Marcus

Our K1 Visa was denied at the embassy for overstaying a waiver visa
two years ago ( the overstaying was 2 years and 1 month). The visa was
approved at the interview; but when we went to pick it up the next day
the council told us that we had lied in the application because they
had an e.mail from a company that my fiancee had worked for stating
that she has work for that company. There were two reasons why we did
not say that she has overstayed her visa 1)we did not know that there
was such a thing as a waiver 2)I have threatening emails from her
former boss that if I was going to try to bring her to the states he
will report me to the State Deparment and put me on jail. So we though
that the only way to be together here in USA was to hide the truth and
hoppe for the best. We have not received anything from the embassy
yet.

My questions are: 1)will we be able to appeal the revocation? 2)if we
are able to appeal what are the chances of a favorable outcome? 3) My
fiance has double nationality. Any other way that we can be together
here?

Thanks to anyone that can help shed some light on this.

Marcus

crg

They didn't just deny it for the overstay, they also denied it because you lied on the visa application. That's fraud. It's the worst type of fraud because is was a misrepresentation of a material fact to obtain a benefit. Had you answered truthfully they would have known not to issue you the visa without a waiver first. If she ever applies for admission at the border again, even if she becomes Canadian and just wants to visit or something, she can be subjected to expedited removal for the past fraud.

She also has a 10 year bar for her overstay if it was after April of 1997. They may have granted the waiver for the overstay, but the visa fraud is much more serious and carries a lifetime bar. If you lied on one part of the application they are going to assume that everything could be bogus as well. They may eventually grant a waiver, but not for a while.

She probably needs a waiver of 212(a)(9)(B)(ii) and 212(a)(6)(C)(i) of the INA.

The double nationality doesn't make any difference.

You can file a waiver application to overcome the two grounds of inadmissibility, along with a new fiance visa application. I have no idea how long it would take to get the waiver. I know for criminal waivers they want to see that you can be off any sort of sentence or probation for at least 3 years.

Olivier Wagner

By overstaying by 2 years, you have a ban of 10 years on any
non-immigrant status. By lying, you have additional troubles.
I suggest you to marry abroad and then apply for an immigrant visa,
the ban doesn't apply in this case. But it may still be refused
because of your lie.

Good luck,


[email protected] (Marcus) wrote in message news:<[email protected]. com>...
    > Our K1 Visa was denied at the embassy for overstaying a waiver visa
    > two years ago ( the overstaying was 2 years and 1 month). The visa was
    > approved at the interview; but when we went to pick it up the next day
    > the council told us that we had lied in the application because they
    > had an e.mail from a company that my fiancee had worked for stating
    > that she has work for that company. There were two reasons why we did
    > not say that she has overstayed her visa 1)we did not know that there
    > was such a thing as a waiver 2)I have threatening emails from her
    > former boss that if I was going to try to bring her to the states he
    > will report me to the State Deparment and put me on jail. So we though
    > that the only way to be together here in USA was to hide the truth and
    > hoppe for the best. We have not received anything from the embassy
    > yet.
    >
    > My questions are: 1)will we be able to appeal the revocation? 2)if we
    > are able to appeal what are the chances of a favorable outcome? 3) My
    > fiance has double nationality. Any other way that we can be together
    > here?
    >
    > Thanks to anyone that can help shed some light on this.
    >
    > Marcus

LucyMO

As far as I know the bar applies to immigrant visas as well.

Immigration News

You screwed up bigtime. Now, you need a fraud waiver as well champ. If you
get her here in 5 years you will be lucky. Consider moving to another
country to be with her
"Marcus" <[email protected]> wrote in message
news:[email protected]...
    > Our K1 Visa was denied at the embassy for overstaying a waiver visa
    > two years ago ( the overstaying was 2 years and 1 month). The visa was
    > approved at the interview; but when we went to pick it up the next day
    > the council told us that we had lied in the application because they
    > had an e.mail from a company that my fiancee had worked for stating
    > that she has work for that company. There were two reasons why we did
    > not say that she has overstayed her visa 1)we did not know that there
    > was such a thing as a waiver 2)I have threatening emails from her
    > former boss that if I was going to try to bring her to the states he
    > will report me to the State Deparment and put me on jail. So we though
    > that the only way to be together here in USA was to hide the truth and
    > hoppe for the best. We have not received anything from the embassy
    > yet.
    > My questions are: 1)will we be able to appeal the revocation? 2)if we
    > are able to appeal what are the chances of a favorable outcome? 3) My
    > fiance has double nationality. Any other way that we can be together
    > here?
    > Thanks to anyone that can help shed some light on this.
    > Marcus