Question Regarding Misrepresentation - DS-160

[pheobehwv 0]

Hello, 

My fiancé, the beneficiary of our K1 application, and I have received our NOA2 and are currently waiting for our case to arrive to the consulate in Montreal, so we can schedule our interview. While completing the DS-160 form, particularly the section on Security - Immigration Law Violation, there is a field that asks:

 

“Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?”  

 

During his last trip here from Toronto to the US, which he was making to visit and to propose to me, upon reaching the Canada-US border, my fiancé told CVP officer that he was currently enrolled in University, and that was not true. While he had recently graduated with his Bachelors degree and was considering applying to Masters programs, he was not currently enrolled at his university. He was nervous because he’d been unofficially denied entry two years prior for not having sufficient ties to Canada, and he said something untrue in order to get into the country. The officer then allowed him into the country with a strict timeline to return to Canada within 15 days, which he did.   

 

We are 100% going to disclose that he said misrepresented himself in order to enter the US.  We are now wondering, how likely we are to receive a denial because of this? He is going to see a lawyer as soon as possible, but in the meantime, I am very nervous and desperate for some idea of how this will impact our application.

 

Any insight would be GREATLY appreciated!

 

 

Edited August 25, 2018 by pheobehwv

[Hypnos 6,579]

A denial based on misrepresentation is possible. Seeking the advice of a lawyer experienced in misrepresentation before filing the DS-160 would certainly be advisable.

Edited August 25, 2018 by Hypnos

[pheobehwv 0]

18 minutes ago, Hypnos said:

A denial based on misrepresentation is possible. Seeking the advice of a lawyer experienced in misrepresentation before filing the DS-160 would certainly be advisable.

Thank you for your response!

Are all misrepresentations considered equal, and would an explanation count for anything?

It seems to me that something like this is trivial in comparison to other misrepresentations, and he declared his intent was to see me, but I really have no idea....

I'm really wondering if at this point, we need to make other arrangements. I am willing to relocate to Canada, but have a good job and family I don't want to leave.   We are ideal candidates aside from this, as we meet the income requirements, we've never been married before, have no children and have been together for six years, but after doing some research, I feel like a denial is inevitable. 

[geowrian 22,344]

23 minutes ago, pheobehwv said:

Are all misrepresentations considered equal, and would an explanation count for anything?

Yes, so long as they are willful and material. An explanation won't change the impact of it.

I'm doubtful this would be deemed material, but the CO (or IO for AOS later) makes that determination.

Edited August 25, 2018 by geowrian

[NikLR 13,235]

I remember your fiance posting this question and he was told to seek an good immigration lawyer.  

[NikLR 13,235]

I believe this is the topic: 

http://www.visajourney.com/forums/topic/682409-help-dont-know-whether-i-need-to-file-form-i-601-or-not/