I need some advice on my situation, please!

[Jenny82]

I met my fiance (he is from India and I am a US citizen) in the US when he was here on a R-1 Religious Visa. His visa was valid for 3 years and he did not overstay - he returned to India a few weeks before his visa expired. Now we would like to get married and live in the US, and I would like to bring him back here on a K-1 Fiance Visa.

The problem is this: a few years ago, when he applied for his R-1 visa, he indicated that he was married even though he was in fact single. (He did this because someone told him that his visa was more likely to be approved if he were married, as the embassy would see it as a reason for him to return to India and not want to stay permanently in the US.)

If we apply now for a K-1 visa and indicate his true status of single, will they compare it to the info he put on the R-1 application years ago? Will this be a problem for us and delay or cause our K-1 to be denied? If so, how should we handle this?

We are very much in love and want to get married and be together. When he made this mistake a few years ago, he was not thinking that he was going to fall in love and want to marry a US citizen.

Any advice on this matter would be very much appraciated!

[khuramrali]

yes they will he have to get a divorce from immaginary wife and show that he is divorce. but still make sure from other threads if i m wrong let me no for my knowledge.

i did aplied for k1 visa for my girl on Oct 29 2009
she was here on work visa 2

[Jenny82]

Um, what? Are you serious in your reply?

[khuramrali]

yes but tell how did he prove that he was married tell hime to do same for getting divorce cause u have to file divorce papper for proof

[Kariboo]

No. The problem is he lied to get a visa in the first place. This is serious.

Lying again to get a new visa is not an option. He will have to 'fess up to USCIS.

Get an immigration attorney and discuss this with him/her. Then come up with a plan to address this with USCIS

[Kariboo]

From the webz

Fraud / Misrepresentation

Any applicant who has obtained (or sought to obtain) an immigration benefit or admission to the United States through fraud or misrepresentation may be declared inadmissible. Lying to immigration or border officials, presenting false documents, or even failing to disclose certain information on an immigration application form can trigger inadmissibility. Applicants who have made false claims to U.S. citizenship or who have been prosecuted for document fraud under the INA will also face similar problems.

Waivers are available to overcome most fraud-based inadmissibility charges in non-immigrant and immigrant visa applications. In some cases where government allegations of fraud are unsubstantiated or clearly erroneous, it may even be possible to challenge these allegations as part of, or in addition to, a waiver application. Applicants for adjustment of status or immigrant visas must have a U.S. citizen or lawful permanent resident spouse or parent to qualify for a waiver.


So it seems you need to be looking at a waiver of inadmissibility

Looking further I find this:
Among the more common grounds of inadmissibility faced by visa applicants is misrepresentation. The immigration law defines misrepresentation as seeking to procure a visa, other documentation or admission into the United States (or other immigration benefits) by fraud or willfully misrepresenting a material fact. Generally, material facts include facts that directly relate to eligibility for a particular visa classification.


I don't know how your boyfriends lie pertains to that. Mayby married/unmarried is not a material act in his earlier visa. I don't know

Again my best advise is to consult an attorney
Good luck

[Bernie31]

Wow. One lie and another contemplated to override the first one.

I would first bonk your guy on his head - He had a successful R1 to begin with and did not overstay. That establishes his bonafides for a second one. So, why did someone give that stupid advice and then again why did he listen to that stupid stuff?

Second, get a good lawyer to help sort this out without having to fall on one's sword with a second fib.

Third, just don't hire my guy