[Andy Chai]

I'm a USC. My girl friend and I visited US together in late Oct. 2007. She got a removal due to the immigration officer alleged her intention is to remain in US with a B1/2 visitor's Visa. That's a 5 years ban under sections 212 (a)(6)©(i), 212(a)(7)(i). We took the next flight back to HK at our own expense (return ticket). Then, we got married later that year and I filed I-130 for her. Now, the US consulate interview is scheduled for May, 2009. Do I need I-601 or I-212 ready before the interview? I don't want any more delay if the consulate ask for it. It tooks a year and half to get to this point.

Andy

[canadian_wife]

212(a)(6)( c ) (i)

(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 chapter is inadmissible.

How did she misrepresent herself? I assume that she did NOT claim US citizenship?!!??!? Yes, you will need to have the waiver ready for the interview as your wife is not admissable at this point. I am not sure if the HK embassy accepts the waivers at the interview or not but best to have it ready. Processing waivers is always slow. You will have to show EXTREME hardship for the waiver to be accpeted. Waiver information is available in abundance at www.immigrate2us.net

Goodl luck.

EMT will correct me if I am wrong.

[emt103c]

Hello,

We've already spoken on the other forum. My answer stands. You must file both the I-212 and I-601. . . .Expedited Removal with Misrepresentation charge.