Misrepresentation - ban for life?

[BrianUSA 35]

I am an American citizen and I applied for my wife to get a visa

We met 3 years ago when she visited and then she visited again a year ago and we got married.

we don't have any proof that we met 3 years ago, we hardly took any photos back then and I can't find those that we took.

with our petition we sent some recent photos and a letter from my brother who said in his letter that we met 3 years ago.

My wife's interview is next month.

What happens if they think that we lied? will she be banned for life? is there a waiver?

I read that they might accuse her of misrepresentation and then it's a ban for life?

 

[Daphne . 1,638]

Misrepresentation means lying about/not disclosing a criminal record for example. The issue that you describe sounds nothing like misrepresentation so please relax! 😉

The night I met my now husband, I did not gather evidence of that either!

I assume you have stayed in touch in between meeting and getting married? There’s your evidence! 👍🏻

 

[BrianUSA 35]

2 minutes ago, Daphne K said:

Misrepresentation means lying about/not disclosing a criminal record for example. The issue that you describe sounds nothing like misrepresentation so please relax! 😉

The night I met my now husband, I did not gather evidence of that either!

I assume you have stayed in touch in between meeting and getting married? There’s your evidence! 👍🏻

 

we sent some text messages between us on whatsapp but I have her saved as "my love" and it doesn't show her name, I don't know what I was thinking back then but I didn't notice that, they might think this is not even her, am I overthinking? 

Also there's a conversation there where I said to her (after texting for so long) "we should just get married at this point" and then she replied with LOL, they might think that we plotted this or something? I am worried.

[Crazy Cat 39,190]

I would be more concerned with the lack of evidence creating a doubt about a bona fide marriage rather than misrepresentation.  Your strongest evidence is of time actually spent together.......Personal affidavits are of little value as anyone can produce an affidavit declaring anything.......In the event the Consulate Officer suspects you do not have a bona fide relationship, he/she can either ask for more evidence or return your case to USCIS for reaffirmation.........I would start generating some legal documentation attesting to the marriage such as wills, insurance paperwork, etc......and a solid record of continuing communication to bolster the evidence package.......otherwise, you could be looking at a long, uphill battle.....good luck.

[Daphne . 1,638]

29 minutes ago, BrianUSA said:

we sent some text messages between us on whatsapp but I have her saved as "my love" and it doesn't show her name, I don't know what I was thinking back then but I didn't notice that, they might think this is not even her, am I overthinking? 

Also there's a conversation there where I said to her (after texting for so long) "we should just get married at this point" and then she replied with LOL, they might think that we plotted this or something? I am worried.

This is not the stuff to worry about. So what if you thought ahead? Or did she enter the US on a tourist visa with the intent to stay? Where is she now?

 

Please read @missileman ‘s post and make sure that you 2 are able to show an ongoing, bonafide marriage. This includes as much face to face time as possible. 

[BrianUSA 35]

3 minutes ago, Daphne K said:

This is not the stuff to worry about. So what if you thought ahead? Or did she enter the US on a tourist visa with the intent to stay? Where is she now?

 

Please read @missileman ‘s post and make sure that you 2 are able to show an ongoing, bonafide marriage. This includes as much face to face time as possible. 

She is in her country, she didn't stay

we only spent 2 months together this time she came and got married and another one week trip to Europe, is this enough?

[Crazy Cat 39,190]

1 minute ago, BrianUSA said:

She is in her country, she didn't stay

we only spent 2 months together this time she came and got married and another one week trip to Europe, is this enough?

Where will her interview take place?

[BrianUSA 35]

1 minute ago, missileman said:

Where will her interview take place?

In her country, Portugal 

[Crazy Cat 39,190]

1 minute ago, BrianUSA said:

In her country, Portugal 

With little evidence of a bona fide marriage, your being there for the interview would be very beneficial.

[BrianUSA 35]

1 minute ago, missileman said:

With little evidence of a bona fide marriage, your being there for the interview would be very beneficial.

The US citizen is not allowed to come anyway

[BrianUSA 35]

How can there be a lot of evidence if we don't live together? 

[Crazy Cat 39,190]

1 minute ago, BrianUSA said:

The US citizen is not allowed to come anyway

It is good evidence when your wife shows the Consulate Officer your passport and says "My Husband is just outside waiting for me"......

[Crazy Cat 39,190]

3 minutes ago, BrianUSA said:

How can there be a lot of evidence if we don't live together? 

You don't need evidence that you lived together......You need evidence that you have a bona fide marriage.....a marriage of 2 people living in different countries.........You need evidence that you have spent time together (more is better) and that you have had continued communication...

Edited July 27, 2019 by missileman

[BrianUSA 35]

3 minutes ago, missileman said:

You don't need evidence that you lived together......You need evidence that you have a bona fide marriage.....a marriage of 2 people living in different countries.........You need evidence that you have spent time together (more is better) and that you have had continued communication...

So she can bring photos from our honeymoon and new chat logs, hotel receipt maybe?

[Daphne . 1,638]

1 minute ago, BrianUSA said:

So she can bring photos from our honeymoon and new chat logs, hotel receipt maybe?

Yes, you are thinking in the right direction 👍🏻