chennai2009

Facts:
1.Got married on Mar 2008
2.Wife tried to get visitor visa on Oct 2008 claiming she is single. Visa was denied because they said she is potential immigrant.
3.I filed I-130 after I became citizen and I-130 got approved. I put in the original marriage date which is Mar 2008.
4.The paperwork is in NVC. NVC will forward the paperwork to consulate abroad and my wife will to for immigrant visa.

Question: Will my wife get immigrant visa because she misrepresented the facts when she tried for visitor visa? She said she is single at that time but she was married. consulate will have these dates in its database, they will question her why she said she was single when she applied for visitor visa?

Noorah101

They might. The ConOff's can ask anything they want. Why did she say she was single?

But, since the denial of the visitor visa was because she was a potential immigrant, at least she does not face a denial of the Immigrant Visa for that reason.

Rene

meauxna

I'd suspect it's a problem that she lied on a previous application. If I were you two, I'd want more information before going in for an interview, and some legal advice on the best way to handle it.

ian-mstm

Lying to a US immigration official might result in a permanent ban from the US.

Ian

chennai2009

I admitted in the first posting that she misrepresented the facts in the application form in visitor visa. I have been told by some people in the online forum that consulate officer usually overlook this fact because they know people usually misrepresent the facts in non-immigrant visa and it is no big deal.
When we fill out the immigrant visa form, there was not a single questions like, have you applied for a visa before??....So basically in the immigrant process, there are no misrepresentation, only facts.
The only thing, she said she was single. Do you guys think they will decline her the immigrant visa just because of this?

ian-mstm

Which online forum? Certainly not this one... we know better than to minimize a potentially serious situation.

Ian

chennai2009

OMG, now I am getting worried, Yes she misrepresented one fact, but what difference does it make since she was never issued visitor visa? They said she was potential immigrant, may be they knew she was married, so they thought she is potential immigrant?

Again, in the immigrant visa process, all facts are facts so I assume they would act on the immigrant visa petition and application only and not the visitor visa application?

chennai2009

Ian, is this your opinion or do you know for sure? I still dont understand why she will not get it since there are no lies in the current application.

The reason why she had to misrepresent in visitor visa is she was so desperate to join me. It already happened. We can not go back and correct it. So what are the consequences....

Sally Redux

What are we all worried about then?

lansbury

She did not have to lie on her visitor visa application she chose to do so. The consequences from none at all to she will be denied this visa. You need to see a lawyer.

Noorah101

Just to be clear, she did not have to misrepresent. She chose to. And it still didn't get her out of the desperate situation, and might have made things worse.

Unfortunately, there is NO way for us to know what will happen at her interview. She should answer only the questions asked of her, she should not offer extra information, and she should NOT LIE this time. If they do ask about the previuos visitor visa, if the specifically asked if she stated she was single when she was actually married, she should admit to it and tell the truth.

I do not know what the outcome will be if that happens, but regardless of the outcome, make sure she does not lie this time.

Rene

ian-mstm

For some reason, you seem to think that all that is important, is the current application. At some point in the recent past, she lied to an immigration officer in order to receive an immigration benefit. That lie can't be undone just because you have a new application.


The US doesn't care why she did it. US immigration is not known for its understanding or compassion.


I have already told you what the consequences might be.

Ian

nettlebed

See this page, especially the third paragraph:

For example, it would be a "material" misrepresentation if an applicant for a visitor’s visa tells the official at the U.S. Embassy that he is not married when in fact he has a wife who lives in the U.S. That is because he may not really intend to visit, but to live with his wife indefinitely in the U.S. It is a "material" misrepresentation" because the Embassy official might not give him the visitor’s visa if she knew that he had a wife in the U.S.

There is no guarantee that she will face a lifetime ban, but it is one possible outcome. The best way to avoid that outcome is to get an attorney who has dealt with this sort of case before.

Oh, and a great way to ensure that outcome does happen is to continue to lie. Make sure she understands that. The US authorities are not playing games here: people can and do get lifetime bans for lying to obtain US immigration benefits.

chennai2009

Visitor visa was never given so there is no "material" misrepresentation. I will keep you guys posted what happens at the interview which I assume will take one more month. Thanks for all the responses. I got to say I am worried now.

Noorah101

The material misrepresentation was on the application for the visa, even if the visa was never granted. I assume the embassy keeps a record of all visa applications, and can check it out if they want to.

Rene