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

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption