K 1 Visa Red Flag? Misrepresentation suspected?

[Gerty 0]

 

K 1 Visa Red Flag? Misrepresentation suspected?

 

Hello, 

 

I applied for a tourist visa for vacation purpose and I was granted. I did not mention that I wanted to visit my boyfriend on the ds 160 form (Both immediate relatives and other relatives questions were NO as I filled on ds 160 form). I booked a hotel to lodge in, which I did not stayed (although I did not traveled as I indicated on the form, I traveled one month later because of my busy schedule. I stayed in my boyfriend apartment for the 2weeks though out my stay in the States. I have met my fiancé for one and half years now. 

 

We are planning to file our k1, my question is that

have I misrepresented my intention to obtain a tourist visa (since I visited my boyfriend, and I cannot show that I stayed in the hotel), and whereas I visited my boyfriend to fulfill the requirement of at least meeting once in person, and since I did not indicate the purpose of boyfriend visit to the U.S.A in my application form and I did not use any invitation from him to apply.

 

Do we have any red flag if we apply?

 

Looking forward to your feedback. thank you

 

 

[Alabamak1 688]

1 hour ago, Gerty said:

 

K 1 Visa Red Flag? Misrepresentation suspected?

 

Hello, 

 

I applied for a tourist visa for vacation purpose and I was granted. I did not mention that I wanted to visit my boyfriend on the ds 160 form (Both immediate relatives and other relatives questions were NO as I filled on ds 160 form). I booked a hotel to lodge in, which I did not stayed (although I did not traveled as I indicated on the form, I traveled one month later because of my busy schedule. I stayed in my boyfriend apartment for the 2weeks though out my stay in the States. I have met my fiancé for one and half years now. 

 

We are planning to file our k1, my question is that

have I misrepresented my intention to obtain a tourist visa (since I visited my boyfriend, and I cannot show that I stayed in the hotel), and whereas I visited my boyfriend to fulfill the requirement of at least meeting once in person, and since I did not indicate the purpose of boyfriend visit to the U.S.A in my application form and I did not use any invitation from him to apply.

 

Do we have any red flag if we apply?

 

Looking forward to your feedback. thank you

 

 

Proof that you have met him in the last 2 years prior to filing the I-129F is in your entry to the US (Passport Stamp) I-94 etc.  It is not stated that it needs to occur outside the USA. The other part is that you met him in person , which is a photograph of you guys together. Now how you combine both of them together is by showing that you guys where in the same place at the same time. Hotel receipts, anything and everything that would have your name and his name in the same place, with a date on it. He wasn't your fiance at the time, so i don't see where you could've broken the law by visiting your boyfriend. 

[Dave_and_Jessa 212]

It might depend on the country/embassy but I really don't a real problem.  Lots of people visit boyfriends/girlfriends/fiances on tourist visas.  As long as you didn't overstay the visa I don't think it should be an issue.

[Nitas_man 3,100]

Your boyfriend is not a relative and travel plans change all the time especially since you can't really finalize them until you have an actual visa.  My opinion is you (worst case might possibly) get your tourist visa cancelled after he files the petition but I cannot see how you misrepresented anything.  When/if you do re-visit after the petition is filed make sure you can show strong ties to return.  Best of luck.

Edited April 15, 2018 by Nitas_man

[x_driven_x 1,778]

7 minutes ago, Alabamak1 said:

Proof that you have met him in the last 2 years prior to filing the I-129F is in your entry to the US (Passport Stamp) I-94 etc.  It is not stated that it needs to occur outside the USA. The other part is that you met him in person , which is a photograph of you guys together. Now how you combine both of them together is by showing that you guys where in the same place at the same time. Hotel receipts, anything and everything that would have your name and his name in the same place, with a date on it. He wasn't your fiance at the time, so i don't see where you could've broken the law by visiting your boyfriend. 

I think it could be problematic that they were dating prior to her original visit, and that she did not volunteer that information as part of the application for the tourist visa, because it could have potentially been denied.

 

If they want to push further, I think this could become a big issue if they see it as an attempt to lie / be frauduelent. 

2 minutes ago, Dave_and_Jessa said:

It might depend on the country/embassy but I really don't a real problem.  Lots of people visit boyfriends/girlfriends/fiances on tourist visas.  As long as you didn't overstay the visa I don't think it should be an issue.

Lots of people visit yes, but they don't omit that fact adn then try to use that visit as later proof for a visa.

 

I would ask this to an actual immigration lawyer.

[Alabamak1 688]

2 minutes ago, x_driven_x said:

12 minutes ago, Alabamak1 said:

 

I think it could be problematic that they were dating prior to her original visit, and that she did not volunteer that information as part of the application for the tourist visa, because it could have potentially been denied.

dating is not against the rules. She didn't disclose what she was coming to see her boyfriend and the different date of travel is not against the rules either. Now she has immigrant intent with filing a I-129F, and that is where that counts as lying, when using a Tourist Visa.

[x_driven_x 1,778]

7 minutes ago, Alabamak1 said:

dating is not against the rules. She didn't disclose what she was coming to see her boyfriend and the different date of travel is not against the rules either. Now she has immigrant intent with filing a I-129F, and that is where that counts as lying, when using a Tourist Visa.

It sounds like she didn't disclose her boyfriend as a point of contact, as it was her primary purpose of her trip. If they folks adjudicating her K1 sniff that out based on the dates and her previous visas, they might absolutely consider that an issue.

 

Dating is of course not against the rules, but omitting data that you know the US is looking for when they ask you about your point of contact is a problem. The wording does appear to point to you should list only list contact not personal to you if you don't know anyone. She did, in fact, know someone and omitted that.

 

I am not a lawyer, but I do think she's opened herself up to risk here but not just being open with it during the first visa.

[Sav&Har 142]

Its very simple. Was you asked during interview if you're going to visit a boyfriend/fiancee in the US? If you answer was No. Then mayyyyyyybe that could be a little of an issue. Otherwise, I personally don't see any issue at all with what you did. It is not a requirement to volunteer information not asked, it IS however a requirement to be truthful when being asked. Besides I am not an expert, but common sense tells me when you state the purpose of looking for a visitor visa is about the general use you will give to it, not for an single and specific trip you might have.

[Naes 12,205]

To sum up all the answers:

boyfriend is not a relative.

unless they asked you specifically if you have a boyfriend and you answered no, it is not a misrepresentation.

 

The rest is in the hands of the CO.

[Sarah&Facundo 595]

It won't be an issue. My then-boyfriend applied for a tourist visa. We were dating and he wanted to come to see me in the US. He was approved, he came here to the US and stayed with me. He came back 2 more times afterwards (including during the time between NOA1 and NOA2). Anyway, he's on the K1 and we got married last week. Don't worry about it. 

[JFH 12,190]

7 hours ago, Sarah&Facundo said:

It won't be an issue. My then-boyfriend applied for a tourist visa. We were dating and he wanted to come to see me in the US. He was approved, he came here to the US and stayed with me. He came back 2 more times afterwards (including during the time between NOA1 and NOA2). Anyway, he's on the K1 and we got married last week. Don't worry about it. 

The issue and question is not whether it’s possible to visit during the processing but whether her K-1 application will face additional scrutiny based on the fact that she did not mention her boyfriend when applying for the tourst visa. 

 

It depends on how she responded to the question regarding the point of contact in the USA on the DS-160 for the B-2. Did she just list the hotel? If so, she could have a problem because it looks like she deliberately withheld that information to improve her chances of getting a B-2 (those with a love interest in the USA often have a high denial rate for a B-2 from certain countries due to the large numbers of fellow country-folk who travel to visit the love interest on a B-2 and “forget” to come home or change their mind about coming home). Note that for the DS-160 it doesn’t just ask about relatives in the USA but also friends. 

 

 

Edited April 15, 2018 by JFH

[JFH 12,190]

*~*~*procedural question moved from "progress reports" to "process and procedures"*~*~*

[NYCruiser 423]

14 hours ago, x_driven_x said:

I think it could be problematic that they were dating prior to her original visit, and that she did not volunteer that information as part of the application for the tourist visa, because it could have potentially been denied.

 

If they want to push further, I think this could become a big issue if they see it as an attempt to lie / be frauduelent. 

Lots of people visit yes, but they don't omit that fact adn then try to use that visit as later proof for a visa.

 

I would ask this to an actual immigration lawyer.

We were dating for over 2 years but he did not disclose on a B2 application that we were dating since same sex relationships are not 'allowed' in his former country and gay marriages were not allowed in the US until 2014.  He did get refused a B2 to visit me here, but got the K1.

[Gerty 0]

Thank you all for your contributions.

 

This is it, on her ds 160 form filled, she filled her point/contact person in the US as the hotel she will be staying and not me. Although she travelled one month later which we assumed could be the saving grace, And by the time she visited the U.S,  she stayed with me, therefore we have no record to prove that she stayed in a hotel (which at least is expected of any tourist). This is the reason we are scared if we have misrepresented in the tourist visa visit, and we thought that it might be an issue for our K1 visa application. 

 

What can we, therefore, do to remove this stigma of negligence/impediment to our k1 visa application. Is it advisable that I should also visit her in her country of residence, and she also visits me one more time before filing our K1 application, or we should get married in her home country and we go for CR1 (marriage-based application) rather?

 

Thank you for your comments. 

5 hours ago, JFH said:

The issue and question is not whether it’s possible to visit during the processing but whether her K-1 application will face additional scrutiny based on the fact that she did not mention her boyfriend when applying for the tourst visa. 

 

It depends on how she responded to the question regarding the point of contact in the USA on the DS-160 for the B-2. Did she just list the hotel? If so, she could have a problem because it looks like she deliberately withheld that information to improve her chances of getting a B-2 (those with a love interest in the USA often have a high denial rate for a B-2 from certain countries due to the large numbers of fellow country-folk who travel to visit the love interest on a B-2 and “forget” to come home or change their mind about coming home). Note that for the DS-160 it doesn’t just ask about relatives in the USA but also friends. 

 

 

Thank you all for your contributions.

 

This is it, on her ds 160 form filled, she filled her point/contact person in the US as the hotel she will be staying and not me. Although she travelled one month later which we assumed could be the saving grace, And by the time she visited the U.S,  she stayed with me, therefore we have no record to prove that she stayed in a hotel (which at least is expected of any tourist). This is the reason we are scared if we have misrepresented in the tourist visa visit, and we thought that it might be an issue for our K1 visa application. 

 

What can we, therefore, do to remove this stigma of negligence/impediment to our k1 visa application. Is it advisable that I should also visit her in her country of residence, and she also visits me one more time before filing our K1 application, or we should get married in her home country and we go for CR1 (marriage-based application) rather?

 

Thank you for your comments. 

[Gerty 0]

15 hours ago, x_driven_x said:

It sounds like she didn't disclose her boyfriend as a point of contact, as it was her primary purpose of her trip. If they folks adjudicating her K1 sniff that out based on the dates and her previous visas, they might absolutely consider that an issue.

 

Dating is of course not against the rules, but omitting data that you know the US is looking for when they ask you about your point of contact is a problem. The wording does appear to point to you should list only list contact not personal to you if you don't know anyone. She did, in fact, know someone and omitted that.

 

I am not a lawyer, but I do think she's opened herself up to risk here but not just being open with it during the first visa.

Thank you all for your contributions.

 

This is it, on her ds 160 form filled, she filled her point/contact person in the US as the hotel she will be staying and not me. Although she travelled one month later which we assumed could be the saving grace, And by the time she visited the U.S,  she stayed with me, therefore we have no record to prove that she stayed in a hotel (which at least is expected of any tourist). This is the reason we are scared if we have misrepresented in the tourist visa visit, and we thought that it might be an issue for our K1 visa application. 

 

What can we, therefore, do to remove this stigma of negligence/impediment to our k1 visa application. Is it advisable that I should also visit her in her country of residence, and she also visits me one more time before filing our K1 application, or we should get married in her home country and we go for CR1 (marriage-based application) rather?

 

Thank you for your comments.