Will my B2 visa misrepresentation 2.5 years ago affect our CR1 application?

[gravity86 0]

Hello,

Two plus years ago I applied for a tourist visa to visit my girlfriend in USA. The VO asked me what was the purpose of my visit, what I did for a living and who I was visiting. I did not say that she was my girlfriend, just gave her name. Then he asked what she did for a living (graphic designer), how we met (online), how long we had known each other (9 months). I could feel that the VO was focusing only on my (girl)friend as the questions kept on coming and I was being truthful all the way up to his last question.

He asked me "is she your girlfriend?" This is when I got nervous and said, "No, she is married."

I was afraid that if I told the VO that she is my girlfriend, their files would show her currently being legally married (though separated) to someone else and that her having a boyfriend would bring her legal problems back in States. I was nervous and tried to make the best possible decision under the circumstances.

I was denied the B2 visa and the subsequent B2 application as well. We decided to keep seeing each other when she visited me and I thought I'd reapply in a few years, once I had established myself in India (career, house etc.). We put the B2 application issue aside as at the time we had no plans on getting married or pursuing a life together, however that changed this year and we have decided to get married and apply for a CR1 visa.

I did not go in to the embassy planning on misrepresenting anything, however I walked out doing just that because I was scared of getting my girlfriend in trouble. At the time, we just wanted to see each other, nothing more.

Please go easy on me, I am truly trying to do the right thing and could use some advice. Yes, if asked I will only tell the truth from now on, but I cannot change the past. Needles to say, it was not one of my best moments.

Will this cause something horrendous in our CR1 application? Is there any way of remedying it, such as explaining all this to the CO?

Thank you all in advance for your help.

P.S: My GF was separated when we met. Her ex is an American. She has has never petitioned anyone before. Anything else, just ask away.

[Ezy_and_Oghene 10]

That is a very good question!

[Ra&Re 21]

You probably won't meet the same CO but you might be asked: Why did you apply for tourist visa before? and why were you denied? if you still remember what you told the CO back then you should give them the same answer. If they don't ask you if she was married when you met do NOT volunteer information, the shorter the interview the higher chances of being approved

[Georgia16 2,858]

Her name will be in the system.

But from what you wrote then she WAS married just separated but not divorced yet??

[KierenHby 897]

Depends on the reason for your B2 denial(s); lack of ties (no impact), or misrepresentation (potential issue)?

[Unlockable 7,306]

It COULD be used against you at the CO's discretion. Be prepared for it to come up. If not, then good for you.

[Ebunoluwa 6,136]

The truth is she was still married just separated. The lie was you saying she is not your girlfriend.

It will come up in the interview I believe. Answer truthfully. Only you know when your relationship grew from friendship

to another level and exactly when she became your girlfriend.

[gravity86 0]

Thank you Ra&Re!

You probably won't meet the same CO but you might be asked: Why did you apply for tourist visa before? and why were you denied? if you still remember what you told the CO back then you should give them the same answer. If they don't ask you if she was married when you met do NOT volunteer information, the shorter the interview the higher chances of being approved

I do remember the conversation with the CO. I will only answer what I am asked, however this time around I cannot tell the CO that she was not my GF back then, because the reality is that we were. On the CR1 application, we will document this fact (that we were seeing each other prior to my B2 visa), so I won't be able to give the CO the same answer unfortunately.

I will tell the truth no matter what is asked, that is the best I can do from now on.

[gravity86 0]

Hello KierenHby,

I was told by the COs that it was the lack of ties (my age and the fact that I am in between jobs) and to re-apply when my situation changes.

Depends on the reason for your B2 denial(s); lack of ties (no impact), or misrepresentation (potential issue)?

Edited November 3, 2016 by gravity86

[gravity86 0]

Thank you Ebunoluwa!

The truth is she was still married just separated. The lie was you saying she is not your girlfriend.

It will come up in the interview I believe. Answer truthfully. Only you know when your relationship grew from friendship

to another level and exactly when she became your girlfriend.

Yes, that was my only slip.

I have to be honest about the whole thing going forward, so I will fess up to this "faux pas" if asked by the CO. I cannot deny the facts as our relationship timeline clearly shows that we were in fact a couple (gf/bf) prior to my B2 applications.

[f f 725]

there is nothing legally wrong with dating a married woman, some cultures do look down upon it though. they know you two were at least talking to each other before her divorce was finalized since they have all of the dates. besides the difference between a friend who happens to be female and a girlfriend is ones own personal preference. just be open and honest with the CO and I would think it would go ok. besides it is just another thing to add to your list of evidence you are in a relationship that a failed visa application Wil not keep you two apart.

[Anitafeliz 1,133]

Not sure if they will ask when relationship began....

I was it seems to be a routine question for k1 but for cr1 not sure since its a marriage vs engaged to marry.

[NYCruiser 423]

Thank you Ra&Re!

I do remember the conversation with the CO. I will only answer what I am asked, however this time around I cannot tell the CO that she was not my GF back then, because the reality is that we were. On the CR1 application, we will document this fact (that we were seeing each other prior to my B2 visa), so I won't be able to give the CO the same answer unfortunately.

I will tell the truth no matter what is asked, that is the best I can do from now on.

I think it will be semantics. Since she was married, how can she be someone's girlfriend? My fiance was refused a B2 three times in two years for 'no ties' not making enough money in his home country. His home country does not approve of same sex relationships and infact downright violent about it. So he was correct in not disclosing that at his B2 interview. The refusals never came up in his K1 visa interview. Hope this helps

[IcezMan_IcezLady 582]

Consistency is the key!

Going there to change your story will not earn you any brownie points. I can bet my solo cup on that, you will denied should you change your story.

Be consistent with whatever story you tell.

[gravity86 0]

Consistency is the key!

Going there to change your story will not earn you any brownie points. I can bet my solo cup on that, you will denied should you change your story.

Be consistent with whatever story you tell.

Thanks IcezMan.

I told the CO that she was a friend and that I was going to the States to visit *her*. No matter how it looks, I will not lie again, hence I will have to mention that the only reason I responded with a "no" to his girlfriend question was due to the fear that it would cause her legal issues.

If my intentions were nefarious, I would not have even mentioned her. I would have used one of my college friends' (or a friend of a friends) name. I might not be able to change the past, but I can insure that I do not keep adding to the problem by feeding it more lies.