After k1 second interview

[King's 1]

40 minutes ago, Nitas_man said:

 

Claiming married when not on a B application is classic material misrep and mentioned on several immigration law sites.  It usually meets all three standards: “willful”, “intent to deceive”, and “material”.  

 

Intent applies when you were denied the benefit.

 

It does not matter if it had been a spousal visa.  To get a spousal visa you have to bring divorce decrees for the previous marriage disclosed at the last interview to the spousal visa interview.  

 

You would still be in the same place you are today.

 

https://dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-immigration-fraud-or-misrepresentation-and-how-do-you-get-it/

 

This is (some) information on the process.  Basically and in summary your USC petitioner has to prove extreme personal hardship if you are not allowed to enter the US.  That is very difficult if you are not the family breadwinner or caretaker or somehow critically connected to the household.  

 

Fiances rarely are and marriage after this is caught then a claim of extreme hardship afterwards pretty much smells like it sounds when I type it.

 

Good luck!

 

 

 

 

 

 

Well there are still thousands of people that made the mistake and were not put in the position you are seriously pointing at.. You sound so bitter man..!!and so you know, I was asked if I have a prove that I have never been married before which I had with me...and I have not gotten the final decision yet so until then I still stay so positive man...once again thanks. 

[Nitas_man 3,100]

1 minute ago, King's said:

Well there are still thousands of people that made the mistake and were not put in the position you are seriously pointing at.. You sound so bitter man..!!and so you know, I was asked if I have a prove that I have never been married before which I had with me...and I have not gotten the final decision yet so until then I still stay so positive man...once again thanks. 

Deliberate lying is not a “mistake” and yes there are thousands of players and scammers out there.  So what.

 

Again, good luck

[geowrian 22,335]

6 hours ago, King's said:

Thanks for your answer! But do you think a spousal visa would have made the difference? and if I had the interview at my home country?do you think it could be "? deemed material"? Because towards the end of the interview the CO gave me this paper to write and sign that some of the information I put in the first application was not true, and I got a bit hesitant but she said that I don't have to but that it's really going to help if I do write it and sign. 

It may have helped a little, and provides a process for reaffirmation of the petition in the event it is sent back due to not showing a bona fide relationship. It does not change the misrepresentation issue nor the need to show that a previous marriage was dissolved.

It would make no difference where you interview for those items either.

 

2 hours ago, King's said:

and so you know, I was asked if I have a prove that I have never been married before which I had with me...and I have not gotten the final decision yet so until then I still stay so positive man...once again thanks. 

What "proof" do you have that you never married? That's trying to prove a negative.

[SalishSea 16,746]

6 hours ago, King's said:

Well there are still thousands of people that made the mistake and were not put in the position you are seriously pointing at.. You sound so bitter man..!!and so you know, I was asked if I have a prove that I have never been married before which I had with me...and I have not gotten the final decision yet so until then I still stay so positive man...once again thanks. 

I don't think you quite understand that lying on US visa applications is quite serious and can cause you to become permanently banned.   Its great if you can show that you were not ever married, but the fact that you LIED about it is not erased by that.  

 

No one here is being bitter.  Feel free to stay positive.  You asked for feedback on your situation, and you're getting it.

[Shiran 1,134]

Based on the OP post they seem to be more interested verifying that relationship with current petitioner is bona fide, and not about some some fibbing on tourist visa that was disclosed before. I highly doubt they would've done some version of Spokes process on 2nd interview if their intent was to just deny it. The discrepancy was disclosed during first interview, so if their intent was deny due to that, they could've done it there and then, instead it went into AP, and 2nd interview involving USC. They just need sit put and wait, and see what develops. It is out of their hands now until they hear something back. 

[geowrian 22,335]

28 minutes ago, Shiran said:

Based on the OP post they seem to be more interested verifying that relationship with current petitioner is bona fide, and not about some some fibbing on tourist visa that was disclosed before. I highly doubt they would've done some version of Spokes process on 2nd interview if their intent was to just deny it. The discrepancy was disclosed during first interview, so if their intent was deny due to that, they could've done it there and then, instead it went into AP, and 2nd interview involving USC. They just need sit put and wait, and see what develops. It is out of their hands now until they hear something back. 

Actually, it's both.

First the CO must determine eligibility for the visa. This includes having a bona fide relationship. That does seem to be a concern given the 2nd interview.

Once that hurdle is passed, then they will look at an inadmissibility.

They would not skip the 2nd interview even if they were 100% sure the visa would be refused due to an inadmissibility (waivable or otherwise).

 

Edit: To be clear, I'm not saying if there is an inadmissibility either way...depends on if the misrep was material or not. But that is the flow of events.

Edited January 27, 2019 by geowrian

[King's 1]

17 minutes ago, Shiran said:

Based on the OP post they seem to be more interested verifying that relationship with current petitioner is bona fide, and not about some some fibbing on tourist visa that was disclosed before. I highly doubt they would've done some version of Spokes process on 2nd interview if their intent was to just deny it. The discrepancy was disclosed during first interview, so if their intent was deny due to that, they could've done it there and then, instead it went into AP, and 2nd interview involving USC. They just need sit put and wait, and see what develops. It is out of their hands now until they hear something back. 

Thank you so much!! 

[ineedadisplayname 442]

On 1/26/2019 at 3:21 PM, King's said:

Oh man why are you soo hard on me.. You don't even know the situation why that happened,you never met me before..that was my first time of ever applying for a visa.. Well thanks for your input though.. 

Wow,

It doesn't matter why it happened. What matters is that you shouldn't lie and stuff on a visa application. Being coached is not an excuse...

Grow up and take responsibility of what you did. Can't change that now. Not sure if the embassy cares about why you marked that box married, maybe they do care, maybe don't....

 

Just getting married and filing for CR1 won't make you admissible. You need to figure out what happens with the K1 first.  After that you can come up with a plan....