Will a K-1 petition get denied for misrepresentation on a previously submited G-325?

My fianc and I are going through the K-1 process and the petition’s currently at TSC. He has previously applied for a B-2 visa 2 years ago, was approved, but afraid of getting his undocumented sister in trouble, he stated on form G-325 Biographic Information that he didn’t have any relatives in the US and answered ‘No’. My fianc was worried about getting his sister deported, which now we realize isn’t necessarily true. We also know that a new G-325 will have to be submitted for his K-1 interview at this ‘hard and difficult’ consulate. We are wondering how to handle this issue and how to proceed. I’m sure no US attorney will advise us to lie again. So my concern is how my fianc be perceived during his consular interview if the CO notes a contradiction on the question’s response? Will this be viewed as misrepresenting information and flattened out denied? How critical is this ‘family in the US’ information for immigration? Should we prepare a statement explaining why he lied on the first G-325 form? How should this red-flag be approached? Is our K-1 petition doomed? BTW, we are also aware he might get his B-2 revoked. Thanks in advise to every counsel’s input to our concerns.

Asked on March 14, 2016 under Immigration Law, Florida

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Just answer truthfully on the application now and if you are asked about the previous omission, indicate that it was an inadvertent omission.  There is no need to compound lies with additional lies.  For the K-1 they are really looking more at the bona fide intent to marry than other factors so as long as you pass those, there should not be any significant road blocks.


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