k1 visa

[Cyberfx1024 7,980]

3 hours ago, Orangesapples said:

I'm just saying what I've heard from @ConOfficer. He or she has said in the past that lies lead to bans only if they're material. 

He is basically in a catch 22 now. If he admits that he is single and never been married he will be banned for misrepresentation. So he will have to find someone to marry and then divorce, or get married and file the CR1 Visa. 

 

I apologize for sounding rude to you.

[Canerican 242]

1 hour ago, cyberfx1024 said:

How is it disrespectful at all? Someone asked a question and I gave my opinion based off my experience here on VJ. Based off of the username and what happened I gave a educated guess as to where he is from. Because usually doing something like putting your married when your single to try and get a B2 approval is something that people are told to do usually in Africa or the Indian Subcontinent. As someone who has only been on here a little more than 6 months I don't expect you to know that. 

Instead of arguing on a forum where someone is looking for advice, why don’t we all deal with our disagreements that have nothing to do with the visa process privately. I say this to all who are doing this, not just the above poster.

Edited March 31, 2018 by CDN(ON)-USA(VT)

[Cyberfx1024 7,980]

12 minutes ago, CDN(ON)-USA(VT) said:

Instead of arguing on a forum where someone is looking for advice, why don’t we all deal with our disagreements that have nothing to do with the visa process privately. I say this to all who are doing this, not just the above poster.

I have offered my help and advice but I got ridiculed for it. I don't see you offering up any advice?

[geowrian 22,344]

It's not a guarantee that he will get a bar for a material misrepresentation. But he would not be the first and will not be the last.

For example, here's another clear case where somebody was issued a material misrepresentation bar after using a tourist visa agent who filed the DS-160 as being married while she had divorced years earlier. An I-601 was filed and denied as well, at which point she sought the assistance of an attorney to appeal the decision on the grounds that the misrepresentation about her marital status was not willful (since it was through the agent) and even if it was, that it was not material to her tourist visa case. The appeal was denied and the material misrepresentation bar was upheld. I think the OP's case of multiple, clearly willful misrepresentations would be a weaker case (although no clue on the hardship waiver side of things...that's a very different issue).

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2013/MAR142013_04H5212.pdf

 

Below is the most relevant part of the document. The "saving grace" is that in that case they were actually granted the visa, whereas the OP here was not. This is a key difference.

"Claiming that the applicant was married to a Chinese citizen was material because it shut off a line of inquiry relevant to the applicant'seligibilityfora non-immigrantvisa.Specifically,theapplicant'.svisaapplicationwouldlikelyhavebeendeniedhadtheconsularofficerknowntheapplicantwasunmarriedandgoingtolivewithaU.S.citizenboyfriend.orfiance.Therefore,theapplicantisinadmissibleundersection212(a)(6)(C)(i)oftheActforwillfulmisrepresentationofa materialfactinordertoprocureanimmigrationbenefit."

 

This is all assuming that he can somehow convince the CO that he is not actually married. Just saying he lied and trying to go the waiver path won't cut it...they will require actual evidence that he was not married. How to do this can be difficult, and depends on the circumstances. Some countries keep good records of every marriage license and/or certificate request, and can potentially issue a document stating that the individual has no record of ever being married.

This is also a risk for a K-1 because we know that one can be considered "too married" for a K-1. It also means if the CO refuses the visa due to potentially not being free to marry, then it will be sent back to ,USCIS to die/expire. While not impossible, a spousal visa application would have been better here as it would provide a real opportunity to appeal the decision if/when the case gets sent back to USCIS, and possible reaffirmation.

Edited March 31, 2018 by geowrian

[geowrian 22,344]

10 minutes ago, geowrian said:

"Claiming that the applicant was married to a Chinese citizen was material because it shut off a line of inquiry relevant to the applicant'seligibilityfora non-immigrantvisa.Specifically,theapplicant'.svisaapplicationwouldlikelyhavebeendeniedhadtheconsularofficerknowntheapplicantwasunmarriedandgoingtolivewithaU.S.citizenboyfriend.orfiance.Therefore,theapplicantisinadmissibleundersection212(a)(6)(C)(i)oftheActforwillfulmisrepresentationofa materialfactinordertoprocureanimmigrationbenefit."

Bad paste, sorry.

"Claiming that the applicant was married to a Chinese citizen was material because it shut off a line of inquiry relevant to the applicant's eligibility for a non-immigrant visa. Specifically, the applicant'.s visa application would likely have been denied had the consular officer known the applicant was unmarried and going to live with a U.S. citizen boyfriend .or fiance. Therefore, the applicant is inadmissible under section 212(a)(6)(C)(i) of the Act for willful misrepresentation of a material fact in order to procure an immigration benefit."

[Orangesapples 1,954]

15 minutes ago, geowrian said:

It's not a guarantee that he will get a bar for a material misrepresentation. But he would not be the first and will not be the last.

For example, here's another clear case where somebody was issued a material misrepresentation bar after using a tourist visa agent who filed the DS-160 as being married while she had divorced years earlier. An I-601 was filed and denied as well, at which point she sought the assistance of an attorney to appeal the decision on the grounds that the misrepresentation about her marital status was not willful (since it was through the agent) and even if it was, that it was not material to her tourist visa case. The appeal was denied and the material misrepresentation bar was upheld. I think the OP's case of multiple, clearly willful misrepresentations would be a weaker case (although no clue on the hardship waiver side of things...that's a very different issue).

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2013/MAR142013_04H5212.pdf

 

Below is the most relevant part of the document. The "saving grace" is that in that case they were actually granted the visa, whereas the OP here was not. This is a key difference.

"Claiming that the applicant was married to a Chinese citizen was material because it shut off a line of inquiry relevant to the applicant'seligibilityfora non-immigrantvisa.Specifically,theapplicant'.svisaapplicationwouldlikelyhavebeendeniedhadtheconsularofficerknowntheapplicantwasunmarriedandgoingtolivewithaU.S.citizenboyfriend.orfiance.Therefore,theapplicantisinadmissibleundersection212(a)(6)(C)(i)oftheActforwillfulmisrepresentationofa materialfactinordertoprocureanimmigrationbenefit."

 

This is all assuming that he can somehow convince the CO that he is not actually married. Just saying he lied and trying to go the waiver path won't cut it...they will require actual evidence that he was not married. How to do this can be difficult, and depends on the circumstances. Some countries keep good records of every marriage license and/or certificate request, and can potentially issue a document stating that the individual has no record of ever being married.

This is also a risk for a K-1 because we know that one can be considered "too married" for a K-1. It also means if the CO refuses the visa due to potentially not being free to marry, then it will be sent back to ,USCIS to die/expire. While not impossible, a spousal visa application would have been better here as it would provide a real opportunity to appeal the decision if/when the case gets sent back to USCIS, and possible reaffirmation.

I think the fact that he wasn't granted a visa makes it a non material misrepresentation

[Orangesapples 1,954]

1 hour ago, cyberfx1024 said:

Ok.what you heard and what I have seen here on VJ are 2 totally different things. 

@ConOfficer is on visa journey and he or she is a CO, so I assume he or she knows what he or she is talking about 

[Orangesapples 1,954]

1 hour ago, cyberfx1024 said:

He is basically in a catch 22 now. If he admits that he is single and never been married he will be banned for misrepresentation. So he will have to find someone to marry and then divorce, or get married and file the CR1 Visa. 

 

I apologize for sounding rude to you.

No worries! I think he will have problems with his application but there's a decent chance he won't get a ban for material misrepresentation because he never got a a tourist visa anyway. 

[geowrian 22,344]

4 minutes ago, Orangesapples said:

I think the fact that he wasn't granted a visa makes it a non material misrepresentation

Definitely possible (as noted in my comment re: "saving grace"). I won't claim to know what the CO will decide...and challenging their decision is such an uphill battle.

It certainly won't help his case either way...his credibility will be completely shot either way, and showing that he was not married is the biggest hurdle.

[Taden 44]

Go to RGD ( Register General Department) and get a no impediment certificate. The cert. will show all marriages or lack thereof... A no impediment is required for  all k1  interview in Jamaica. U will still have to explain y u lied tho...

[Boiler 48,238]

Obviously this is not the first person with an invented spouse, and even more obviously the OP considered it material or would not have done it, I would expect the Consulate would consider this the same way.

 

To my recollection prior posters never came back with an update so to my knowledge there is nobody here who went through the process and reported back.

 

How do you prove a negative, assuming you can get such a document from your Country well obviously that just covers your country, UK does not have such a thing and would be useless anyway for me for example as I married in the US. Also the issue of traditional marriages which may not be fully legal but would be too married for a K1.

 

Anyway Lawyer time, prepare to bend over.

 

The more obvious solution as this will not be quick or easy or cheap is for the USC to move.

[OlayemiLoray 172]

18 hours ago, ikebunna said:

i am from Jamaica

Thanks for clearing that up since Africa is known to do this and no other country has ever (Sarcasm)....Ummmmmm, you have a heck of hurdle to jump..It somewhat makes you look desperate since you applied 5 times and resorted to lying about a fake wife...They could careless about a pregnant girlfriend being alone..You know how many times that story has been used and never heard of anyone getting a visa based on that excuse alone..All I can tell you at this point is to have fiancee to make frequent trips as often as possible or consider moving to Jamaica...Good luck on whatever decision you two decide to make!

[Sunnyland 639]

OP, is it possible your girlfriend go to Jamaica and have the baby there? Or move there until you guys can figure out what options you have, K1 visa or not. Even if you were approved your K1, the whole process could take up to 1 year or more so you won't be able to be there for the baby delivery.

You will have to find the way to prove that you were never married before (in order to proceed with the K1) but even with that you will be questioned a lot. 

[Boiler 48,238]

I would have thought a minimum of 2 years.

[Unknown4 10]

On 3/30/2018 at 9:39 PM, ikebunna said:

i really have a questions guys that have been disturbing me. my girlfriend is planning on filing a k1 visa  for me because we really want to be together and have a family but i have a history with the USA embassy i was first got denied visa 2015 then i applied again 2017 also applied 3 more times again so making it the total of 5 times i applied but in my last 2 application i filled in my ds160 that i was married based on my friends advice to prove i have a strong ties and intention of coming back but still was denied please i will like to know if the  USA embassy will review my previous record with them and deny me a k1 visa if i apply

Yes they will review your previous history all you will just do, that will not cost you too much money,is that,just tell you fiance abroad to put in the file that you are widower,and just go to (npc )any where in Lagos,to do your former wife death certificate,to give your American citizenship by scanning a copy to her to add to the filing to USCIS will receive from her and you too will take the death certificate to embassy for your interview,bec my own advice for you is that dont let any one convince you to do divorce certificate, bec it will course you lot of money and they can never see it verified, just claim that the woman has died and go to national population commission(NPC) to do the death certificate of her,bec I am going excertly what you planning to do now,just text me on WhatsApp I should explain more better for you (removed)

Edited July 2, 2019 by Ontarkie
Removed personal information.