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VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)

gunslinger
Hi, No disclosure on what this about. We applied for spousal visa.
I got this reponse on our case.

After further reviewing of xx. xxxxxxxxs application, the Consulate is
unable to issue the immigrant visa because, according to section
212(a)(6)©(i) of the Immigration and Nationality Act, xx is currently
ineligible.

However, xxxx. xxxxxxx is eligible to file a waiver application with the
Citizenship and Immigration Service (USCIS) in xxxxxxxx. A waiver
application form (I-601) with instructions will be sent to her this
week. To apply for a waiver, xxxxxx. xxxxxxxx should fill out the I-601 form and
return it to the Consulate along with payment for waiver application.
The Consulate will take further action upon receipt of these forms.

This is some type of mispresentation. Does anyone have any advice?

gunslinger

YuAndDan
Misrepresentation is a broad class of denial, the counselor officer feels that something about the case is not right.

They are telling you to file I-601 to USCIS to overturn or clear up what wrong with the case.
LadyJane
Here is a list of ineligibilities:
http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

YuandDan is right 212(a)(6)©(i) is a broad class of ineligibility based on misrepresentation of a material fact. If the CO provided you with more details during the interview, it would be good to address that during your waiver.

Good luck!
tammy2688
Hello there,
I am so sorry for what happened. This is a pain to deal with, I understand. My husband has been in security checks for many months now. Basically this is very broad as you can imagine but mainly the issue was they want to make sure there is no validity questions with your relationship. They are returning to USCIS to reconfirm/verify the case and relationship.
Many time they do not make it to USCIS and are given the standard security checks and given visa. I would like to stay positive about this as much as possible as I understand how frustrating it can be.
If you do see that it has been indeed returned to USCIS, then you have to take the steps to file waiver, call Department of State for updates (1-202-663-1225) and wait out the process. Whatever evidence they may ask for, have it ready and continue to keep records of your relationship such as e-mails, letters, and pictures. This may come in handy.
Most likely this will not take too long if USCIS confirms everything is all right.

May God help you and your spouse during this time of separation.

Tammy
panamania79
QUOTE(gunslinger @ May 28 2008, 11:33 AM) *
Hi, No disclosure on what this about. We applied for spousal visa.
I got this reponse on our case.

After further reviewing of xx. xxxxxxxxs application, the Consulate is
unable to issue the immigrant visa because, according to section
212(a)(6)©(i) of the Immigration and Nationality Act, xx is currently
ineligible.

However, xxxx. xxxxxxx is eligible to file a waiver application with the
Citizenship and Immigration Service (USCIS) in xxxxxxxx. A waiver
application form (I-601) with instructions will be sent to her this
week. To apply for a waiver, xxxxxx. xxxxxxxx should fill out the I-601 form and
return it to the Consulate along with payment for waiver application.
The Consulate will take further action upon receipt of these forms.

This is some type of mispresentation. Does anyone have any advice?

gunslinger



I am so sorry this happened to you.I can identify with you 100% becasuse my fiance's visa got denied also,but he has a different code.I had to file an I-601 also.Good luck,I will be praying for you. rose.gif
emt103c
Best place to look for I-601 information is immigrate2us.net There are explanations of what goes into the waiver package. . .and others with experience in filing. . .You have to prove that the immigrant not being granted a visa would cause "Extreme Hardship" to the US Citizen spouse.
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