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Diachka

Misrepresentation question

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Filed: IR-1/CR-1 Visa Country: Russia
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1 hour ago, Cyberfx1024 said:

I reall think you need to calm down and you will be fine. 

Haha, that's what I say to myself too. I have a bad habit to overthink stuff and worry too much 😅

1 hour ago, John & Rose said:

I agree but they want to know how to answer the question.  I would say "no" personally but I would never suggest that anyone lie on a petition. That would be wrong...😉

Thank you so much for the insight! 

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12 hours ago, Diachka said:

Just a little addition. We got married in my home country, so I didn't use my tourist visa to get married in the USA. 

Irrelevant. It’s not illegal or a misrepresentation to get married as a tourist. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Country: Vietnam (no flag)
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12 hours ago, Diachka said:

Hey everyone. I hope your visa process goes smooth. 

Could any of you share some thoughts with the following. In the  online immigration visa application, there is a question asking if one ever sought to obtain a visa or entry to the USA by misrepresentation. A few years ago, I applied for B1/B2 visa and was approved. At the interview and POE, I said that my purpose of visit is meeting my classmates (I studied in the USA), though my main purpose was visiting my boyfriend who is my husband now. In the application itself that time I honestly answered that I know people in the USA and stated my classmate info (and we visited her during that trip). I came back home, visited US a few times but never overstayed my visa. We got married only 1.5 years after my first trip on the tourist visa. Do you think it is better to say that I used misrepresentation to get a visa and explain why in the cr1 visa application or tick no? Maybe some of you  were in the same situation once.Thank you for any input. 

TICK "NO."  You did not obtain your visa by misrepresentation.  
 

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Answer honestly. Do you believe it was a misrepresentation?

It shouldn't be an issue as it would not be a material misrepresentation anyway.

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

 

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Filed: IR-1/CR-1 Visa Country: Russia
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1 hour ago, JFH said:

Irrelevant. It’s not illegal or a misrepresentation to get married as a tourist. 

It's not illegal to get married on a tourist visa. But as far as I understand, it would be a misrepresentation if a visa applicant claims that the purpose of the visit is tourism/vacation but after entering the country, he /she gets married. Though I might be wrong. 

1 hour ago, aaron2020 said:

TICK "NO."  You did not obtain your visa by misrepresentation.  
 

Thank you! I'm leaning towards it. 

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Filed: IR-1/CR-1 Visa Country: Russia
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50 minutes ago, geowrian said:

Answer honestly. Do you believe it was a misrepresentation?

It shouldn't be an issue as it would not be a material misrepresentation anyway.

I'm just confused about what a misrepresention is and what is not. 

Could you kindly explain what material misrepresentation is? 

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23 minutes ago, Diachka said:

I'm just confused about what a misrepresention is and what is not. 

Could you kindly explain what material misrepresentation is? 

Official definition: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ.html

 

Basically, it's a lie. Material vs immaterial refers to if it had an effect on the outcome. Willful refers to if you made it on purpose or unintentionally. These are very broad and basic definitions of those terms...the linked website has more complete ones.

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

 

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Filed: Citizen (apr) Country: Nigeria
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  You had secondary motives for your trip that you didn't vocalize.  But you didn't lie and even if you had told the whole truth it wouldn't have prevented you from getting a visa.  A material misrepresentation is a statement meant to get a CO to give you a visa that you don't qualify for.   I know someone that tried to bring a much older sister over as his mother ( immediate relative )  and they were asked for DNA which showed she wasn't his mother .  Needless to say that was material.  Other cases aren't as extreme ,  maybe you omit ticking off having a criminal record that would cause the visa to be denied. 

This will not be over quickly. You will not enjoy this.

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14 hours ago, Diachka said:

Hey everyone. I hope your visa process goes smooth. 

Could any of you share some thoughts with the following. In the  online immigration visa application, there is a question asking if one ever sought to obtain a visa or entry to the USA by misrepresentation. A few years ago, I applied for B1/B2 visa and was approved. At the interview and POE, I said that my purpose of visit is meeting my classmates (I studied in the USA), though my main purpose was visiting my boyfriend who is my husband now. In the application itself that time I honestly answered that I know people in the USA and stated my classmate info (and we visited her during that trip). I came back home, visited US a few times but never overstayed my visa. We got married only 1.5 years after my first trip on the tourist visa. Do you think it is better to say that I used misrepresentation to get a visa and explain why in the cr1 visa application or tick no? Maybe some of you  were in the same situation once.Thank you for any input. 

Absolutely not! Misrepresentation often refers to working or doing business in the states on a visitors visa. You were here visiting, and it doesn't matter who you were visiting. People meet new friends all the time when they travel. Don't open yourself up to that because then you'd have to prove extreme hardship which is another horrible thing to have to provide evidence.

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Filed: IR-1/CR-1 Visa Country: Russia
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21 minutes ago, geowrian said:

Official definition: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ.html

 

Basically, it's a lie. Material vs immaterial refers to if it had an effect on the outcome. Willful refers to if you made it on purpose or unintentionally. These are very broad and basic definitions of those terms...the linked website has more complete ones.

Thank you for the link. I'll read it through! 

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Filed: IR-1/CR-1 Visa Country: Russia
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7 minutes ago, Ruthie said:

Absolutely not! Misrepresentation often refers to working or doing business in the states on a visitors visa. You were here visiting, and it doesn't matter who you were visiting. People meet new friends all the time when they travel. Don't open yourself up to that because then you'd have to prove extreme hardship which is another horrible thing to have to provide evidence.

Thank you so much for your opinion. It really helps me to put my mind at ease. 

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Filed: IR-1/CR-1 Visa Country: Russia
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21 minutes ago, NigeriaorBust said:

  You had secondary motives for your trip that you didn't vocalize.  But you didn't lie and even if you had told the whole truth it wouldn't have prevented you from getting a visa.  A material misrepresentation is a statement meant to get a CO to give you a visa that you don't qualify for.   I know someone that tried to bring a much older sister over as his mother ( immediate relative )  and they were asked for DNA which showed she wasn't his mother .  Needless to say that was material.  Other cases aren't as extreme ,  maybe you omit ticking off having a criminal record that would cause the visa to be denied. 

That makes sense. 

My additional concerns are that at the airport at my first entry I said that I'm visiting a friend when they asked who I was visiting. The lady at the passport control was suspicious. Do you think officers at POE share their records with the embassy? 

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5 hours ago, Diachka said:

That makes sense. 

My additional concerns are that at the airport at my first entry I said that I'm visiting a friend when they asked who I was visiting. The lady at the passport control was suspicious. Do you think officers at POE share their records with the embassy? 

The addresses that you write on the blue customs card are kept on file. I know this because I visited my husband regularly before moving here. During the course of our relationship he moved to a different address (from one state to another). I then used that address on my form and on my next entry I was asked who I was staying with and I said “my husband” and I was asked “what happened to the husband who lived at xxxxx?” 

 

Assume they everything you say to anyone who works for the government is recorded and noted somewhere. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: K-1 Visa Country: Lithuania
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5 hours ago, Diachka said:

That makes sense. 

My additional concerns are that at the airport at my first entry I said that I'm visiting a friend when they asked who I was visiting. The lady at the passport control was suspicious. Do you think officers at POE share their records with the embassy? 

Definitely not misrepresentation. All uscis is concerned about visitor visas is whether you visit. They don't care whom You visit at that point, as long as you came back on time. EVEN IF YOU GOT married in USA by "Accident" still it wouldn't be misrepresentation, as you never overstayed or adjusted status from that. You literally had no intent of staying, working or studying, you just visited.

You had boyfriend at that time in US, 0 changes. Your purpose was to meet with classmates and on the side you got time to spend with boyfriend. Win - Win. 

You didn't break any immigration laws, nor you worked or studied on B1/B2. Tick the box with No and You're fine. 

Misrepresentation would've been if You tried to get the visitor visa to get married in US and AoS. THEN it would've. Now, for sure no.

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