chennai2009

would NVC checks this info before they pass it on to consulate? or will this be detected only at at consulate?

ian-mstm

Either you are being deliberately obtuse, or you are a fool. Whether the visa was granted or not doesn't matter... she lied on the application form. It's there... in writing; in black and white. To paraphrase Lady Macbeth, what's done is done... and cannot be undone.

Ian

Noorah101

I have no idea at what point it can / could / might be detected. Does it matter?

Rene

nettlebed

Your wife made a material misrepresentation in an attempt to get into the US, and USCIS can prove this. In these circumstances your wife now needs to be granted a waiver to enter the US. The particular waiver your wife needs will only be granted if refusal to do so would result in extreme hardship to a US citizen or LPR (any potential hardship to her in this situation is irrelevant).

Go back to that page I linked to, and read it in detail. Specifically read this:

There is no waiver for a person who is inadmissible because of a misrepresentation and who wishes to immigrate (i.e., get a green card), unless that person is the spouse or child of a U.S. citizen (USC) or lawful permanent resident (LPR). In that case, the person seeking the waiver must demonstrate that denial of the green card would result in "extreme hardship" to his USC or LPR spouse or parent. "Extreme hardship" is very difficult to prove.

You should be worried. In fact, you should be so worried that the very next thing you do is start trying to find a lawyer who can help you out of this mess. Alternatively, you can plan on moving to Chennai if you want to live together.

This may sound harsh, but your situation is a very difficult one, and nobody would be doing you any favors by sugar-coating the facts.

jeffreyhy

c,

Yes, there was a material misrepresentation. The decision on the visa application does not change the circumstances relevant to the misrepresentation.

Rene has already give the best possible answer to your original question in her post #11 in this thread - you won't know the effect of this until the consular officer who handles the immigrant visa application has made their decision on that application, and that decision has been affirmed by the consular officer's superiors.

Regards, JEff

chennai2009

Just wanted everyone to know that my wife did get her immigrant visa today.
Officer did ask her if she was married at the time visitor visa was applied, my wife said "yes", after other questions, officer granted the visa.
She will be joining me in two weeks.

S Folinsky

Congratulations.

Query: did you ever contact a lawyer as recommended? I saw no mention of the complicated area of "timely retraction." Just curious.

chennai2009

Dont know what you meant by timely retraction??? Everyone here said that my wife will have "life time bar" and she might have to appeal the decision. We were getting ready to appeal if it gets rejected. But fortunately she was granted the visa. Officer did ask her if she was married when she applied for tourist visa, and my wife said "yes" . That was the only question they asked about the issue which we feared so much after hearing the advice from this group.
I guess we just got lucky.

chennai2009

Forgot to answer your question, no we did not contact lawyer, we were getting ready to appeal the decision if the visa gets rejected. But it was not.

meauxna

I thought I did mention it to you at the time.. perhaps no one ever wrote it out because you assured us you were getting legal help before her interview.

Not 'everyone' said your wife WILL have a life time bar. But before you get too comfortable, you should know that immigration benefits can be taken away if they find out that they were issued on a lie or false premises.

Lucky, I hope!

jeffreyhy

c,

I don't know about "lucky". In addition to the mentioned issue of "timely retraction" there may also be an issue of "material misrepresentation" v "misrepresentation".

When my wife applied for her K visa she answered 'No' to the question "Have You Ever Been Refused a US Visa?" Not true. I had filled out her forms for her, she'd never told me she'd applied for a B2 visa and had been refused, and she didn't catch the error when she signed the form. At her K visa interview one of the questions she was asked by the interviewer was, "have you ever applied, and been refused, for a visa". She answered "yes" and told the interviewing officer about the B2 application. Timely Retraction. And, I was later told by my friend the immigration attorney, although marking 'No' on the DS-156 was a misrepresentation it was not a material misrepresentation.

You have not told us, that I've seen, whether your wife admitted to being married when she was interviewed for her B2 visa, or if the admission didn't come until her immigrant visa interview. You said only that the B2 application was denied because she hadn't convinced the interviewing officer that she wasn't intending to immigrate. In any case, the next time you're talking with your friendly neighborhood immigration attorney, relate your story - the whole story - and ask what role these two concepts may have played in your wife's case.

Regards, JEff

lostlove

Yes I agree! Chennai this is a forum to warn posters of what can go wrong, especially to the ones who think they are above the law. We do not aid and abet ideas that are based on lies and fall short of ethics

An little answer like a "yes" or "no" can turn its ugly head to challenge her someday.

chennai2009

Thanks, I understand what might have happened. At the beginning of this post, I used the word "misrepresentation" without knowing the complete details.
When my wife went to tourist visa interview, there was not a single question about her marital status. But she did say in the application that she was single. They told her that she is a potential immigrant so they declined the visa. Again, nobody asked her if she is single or married. I dont want to use any legal word for this, but I would say this is the only major mistake she made.
When she went to immigrant visa interview, officer did ask her if she was married when the tourist visa was denied. She said "yes". After this answer, my wife told me that the officer did work on his computer for 5 minutes. That is the only question he asked related to this issue. All other questions are about our relationship. at the end of the interview, officer said her case is approved.
I have advised her to be truthful and told her we can appeal the decision if they decline the visa. She made one mistake while filing out the tourist visa application and she lived in fear for more than a year.

This is what happened, I am sorry if I was not clear before.

chennai2009

[QUOTE=meauxna;8476820

Not 'everyone' said your wife WILL have a life time bar. But before you get too comfortable, you should know that immigration benefits can be taken away if they find out that they were issued on a lie or false premises.

Lucky, I hope![/QUOTE]
you are right, not everyone said she would get life time bar, but in our minds we were expecting a life time bar. I also know immigration benefits can be taken away if we lie during the interview. I was truthful as a petitioner and I made sure my wife told the truth during the interview.
The only issue is tourist visa application my wife filled out which officer did ask about and my wife said she was married when she went to tourist visa. But the officer did not ask why she filled out the form as "single" . He moved on to other questions about our relationship.

jeffreyhy

c,

Sounds to me as though your wife may have made a timely retraction. I don't know if her misrepresentation was material or not, material to the B2 visa application or material to the immigrant visa application.

But in any case I'm not qualified to render an opinion on these things. I'm just raising the points as things to think about.

Regards, JEff