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Justjake

Tourist visa to K-1 visa with a lie

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4 minutes ago, geowrian said:

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.

Thanks for adding that and contributing to the movement of the discussion.  I agree that it is a waiting game to see what happens, and you have confirmed that.  What has your experiences showed about a waiver being successful in a situation like this? Would it be better to marry instead and go that route?

Getting married February 2019 prior to filing I-130

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Filed: K-1 Visa Country: Wales
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You would only get to the Waiver stage if a Visa is otherwise issuable, the cases I have seen stall at the Divorce Certificate.

“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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I hope it doesn't come to stalling at the divorce certificate issue.  Is there any remedy or course of action that would work best if that was the case?  I'm not meaning to future trip, but just wanting to gather as much information as possible.
Thanks again.

Getting married February 2019 prior to filing I-130

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Filed: Citizen (apr) Country: Canada
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7 hours ago, Justjake said:

Would it be better to marry instead and go that route?

She would still have to produce a divorce decree from the first "marriage" (since she already claimed to be married before, and it's on record) to be eligible to receive the spouse visa.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

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Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

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Filed: Citizen (apr) Country: Canada
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7 hours ago, Justjake said:

I hope it doesn't come to stalling at the divorce certificate issue.  Is there any remedy or course of action that would work best if that was the case?

The examples I've seen here involved the USC moving to the foreign country as the end result.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Filed: Citizen (apr) Country: Taiwan
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12 hours ago, Justjake said:

I believe it would be a waiver for inadmissibility. 

Admissibility is a large territory.  Misrepresentation is a dangerous part of that territory. In all honesty, this situation warrants a consultation with a good immigration attorney at the least, imo.  

As @Boiler stated, "You would only get to the Waiver stage if a Visa is otherwise issueable,"  That means you might not find out that a waiver is even possible until after the interview.  That is assuming you get past USCIS  before questions are asked. This will be a long, difficult process, imo.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (apr) Country: Philippines
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2 minutes ago, missileman said:

Admissibility is a large territory.  Misrepresentation is a dangerous part of that territory. In all honesty, this situation warrants a consultation with a good immigration attorney at the least, imo.  

As @Boiler stated, "You would only get to the Waiver stage if a Visa is otherwise issueable,"  That means you might not find out that a waiver is even possible until after the interview.  That is assuming you get past USCIS  before questions are asked. This will be a long, difficult process, imo.

I think the petition is not going to be the issue.   It is the consulate where the problem resides 

YMMV

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1 minute ago, payxibka said:

I think the petition is not going to be the issue.   It is the consulate where the problem resides 

Yep. I think you are right.  That's why I said "you might not find out that a waiver is even possible until after the interview".  This will be a long, long process.....

 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (apr) Country: Philippines
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Just now, missileman said:

Yep. I think you are right.  That's why I said "you might not find out that a waiver is even possible until after the interview".  This will be a long, long process.....

 

Agreed but you also said if "you get past the uscis."   There is nothing here that would indicate the uscis would stop it if they prepared a proper petition as they probably would not even be aware of any misrepresentation 

YMMV

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1 minute ago, payxibka said:

Agreed but you also said if "you get past the uscis."   There is nothing here that would indicate the uscis would stop it if they prepared a proper petition as they probably would not even be aware of any misrepresentation 

Right.....

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (apr) Country: Ukraine
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37 minutes ago, payxibka said:

Agreed but you also said if "you get past the uscis."   There is nothing here that would indicate the uscis would stop it if they prepared a proper petition as they probably would not even be aware of any misrepresentation 

In my understanding, that's what a front-loaded petition is for. There is a brilliant question on I-129F referring to the beneficiary ever visiting the US before and I-94 thing. So if the OP is concerned with misrep while choosing the K1 path, they may want to enclose a letter of explanation right with the petition and not wait till the interview. In my own case I've been to the US for a high school kids exchange visit 30 years ago with only photo evidence available, no old passport (gosh, it was USSR then), no visa details, no even dates of entry and departure, only a rough idea of how long the visit was and that it was 100% legal with no overstay. We enclosed a detailed explanation so that my situation is known to all those interested at all stages. 

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