QUESTION

Am I eligible for a K1 fiance visa?

Asked on Sep 17th, 2011 on Immigration - California
More details to this question:
Before 5 years, my dad was a Permanent Resident of USA filled petition F2b, during this 5 years I asked for B2 visitor visa 3 times, and was denied every time. The first time I filled an application (with my sisters help) and it was correct, but the last two times the Application DS-156 was filled "tourist agency"(because my english isn't good) and she misrepresented two questions 31, 36 . Now I am engaged to a US citizen and he filled petition i-129f for me, so now I am going to have any problems because my denied B2 visa was misrepresented. But I didn't filled the Application, tourist agency didn't explain me the question correctly. Can you give me any advice on what to do now? Do you think I'm eligible for k-1 fiance visa now?
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5 ANSWERS

Criminal Defense Attorney serving New York, NY at Law Offices of Nicklaus Misiti, PLLC
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More likely than not you are going to have issues with this application. You should speak to and retain an immigration attorney as soon as possible to figure out what is going on.
Answered on Jul 09th, 2013 at 12:14 AM

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Criminal Law Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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If US consular officer found your previous applications to be fraudulent, you will need a fraud waiver with you K visa. Aside from that, the officer will scrutinize your K visa thoroughly.
Answered on Sep 21st, 2011 at 10:25 AM

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Immigration Law Attorney serving Atlanta, GA
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It will be necessary to disclose the previous applications (even though immigration authorities will know about them anyway), and the misrepresentations indeed may cause problems. There is no substitute to engaging an immigration attorney to help sort out the issues and advise you about eligibilities and strategies.
Answered on Sep 20th, 2011 at 5:57 PM

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LCA Audits and Investigations Attorney serving Houston, TX at Fong Ilagan
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You should apply for the visa and explain to the CONOFF about the travel agency that was hired to complete the forms and that you were not advised fully as to the questions.
Answered on Sep 20th, 2011 at 2:05 PM

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Immigration and Naturalization Attorney serving San Francisco, CA at The Law Office of Christine Troy
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If the consulate made a finding of fraud or misrepresentation, then this can be an issue now as that bars entry for a specific number of years. You must disclose anything on your application or that will be worse for you. Also you must take responsibility for the errors because you signed the forms. So even though an agency prepared, it is your responsibility in their eyes! If you are outside of that time period, then you will not need a waiver. Otherwise your fiancée will need to file a waiver for you. You should have your case fully analyzed by a competent immigration attorney before doing anything so you can determine the proper steps you need to take.
Answered on Sep 20th, 2011 at 1:46 PM

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