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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 106275
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Will my fiancée be denied for a K1 visa?

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Will my fiancée be denied for a K1 visa?
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.




So she committed a fraud or misrepresentation in order to obtain a visa and they discovered this?
Customer: replied 3 years ago.

she has not had her k1 interview yet and she was refused the previous visa

Well, I understand that, but I was asking if she was caught in the lie. I will assume that she was caught. Unfortunately, she most likely will be denied the K-1 visa because of that previous immigration fraud. However, there is a waiver available on form I-601. You will need to prove that if she is not granted the visa, you would suffer extreme hardship. It has to be something more than emotional or economic hardship. Here is a link to what that means:


http://www.ilw.com/articles/2007,0717-scott.shtm



So she has a chance, and hopefully a good one since she did not commit a crime, per se, but they do take fraud and misrepresentation seriously. You should probably hire an attorney to help you with the case. You can look for one at www.ailalawyer.com.



Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!


Customer: replied 3 years ago.

will they find out about it? because she haven't had her k1 visa interview yet

Well, that's why I asked if they caught her in the lie. Did they? Was she denied the visa before because she said she was married but they found out that she lied and wasn't married?
Customer: replied 3 years ago.

they have not found about because she has not have interview yet. I was asking if they will find out about it. her interview is next month

I am asking about the previous visa interview, the tourist visa, did she lie and they caught her in the lie and that's why she was denied?
Customer: replied 3 years ago.

she lied about being married but she was not caught in the lie, she was denied because she did not prove she will come back to her home country. when she apply for her k1 visa she will say that she was never married, that's is the truth. will they find out that she said she was married before in her previous application when she was not

Unfortunately, they will. Those records do not get erased. So they will see the previous application, they will see that she stated that she was married and she would have to prove that she is divorced to be able to qualify for the K-1. So since she will not be able to prove that she is divorced because she never married, then she will have to prove that she was never married and that's when she will be cause in the lie. At that point she will need the waiver. I am truly sorry. Like I said, she should have an attorney to help her. Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

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