Jump to content
Justjake

Tourist visa to K-1 visa with a lie

 Share

294 posts in this topic

Recommended Posts

1 hour ago, payxibka said:

B. Willful Misrepresentation

 

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact.  For a person to be inadmissible, the officer must find all of the following elements: 

 

The person procured, or sought to procure, a benefit under U.S. immigration laws; ✔️

 

The person made a false representation; ✔️

 

The false representation was willfully made; ✔️

 

The false representation was material; and (The great unknown as to what is considered material )

 

The false representation was made to a U.S. government official, generally an immigration or consular officer.✔️

 

If all of the above elements are present, then the person is inadmissible for willful misrepresentation. 

Ah yes, "The false representation was material;"  What is considered material? I've come to that same sticking point.  I'm looking around in Google Scholar for case law in the federal courts to get a better definition or application of the term.

Thanks to all that have contributed so far, I appreciate it.

 

Getting married February 2019 prior to filing I-130

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Well a good example has been mentioned in this thread, certainly something to discuss with your Lawyer.

“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.”

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

The crux of the issue will be to what extent the misrepresentation factored into the decision.   If it was a factor then it is material,  if it wasn't considered at all then it may not be.

YMMV

Link to comment
Share on other sites

3 minutes ago, payxibka said:

The crux of the issue will be to what extent the misrepresentation factored into the decision.   If it was a factor then it is material,  if it wasn't considered at all then it may not be.

Agreed.  I guess my follow up question would be on whether a person's marital status should be taken into account when applying for a tourist visa.

Getting married February 2019 prior to filing I-130

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
12 minutes ago, payxibka said:

The crux of the issue will be to what extent the misrepresentation factored into the decision.   If it was a factor then it is material,  if it wasn't considered at all then it may not be.

Well I think the tricky bit is getting past the Divorce thingy, all a Misprep charge does is add time and money for a waiver.

 

I agree that other options should be looked at first but am intrigued as to how this would work out if they proceed.

“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.”

Link to comment
Share on other sites

Issue #1 is being otherwise eligible for the visa. This includes how to handle the dissolvement of the claimed marriage issue.

Issue #2 is a possible misrepresentation bar. Not easy/cheap/fast, but at least easier than issue #1.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
1 minute ago, Justjake said:

Agreed.  I guess my follow up question would be on whether a person's marital status should be taken into account when applying for a tourist visa.

Well, she applied before as a single and was refused.   Represents herself as married and she was approved .  Unless there was something else that significantly changed on the application....

YMMV

Link to comment
Share on other sites

5 minutes ago, Justjake said:

Agreed.  I guess my follow up question would be on whether a person's marital status should be taken into account when applying for a tourist visa.

"Should", or "Was"?

Should it be considered? That's an opinion.

Was it considered in deciding to issue the visa or not? Well, that's up to the CO.

 

Edit: Also, did you know your fiance before coming to the US? Was this disclosed? Not trying to pry, but if so the CO can determine there was a misrepresentation on that basis as well.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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

 

Link to comment
Share on other sites

8 minutes ago, geowrian said:

"Should", or "Was"?

Should it be considered? That's an opinion.

 Was it considered in deciding to issue the visa or not? Well, that's up to the CO.

 

Edit: Also, did you know your fiance before coming to the US? Was this disclosed? Not trying to pry, but if so the CO can determine there was a misrepresentation on that basis as well.

I did not know her prior to coming to the US.  I believe that because she said she was married, that the tourist visa was finally accepted because of the assumption that she has family ties to China and would not be attempting to immigrate.

 

Getting married February 2019 prior to filing I-130

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Taiwan
Timeline
1 minute ago, Justjake said:

I did not know her prior to coming to the US.  I believe that because she said she was married, that the tourist visa was finally accepted because of the assumption that she has family ties to China and would not be attempting to immigrate.

 

If that is true, then the misrepresentation was material.......and serious.

"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.. 
 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...