Advice on name checks

[tsap seui]

My SO has a girl friend who is a couple of months ahead of our application for the visa. This lady is a K-1 and is awaiting her P4 and interview date. My So has been lifelong friends with this lady and has asked me to ask this question.

 

In January of last year the lady went to an American consulate in Shenyang and applied for a visa to go to America for one week to look at a cosmetic line for a small business she owned. As far as I can understand the lady was turned down with no reason given...so she has a denial on her passport. The dilema for the lady is she hasn't told her American boyfriend about this denial, has gone and gotten a replacement passport (which has recorded in it that it is a replacement for the old passport number), and she wants to answer question 31 on the DS-156 with a no (Have you ever been denied a visa to the US...when, where, why?)...the lady's friends on 001 and in America have told her it is no problem with the new passport and since the question is on a P4 form that it will not be checked by Guangzhou.

 

I don't know what to tell my girlfriend to tell this lady and I have grave fears about advising her to lie on her forms. Heck, I am even having MY SO to admit on her P3 forms that she used another name briefly back in 1998.

 

Does anyone know if Guangzhou looks at the computers of, or checks with their other "in country" consultates to see if these women were ever denied a visa as part of their name checks? And is simply getting a new passport going to help this woman?

 

Thanks for your advise and knowledge, it may help this woman to avoid a lot of fear and stress...and/or possibly to not make a white slip mistake.

 

tsap seui

[dnoblett]

Visa denials for one type of visa "visitors" don't affect immigration or K-1 visas, if the denial was for things like not enough evidence to convince the consular officer that the visitor won't return to the foreign country.

 

If the denial was for an inadmissibility reason then a waiver may be needed.

 

They do check with other consulates for immigrations issues.

 

SEE Hankster's Post: http://candleforlove.com/forums/index.php?...mp;#entry295841

[LeeFisher3]

Never, ever lie about a visa issue. The DOS is forgiving of many transgressions, but lying to enter the US is not one of them.

 

She probably received a denial for a business or visitor visa, which is very common occurrence in China.

 

New or old passport it doesn't matter, it will surface at some time, probably sooner rather than later, but if she is in the US when it is discovered the discovery alone is enough reason for the USCIS to order deportation if she does not disclose this on her current application.

[david_dawei]

They definitely know...

 

The CO mentioned the denial of her travel visa and stated that it wasn't good (implying that we were trying to immigrate illegally ) and said this was the right way. My wife responded by saying we just wanted to be together. I think we were darn lucky. Really lucky!!!

Edited May 10, 2007 by DavidZixuan (see edit history)

[tywy_99]

My wife applied for a visitor's visa only to get a denial stamp in the back of her passport. Later she got the K3.

In most cases it's not a problem.

[SinoTexas]

The visa denial is recorded in the US government DOS database, since it was the US that denied her original visitor/business visa. So, if DOS does a name search/background check on her name for this visa, it will likely pop up. That information, along with all data (passport number, name, place of issue, etc) from her Chinese passport is in all likelihood in a US government data base. Don't lie.

 

As aye,

 

Jim

[chilton747]

Definitely one should never lie to the immigration authorities. It is their job to lie to us. Your friend has messed up. Getting a new passport and not telling her boyfriend was a very bad choice. She made a mess that quite possibly she will need a long time to clean up. The best case scenario that she can hope for is that she convinces the VO that her previous passport was lost. If I am not mistakened, somewhere on the K1 forms the question is asked about a lost or stolen passport.

[harvestgal&bosah]

They know everything. That is why they give the forms is batches to see if you are honest or not. I will always tell them the truth. Why should you lie? It's only the truth that will keep you on the right track. If they don't find it out now trust me they will soon and your sin will find you out. I agree with others.

 

Blessing

Edited May 11, 2007 by harvestgal&bosah (see edit history)

[tsap seui]

Thanks very much for the replies. Day before yesterday I passed the first replies on to my SO, she talked to her girlfriend, and it looks like some poor guy in America is not going to be having his girlfriend joining him anytime soon as she laughed my concerns and your replies off as "no good"..

 

Oh well....I guess some people look at it like, why mess up a "good" application with the truth. It's really a shame.

 

On a positive note, I was woke up around 1:00am with a phone call from a very excited lady calling me to tell me her P-3 arrived!!!!!!

 

While I was in China in April the DOS told us on April 27th that our case was "now open". I got home on the 29th and called again that Friday to see if name checks had be initiated and was told that the P-3 packet was sent to my SO on ....April 27th....huh? Anyhow, our P-3 packet is now in hand.

 

tsap seui