Question about previous Visa entry

J

justjake

New Member
My girlfriend from China was denied a visitor's visa 3 times, 2011, 2014, and 2016. The reason for denial was that there were no significant ties to keep her in China and nothing prevented her from trying to immigrate to the US. The 4th time, the agency she used to fill out the visa, said she was married, with kids, and an intermediary company vouched for it., and she was granted a visitor visa for 10 years. She is not married, and has no kids.
That leads us to our current dilemma.
We would like to marry, and am not sure how this will affect the process. The plan we have right now is for a K-1 visa, and getting married within 90 days of her arrival.
Side note, she has been in the US for almost 6 months, and is shortly heading back to China. I will be visiting her next March, and hope to propose at that time.
Can anyone offer any insight on what to expect or explain how behind the 8ball we are?
thanks
 
She’ll face a potential ban on admission to the US for the misrepresentation, and you may have to file a waiver to overcome that. Suggest you retain an attorney.
 
Susie, thank you for your reply. Do you think we should wait to see if she is denied before filling out the waiver or should we have it ready to submit in such a case?
I've gotten a phone number for a immigration lawyer, just curious to see how far along in the process we can make it before a lawyer is utilized.
 
justjake said:
Susie, thank you for your reply. Do you think we should wait to see if she is denied before filling out the waiver or should we have it ready to submit in such a case?
I've gotten a phone number for a immigration lawyer, just curious to see how far along in the process we can make it before a lawyer is utilized.
Click to expand...

You can’t file a waiver before a denial. When she fills out whatever visa application you guys decide on (fiancé visa, spouse visa, whatever) there is a question that will ask something along the lines of if she has ever misrepresented on a visa application etc. she has to answer truthfully. At the visa interview, if there is a ban as consequence, she will be informed then, as well as given what the options such as a waiver are. Bear in mind that a waiver, if she needs it, is not just a formality and you’d probably need an attorney at that stage. I don’t think there’s much an attorney can do before then.

FYI this is the page on the waiver. https://www.uscis.gov/i-601
 
She lied about being married and kids to get a US visa? That would have required the agency and it's intermediary to, at minimum, make up names/ages/DoBs of a spouse and kids.

Did your girlfriend know about the misrep?

Is this agency still in business?
 
When she gets home, she will look at the paperwork to see if there are names/ages/ Dob's listed for spouse and kids.
She did know about the misrepresentation.
The agency is still business I believe.

I've since discussed with her about being completely honest in all matters and to be honest during the interview if and when it comes up.
 
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