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Justjake

Tourist visa to K-1 visa with a lie

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Hello,

I met a woman that had previously been denied a tourist visa 3 times, and the fourth time she was accepted after the agency she went through stated that she was married on her application.  She is not married.

She stayed in the US for under 6 months and returned back to China.  During that stay, is when we met and fell in love.

Now we are wanting to get married, and we are filling out the I-129f, but the concern is the previous lie on the tourist visa.

Can anyone offer insight to this?

We are both under the assumption that she will be denied, and will have to file a waiver, but if there are stories or advice that can be shared, I would appreciate that. 

Thank you in advance. 


Getting married February 2019 prior to filing I-130

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Waiver for what?  


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
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  • Case Complete: 4/10/17
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  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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6 minutes ago, Justjake said:

Hello,

I met a woman that had previously been denied a tourist visa 3 times, and the fourth time she was accepted after the agency she went through stated that she was married on her application.  She is not married.

She stayed in the US for under 6 months and returned back to China.  During that stay, is when we met and fell in love.

Now we are wanting to get married, and we are filling out the I-129f, but the concern is the previous lie on the tourist visa.

Can anyone offer insight to this?

We are both under the assumption that she will be denied, and will have to file a waiver, but if there are stories or advice that can be shared, I would appreciate that. 

Thank you in advance. 

Lying on a visa application is grounds for a lifetime ban, but that is not automatic. A long wait and see. Now as that goes I would get married and then wait and see because there is no appeal of a denied K-1 to my knowledge.

Edited by ThomasNC1988

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I know somebody who had to bring full divorce extract from the court under AP to have embassy make their decision because her marriage info from previous visa application and what she filed for K-1 didn't check out. This is going to be hard. 

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She is able to provide identification that she is single and not married. 

We are both on the same page about being honest from this point forward, unfortunately she is behind the 8ball because of her previous lie on the tourist visa.

Is there a way to see a form that is generated by the online DS-160 application? I'd like to see what questions are on there.  

 


Getting married February 2019 prior to filing I-130

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4 minutes ago, Justjake said:

She is able to provide identification that she is single and not married. 

We are both on the same page about being honest from this point forward, unfortunately she is behind the 8ball because of her previous lie on the tourist visa.

Is there a way to see a form that is generated by the online DS-160 application? I'd like to see what questions are on there.  

 

You can go fill one out anytime you like. 

 

https://ceac.state.gov/genniv/

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4 minutes ago, Justjake said:

Isn't the DS-160 supposed to be filled out by her?

He is not going to fill one out he is only wanting to review the questions to see what his exposure is.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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8 minutes ago, Justjake said:

That has been the premise of this entire thread. 

And her problem,


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Exactly. The lie itself is potentially material. If so, she will be deemed permanently inadmissible but this can be waived with an I-601. No way to know what will happen beforehand and no way to file it beforehand.

 

And yes, they will ask for a divorce decree, death certificate, or annulment to show that she is no longer married. Not having this (since she was not ever married) is going to present some decent hurdles to overcome.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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