Please read below as well...

user
Junior Member
posted July 31, 2003 02:13 PM
members- thanks a ton for your reply. Koelsch
-it wasnt a scam in any way..i love her andshe loves me its just too tough a situation for the american consulate to understand given the very small size of their brains.
Members- I also asked another question, hope you can reply to that. Can I still get Visa to another country say Canada or UK given the reason for which i have been refused to USA orwill this prove a hindrance for other countries too? I get the fact that i cant enter USA. Maybe ifi get visa to Canada I and my wife can settle there. Is that possible??? Please do reply.

thanks alot




Hello,
I am frm india. 25 years age and had gotten married to a my wife 40 yrs usa citizen. We got married in june2001 and i was subsequently called for 3 interview and my wife appeared for one too as she was here. finally i was denied visa in may 2003 under (material misrepresentation) sham marriage. I intend to get divorced soon. I would like to knwo if this has jeopardiesed my chances of going to USA forever? or can i apply on some other visa like maybe student or h1b and be able to go to usa.
Also i would like to know if i will be able to go to Canada or this stamp in my passport will prove a hindrance to my idea of goign to Canada too. Please respond ...thanks a lot




answers
Member
posted July 30, 2003 09:48 AM
Section 212(a)(6)(C)(i) of the INA:
(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is INADMISSIBLE.

...

(iii) Waiver authorized.-For provision authorizing waiver of clause (i)...

This is the law as it's written. What all of this means is that you won't be able to obtain another immigrant/non-immigrant visa until you get a waiver of inadmissibility (form I-601) which is close to impossible to get approved.

I'd say you stay in India... Forever.




Koelsch

Member
posted July 30, 2003 02:29 PM
so you're asking what other scams you can pull?
I hope none!!

answer to Origional Question:
Not really but it will be tough to come to USA. You have mis rep case. in certain cases this mistake can be overlooked by filing a waivers.
you mentioned age GAP.
I don't think Age differene has any impact on denial, the main impact is to prove that your marriage is bonifide. I guess you were fail to prove that. I've seen many cases where The age difference is more then 25 years but proof and evidences got thru the I-130 approval.
you can file the same petition again and provide more evidence ( you can appeal the same decision too).
Look at this site the basic requirements of I-130 cases and go from there.

thanks a lot for your reply - mohan. I really appreciate it. So I will look forward to applying for something like work permit or something to canada. According to your reply, getting visa to Canada should not be a problem right? if i have the required documents. So will apply for canada and then try to settle there with my wife so she can be in touch with her family too.
I hope i wont encounter the same trouble i had with USA consul. We provided all the proofs but they were just adamant saying they dont beleive a guy of my age would marry an older person given her age.
thanks a ton foryour reply..
my email is user5602@yahoo.com please let me know yr email address if you dont mind