Tourist visa to K-1 visa with a lie

[Justjake 23]

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. 

[Crazy Cat 39,213]

Waiver for what?  

[Justjake 23]

I believe it would be a waiver for inadmissibility.  I-601

Edited November 2, 2018 by Justjake

[ThomasNC1988 762]

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 November 2, 2018 by ThomasNC1988

[stacyt 209]

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. 

[Justjake 23]

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.  

 

[ThomasNC1988 762]

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/

[Justjake 23]

5 minutes ago, ThomasNC1988 said:

You can go fill one out anytime you like. 

 

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

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

[Boiler 43,428]

They will cross reference her prior application and als her for her Divorce Certificate.

[Justjake 23]

Just now, Boiler said:

They will cross reference her prior application and als her for her Divorce Certificate.

She doesn't have a divorce certificate because she was never married. 

[Greenbaum 12,258]

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.

[ThomasNC1988 762]

8 minutes ago, Justjake said:

She doesn't have a divorce certificate because she was never married. 

Exactly where your trouble starts.

[Justjake 23]

1 minute ago, ThomasNC1988 said:

Exactly where your trouble starts.

That has been the premise of this entire thread. 

[Boiler 43,428]

8 minutes ago, Justjake said:

That has been the premise of this entire thread. 

And her problem,

[geowrian 22,335]

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.