Misrepresentation question

[The_Empyrean 733]

4 minutes ago, JFH said:

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. 

They do keep track of what you're saying. Once my now wife told that she's visiting "fiance" at that time, they ALWAYS took her to secondary. ALWAYS. But because she was still studying and working, she had enough ties with home so they never restricted her stays, nor denied entry.
i'll repeat myself, and many others : DO NOT lie at the border, because next time if they ask and you answer differently, you'll be in biiiiiiiiig trouble. 

But here OP is definitely fine. 

[Diachka 66]

5 minutes ago, JFH said:

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. 

Yes, I'm pretty sure they record everything in their system at the port of entry. I guess they could share them with the embassy if requested. 

I traveled on my visa several time to the USA after we got married. I always said the truth that I was visiting my family and husband. They never questioned me about it. 

[EmilyW 1,222]

If they asked if you had a boyfriend and you said no.... now that would be different I imagine.

[Diachka 66]

21 minutes ago, PaulMac said:

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.

Thank you so much for such a detailed answer! I really appreciate your help

[The_Empyrean 733]

21 minutes ago, EmilyW said:

If they asked if you had a boyfriend and you said no.... now that would be different I imagine.

Different people, differently treat "boyfriend/girlfriend" term. For some it might be skyping and texting, for some it might mean living together, for some-dating. Depends. I imagine, her visiting boy-friend, or Boyfriend, and not doing ANYTHING illegal, has no weight on K-1 whatsoever. They might bring it up of course at some point. But saying "we were just starting off, and weren't sure whether we were couple or not" would explain it. There was nothing she did that would impact her case in any way (as much as she told us here). 
USCIS is more concerned about not overstaying, not lying, not working, not studying. Meeting someone you know while visiting your classmates is not misrep, or lying. You don't have to report literally everything you gonna do in US, do You?
"what are you gonna do in US?"
"Visit friends and classmates" - that can include boyfriends, girlfriends, school-friends, etc etc etc. 

[The_Empyrean 733]

31 minutes ago, Diachka said:

Yes, I'm pretty sure they record everything in their system at the port of entry. I guess they could share them with the embassy if requested. 

I traveled on my visa several time to the USA after we got married. I always said the truth that I was visiting my family and husband. They never questioned me about it. 

Especially if he became your husband, and you never overstayed, nor tried to AoS from B1/B2... shouldn't be any issues for You. Relax.

[USS_Voyager 1,971]

Yes, as people have mentioned, merely misrepresentation is not enough. It is "willful misrepresentation of material facts". A misrepresentation has to be willful, and of a material fact.

 

One can argue in your case it's not even a misrepresentation. You were never asked "do you have boyfriend? or are you planning to visit a boyfriend on this trip?" They only asked "What are you doing on this trip?" and you said "visiting a friend", which turned out to be true. That is not misrepresentation on its face. They can't expect you to give them a detailed schedule of every day and every hour of your activity in the US.

 

A material fact is something that had the CO knows, it would adversely affect his/her decision on the outcome. One can also argue a boyfriend is not material to you case, as in, you are ALLOWED to have a boyfriend in the US. Having a boyfriend by itself does NOT automatically create a  rejection of your visa eligibility. One well known example of this "material fact" clause is a guy who won the diversity lottery. He came in with a fake university degree, and the Embassy was able to prove that it was fake. However, since the DV requires only a High School Diploma, which he had and was real, the fact that he used a fake university degree was deemed NOT material, and therefore NOT triggered the INA 212(a)(6)(C)(i) bar.

 

 

[HonoraryCitizen 179]

22 hours ago, Diachka said:

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?

Seriously? You’re joking right? So on your N400 interview when asked the catch all question which goes have you committed any crime for which you were not arrested you plan to mention all the times you exceeded the speed limit, crossed the street at the wrong location (jaywalking),  didn’t pick up after your dog etc etc? I’d really like to know.

 

I know there are supposedly some people on VJ who have never fallen short of the highest standards of ethics and morality who will claim yes report it but I think this is a really terrible idea 🤔

Edited January 17, 2019 by HonoraryCitizen

[Diachka 66]

5 minutes ago, HonoraryCitizen said:

Seriously? You’re joking right? So on your N400 interview when asked the catch all question which goes have you committed any crime for which you were not arrested you plan to mention all the times you exceeded the speed limit, crossed the stret at the wrong location (jaywalking),  didn’t pick up after your dog etc etc? I’d really like to know.

 

I know they’re supposedly some people on VJ who have never fallen short of the highest standards of ethics and morality who will claim yes report it but I think this is a really terrible idea 🤔

As I mentioned before somewhere in the comments here, I was confused what misrepresentation is and what not. And I'm thankful to people here for helping me clarifying it. Please try not to judge me too strictly for asking a question that might seem too weird to you 😅☺️

[Sarah&Facundo 576]

No no , it isn't misrepresentation. My now-husband did this for his for his tourist visa too. We applied for the K1 and it was never even mentioned or asked about. Don't freak out or overthink it. Just put No. Misrepresentation is a serious offense and it's more for someone who came as a tourist but had a secret plan to work at a job or something like that. 

[Diachka 66]

37 minutes ago, USS_Voyager said:

Yes, as people have mentioned, merely misrepresentation is not enough. It is "willful misrepresentation of material facts". A misrepresentation has to be willful, and of a material fact.

 

One can argue in your case it's not even a misrepresentation. You were never asked "do you have boyfriend? or are you planning to visit a boyfriend on this trip?" They only asked "What are you doing on this trip?" and you said "visiting a friend", which turned out to be true. That is not misrepresentation on its face. They can't expect you to give them a detailed schedule of every day and every hour of your activity in the US.

 

A material fact is something that had the CO knows, it would adversely affect his/her decision on the outcome. One can also argue a boyfriend is not material to you case, as in, you are ALLOWED to have a boyfriend in the US. Having a boyfriend by itself does NOT automatically create a  rejection of your visa eligibility. One well known example of this "material fact" clause is a guy who won the diversity lottery. He came in with a fake university degree, and the Embassy was able to prove that it was fake. However, since the DV requires only a High School Diploma, which he had and was real, the fact that he used a fake university degree was deemed NOT material, and therefore NOT triggered the INA 212(a)(6)(C)(i) bar.

 

 

Thank you so much for your valuable input 🙏 Now I have a better understanding of what material fact is. 

[Diachka 66]

2 minutes ago, Sarah&Facundo said:

No no , it isn't misrepresentation. My now-husband did this for his for his tourist visa too. We applied for the K1 and it was never even mentioned or asked about. Don't freak out or overthink it. Just put No. Misrepresentation is a serious offense and it's more for someone who came as a tourist but had a secret plan to work at a job or something like that. 

Thank you for sharing your experience! 

I'm happy your husband's visa got approved 😊 hope everything goes smooth for us too. 

[Jenny17655 283]

Yes you should def say you misrepresented yourself.  And you should also tell them you stole candy when you were 6 because they will also ask if you committed any crimes even if you were never caught. Confess all of your sins woman the truth shall set you free

[Diachka 66]

2 minutes ago, Jenny17655 said:

Yes you should def say you misrepresented yourself.  And you should also tell them you stole candy when you were 6 because they will also ask if you committed any crimes even if you were never caught. Confess all of your sins woman the truth shall set you free

I appreciate your sarcasm 😁

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.