Asking for a Relatives - Withdrew Application at Airport

[SJordanS 342]

Hi All,

 

Asking this question for my relative.  She got married earlier this year. Her husband was still here on B1 Visa when they got married. They only went as far as applying for marriage certificate and then he decided to fly back home to go see friends family and pretty much pack up his belongings to head back to the states. They did not file for adjustment of status prior to him leaving the states . Coming back, he got to the airport and they stopped him. Issued a notice: 212 (7) (12) (i) (I).  They said he was on month 5 of his 6 month visa and he should not have stayed that long. DHS at the airportt encouraged him to withdraw the visa and reapply and he ageeed to withdraw. However he’s going to reapply and be interviewed once again. He’s not planning on telling the consulate that he got married in the states and they seem to think that its ok and they’ll be able to get the new B1 again since he goes and comes quite a bit in the last 5 years because of his previous job.  They seem to feel they will have no problem getting the B1 again and avoiding a long process.  I have encouraged her to apply for the I-130 at this point while he is there but..... they have decided to just let him come back in as a tourist and never mentioning the marriage. What do you all think?  

 

 

[SalishSea 16,770]

12 minutes ago, SJordanS said:

Hi All,

 

Asking this question for my relative.  She got married earlier this year. Her husband was still here on B1 Visa when they got married. They only went as far as applying for marriage certificate and then he decided to fly back home to go see friends family and pretty much pack up his belongings to head back to the states. They did not file for adjustment of status prior to him leaving the states . Coming back, he got to the airport and they stopped him. Issued a notice: 212 (7) (12) (i) (I).  They said he was on month 5 of his 6 month visa and he should not have stayed that long. DHS at the airportt encouraged him to withdraw the visa and reapply and he ageeed to withdraw. However he’s going to reapply and be interviewed once again. He’s not planning on telling the consulate that he got married in the states and they seem to think that its ok and they’ll be able to get the new B1 again since he goes and comes quite a bit in the last 5 years because of his previous job.  They seem to feel they will have no problem getting the B1 again and avoiding a long process.  I have encouraged her to apply for the I-130 at this point while he is there but..... they have decided to just let him come back in as a tourist and never mentioning the marriage. What do you all think?  

 

 

So they’re going to lie?  Marital status is asked on the DS-160.  Not smart.  We have seen people here receive lifetime bans for that exact type of fraud.

[Going through 5,668]

25 minutes ago, SJordanS said:

What do you all think?  

I think he believes he's smarter than he actually is.  I assume his plan is to file for AOS when he's here "visiting".

 

 

Edited June 17, 2019 by Going through

[SJordanS 342]

49 minutes ago, Jorgedig said:

So they’re going to lie?  Marital status is asked on the DS-160.  Not smart.  We have seen people here receive lifetime bans for that exact type of fraud.

Yep. They are retty much going to lie!  I told her what did your lawyer tell you to do and she said her lawyer told her to just do the B1 visa. I think she’s lying. Thank you for reminding me about the DS-160. That’ll make them tell the truth. 

[SJordanS 342]

53 minutes ago, Going through said:

I think he believes he's smarter than he actually is.  I assume his plan is to file for AOS when he's here "visiting".

 

 

They were supposed to have filed AOS after marriage.  I attended their wedding and in fact I told her once you’re done honeymooning contact me and I will tell you which documents to download to apply for his AOS. Never heard from her. Then next thing you know I get a text message from her saying that they rejected his  entry to US.  She showed me the papers that he text her from the DHS officer at the airport.  He lied to the officer and said he was coming back to visit never told the officer he was married. The officer told him he need to reapply for a new B1 Visa and gave him a list of items he would need to provide after re-applying.  Also whag caught the officers attention is the fact that the ticket a return on a RT purchased here from the states without a new ticket to be back before 6 months. They didnt think this through. 

[Going through 5,668]

34 minutes ago, SJordanS said:

 I told her what did your lawyer tell you to do and she said her lawyer told her to just do the B1 visa. I think she’s lying.

Well...she might not be.  

 

Wouldn't be the first time a lawyer gave a client advice in support of committing immigration/visa fraud. 

The lawyer collects his fee regardless of any ensuing consequence.

[Dashinka 23,245]

32 minutes ago, SJordanS said:

They were supposed to have filed AOS after marriage.  I attended their wedding and in fact I told her once you’re done honeymooning contact me and I will tell you which documents to download to apply for his AOS. Never heard from her. Then next thing you know I get a text message from her saying that they rejected his  entry to US.  She showed me the papers that he text her from the DHS officer at the airport.  He lied to the officer and said he was coming back to visit never told the officer he was married. The officer told him he need to reapply for a new B1 Visa and gave him a list of items he would need to provide after re-applying.  Also whag caught the officers attention is the fact that the ticket a return on a RT purchased here from the states without a new ticket to be back before 6 months. They didnt think this through. 

It is only lying if the officer actually asked him if he was married.  No one is required to offer information at the POE, they are only required to tell the truth of what is being asked.  That being said, this whole thing is fishy and smells of a couple looking to cut the line so-to-speak.

39 minutes ago, SJordanS said:

Yep. They are retty much going to lie!  I told her what did your lawyer tell you to do and she said her lawyer told her to just do the B1 visa. I think she’s lying. Thank you for reminding me about the DS-160. That’ll make them tell the truth. 

It is good you are trying to educate them, hopefully they will listen to you as the I130 is really their only option right now if the husband wants to come back and become an LPR.  He can certainly try for a new B2, but it may be tougher for him, and if he doesn't disclose the marital status on the DS160 and gets the B2 and tries to AOS, he may face major issues.  Is your relative willing to join her husband outside the US if their scheme is unraveled?  Yes, lying on the DS160 (if this is what they do) will never come back to haunt them...

 

 

[SJordanS 342]

4 minutes ago, Bill & Katya said:

It is only lying if the officer actually asked him if he was married.  No one is required to offer information at the POE, they are only required to tell the truth of what is being asked.  That being said, this whole thing is fishy and smells of a couple looking to cut the line so-to-speak.

It is good you are trying to educate them, hopefully they will listen to you as the I130 is really their only option right now if the husband wants to come back and become an LPR.  He can certainly try for a new B2, but it may be tougher for him, and if he doesn't disclose the marital status on the DS160 and gets the B2 and tries to AOS, he may face major issues.  Is your relative willing to join her husband outside the US if their scheme is unraveled?  Yes, lying on the DS160 (if this is what they do) will never come back to haunt them...

 

 

 It’ll be very hard for her to join him as she is currently pregnant right now. I hope they come to the realization that they could possibly lose everything they started and they should end up doing the I 130. I’m going to share everyone’s feedback with her and have her seek another lawyer‘s opinion. I hope she listens to reason. 

[SusieQQQ 11,584]

I presume they have a plan B for if/when the new B visa application is rejected?

[SJordanS 342]

6 minutes ago, Bill & Katya said:

is

 

6 minutes ago, Bill & Katya said:

It is only lying if the officer actually asked him if he was married.  No one is required to offer information at the POE,

He did lie. DHS asked him what was the purpose of you returning to the states. He said just to visit friends. 

[belinda63 2,981]

When it comes time for the AOS interview he will be asked why he lied about his marital status on the B1 application. This would be considered a material misrepresentation since he lied to obtain the tourist visa. That could result in a life-time ban. Note this it not the same as entering with the intent of AOS but it is an intentional misrep. Lying on any paperwork or during an interview is subject to criminal action. Also this could follow him all his life. If he manages to get his 2 year green card he could be denied when he removes conditions for the misrepresentation. If he makes it that far he could be denied citizenship. They could come after him after he is a citizen since he obtained that status by misrepresentation.

AND this is not a good way for him to start his life in the US. 

[Going through 5,668]

What I don't understand is that he has a perfectly legal avenue available to him to immigrate----and he's instead going to choose to knowingly misrepresent himself and chance blowing it all away and risk a lifetime ban instead.

 

His intentions are also basically one of the reasons why it's so difficult for honest people to get a tourist visa.

Edited June 17, 2019 by Going through

[Sextus Empiricus 15]

2 hours ago, SJordanS said:

DHS at the airportt encouraged him to withdraw the visa and reapply and he ageeed to withdraw. However he’s going to reapply and be interviewed once again.

😂🤣😂 The probability he gets approved is as close to zero as one can get asymptotically, especially in these immigration times. 

 

Please update us how it went down afterwards.

Edited June 17, 2019 by Sextus Empiricus

[SJordanS 342]

9 minutes ago, Going through said:

What I don't understand is that he has a perfectly legal avenue available to him to immigrate----and he's instead going to choose to knowingly misrepresent himself and chance blowing it all away and risk a lifetime ban instead.

 

His intentions are also basically one of the reasons why it's so difficult for honest people to get a tourist visa.

His wife excuse is that he can get married on this type of “B” Visa  it is for business and pleasure. She says once you get to interview status if they ask him if he is married at that point he will not lie and say yes she was married. But I think we forgot the part about the DS – 160. Because Wayfare once he entered marital status back in to qualify him.  

[Dashinka 23,245]

12 minutes ago, Going through said:

What I don't understand is that he has a perfectly legal avenue available to him to immigrate----and he's instead going to choose to knowingly misrepresent himself and chance blowing it all away and risk a lifetime ban instead.

 

His intentions are also basically one of the reasons why it's so difficult for honest people to get a tourist visa.

I understand what you are saying, but there are always going to be folks out there willing to take the risk of cutting the line.