you. I"m sorry. I am angry with him.

This is what I think will happen:

1. Your visa application will get denied for misrepresentation,
2. You may have a Criminal Investigator contact you if they pursue fraud on you part. If that happens, it's up to you if you speak with them or hire a lawyer to do so. Answer everything honestly and provide all information they ask within the time frame they ask for it by, and you should be okay. If there is nothing there, they will drop the case. Remember, there is NO GUARANTEE that a fraud investigation will be pursued, so don't even worry about this at all.
3. You will need to start all over again - only with a marriage, more waivers and you proving that if he does not live in US, you are under a severe hardship.

This is what I think you should do:

1. Take some time for yourself.
2. If you want to keep the relationship going, plan for another trip several months down the road.
3. If you two marry, marry after a few trips together. If he tries to push you into petitioning faster, be very cautious.
4. While on a visit, look into how you would start a life there. What kind of job(s) can you do? How much would you earn? Could you two have a decent life together?
5. Look into what you need to do to get a Jordanian visa. Can you get one without marriage to him or will it depend on marriage with him?
6. Ensure you have savings to be able to leave in a pinch if you decide to move there. You can live a good, modest life on your earnings there, but make sure if you needed to come back, you have a comma in the bank account that will let you do so.

I would suggest moving forward slowly. If he is fighting the idea of you moving to Jordan with him, my suggestions above would change completely. I would love to see you be able to move to Jordan independently, get a small place and keep a chaste engagement (none of my business of course) while you decide when you two are ready to marry. Then live happily ever after.

If you can't do the second list, then and only then pursue the US spousal visa. You will still face a rejection, but then you will have proof that you can't move to Jordan. "Because I don't want to" is not a hardship, of course. Then, at this point, you will know, without a doubt, what this guy is about and where he fits in your life.

[Da & Ra 14]

Yeah, Da/Ra, I feel so sad for you. I"m sorry. I am angry with him.

This is what I think will happen:

1. Your visa application will get denied for misrepresentation,
2. You may have a Criminal Investigator contact you if they pursue fraud on you part. If that happens, it's up to you if you speak with them or hire a lawyer to do so. Answer everything honestly and provide all information they ask within the time frame they ask for it by, and you should be okay. If there is nothing there, they will drop the case. Remember, there is NO GUARANTEE that a fraud investigation will be pursued, so don't even worry about this at all.
3. You will need to start all over again - only with a marriage, more waivers and you proving that if he does not live in US, you are under a severe hardship.

This is what I think you should do:

1. Take some time for yourself.
2. If you want to keep the relationship going, plan for another trip several months down the road.
3. If you two marry, marry after a few trips together. If he tries to push you into petitioning faster, be very cautious.
4. While on a visit, look into how you would start a life there. What kind of job(s) can you do? How much would you earn? Could you two have a decent life together?
5. Look into what you need to do to get a Jordanian visa. Can you get one without marriage to him or will it depend on marriage with him?
6. Ensure you have savings to be able to leave in a pinch if you decide to move there. You can live a good, modest life on your earnings there, but make sure if you needed to come back, you have a comma in the bank account that will let you do so.

I would suggest moving forward slowly. If he is fighting the idea of you moving to Jordan with him, my suggestions above would change completely. I would love to see you be able to move to Jordan independently, get a small place and keep a chaste engagement (none of my business of course) while you decide when you two are ready to marry. Then live happily ever after.

If you can't do the second list, then and only then pursue the US spousal visa. You will still face a rejection, but then you will have proof that you can't move to Jordan. "Because I don't want to" is not a hardship, of course. Then, at this point, you will know, without a doubt, what this guy is about and where he fits in your life.

Thank you so much for taking the time to write all this to me, you are very kind.. Its hard for me to move becasue i have everything here, my mom, kids, family, house, job, all my life here..

Do you think i should wait until i hear from them as the case still in AP?

If i decide to marry him and reapply for spousal visa, will they reject him for mispresentation again?

[Amhara 460]

Do you think i should wait until i hear from them as the case still in AP?

If i decide to marry him and reapply for spousal visa, will they reject him for misrepresentation again?

Yeah, I think you should wait. See what they will do. They may turn and reconsider. What if T-Bone is right and that info wasn't on the first petition at all? But if they refuse the fiance visa, you won't have any appeal rights. Let them do what they will do.

if they reject the fiance visa for representation, they will probably reject the spousal visa for the same reason. But in that case, you can move forward with an appeal. That is a sticky process and there are some threads about that process. I'm ignorant about that process, but many in our wonderful VJ community can give you guidance about what happened to them. Search them out and send them private messages.

If you can't prove hardship that you can't live in Jordan, your only way may be the NOIR appeal. That's the thing I don't know about. Consider how old your children are and any custody arrangements you have. They will come into play with your spousal visa petition fight.

I don't suggest getting married and filing for the visa too soon. But you may want to make sure you get married at a Jordanian office. See if they have any option or form that specifies he has no prior marriages. That may help the visa case in some way. it would tell the CO that you are not trying to circumvent any immigration laws and are not in a polygamous relationship.

[LionessDeon 2,060]

I thought about that but do you thing it will affect our case since it was not mentioned?

If it was a false question to test your level of trust how could it be mentioned? if it didn't happen how could you possibly mention it?

However, I think later posts state your fiance did admit someone filed for him prior to you. What I do not understand (and I've seen this before) is why does the embassy allow people to file waivers for overstays, illegal entry, misrep, etc. and then at the second interview say "oh well now your refused because you were married previously and did not list that" "or someone filed for you before and your did not list that on your DS1160" or whatever the case may be. Why didn't they say that at the first interview?? You can't tell me they just now figured it out.

[Shauna&Wael 211]

It's one thing to continually ask if he's been married and has kids before, but to outright say for a fact that he has seems illegal if it's not true? Are consular officers allowed to lie as a tactic? That doesn't seem right. Also this story doesn't add up. Please include full details in the first post instead of making people fish for them to give the right advice. It's incredibly annoying.