QUESTIONS - K1, section 212 (a) (6) (i), Ex-husband, previous Family visa

[coniefl 28]

I applied for a K1 visa, we made it all the way to the interview and today we receive a letter stating:

Please find enclosed a letter which explains the existence of ineligibility under section 212 (a) (6) © (i) if, however, you can apply for a "waiver" the link to this objective is at the foot of the letter we sent you.

Section 212 (a)(6)©(i) is about committing fraud to enter the US. Under certain conditions the penalty is a lifetime ban of entering the US.

There is only one instance that an attempt to commit fraud occurred and that was by my fiance's ex-husband. Years ago they obtained a family visa and after it had expired he tried to alter the visa expiration date and enter the US, he was detained and denied entry. My fiance was not present, the ex-husband acted on his own to try and get his sick mother into the US.

I don't understand why this would reflect my fiance other than that is was a family visa stamp that he tried to alter. So my questions are

1. Is she associated automatically even though she was not present and did not try to commit the fraud just because it was a family visa?

2. If each passport gets a separate stamp isn't immigration able to recognize and identify who was the one trying to commit the fraud?

3. Can't the embassy see on the immigration records the names of the person(s), passport numbers, visa number, etc. who committed the fraud, aren't they able to see that my fiance wasn't involved?

4. Since it wasn't her that tried to commit the fraud, is a waiver really necessary?

5. Who can I contact about this?

Please provide answers, opinions and advice.

Thanks!

[Pitaya 2,576]

~Moved from K1 Process to Waivers (I-601 and I-212) & Admin.Process. (221g) Forum~

~Inquiry about I-212 Waivers~

[Penguin_ie 5,984]

What kind of family visa was it?

Your fiance is possibly implicated, depends on the exact circumstances, such as if she signed any documents which gave wrong info (or, perhaps her ex signed her name fraudulently...)

[Boiler 43,359]

Passing his mother off as his wife?

[coniefl 28]

What kind of family visa was it?

Your fiance is possibly implicated, depends on the exact circumstances, such as if she signed any documents which gave wrong info (or, perhaps her ex signed her name fraudulently...)

She didn't sign any documents...as for the ex, we don't know.

Passing his mother off as his wife?

I thought the same thing, they are from a Spanish country, but my fiance is Chinese and her family visa stamp was in a Taiwan passport as the rest of the family had Bolivian passports, although not out of the question, I think it would be difficult to pull off for a Bolivian to pass as Chinese.

Edited May 6, 2015 by coniefl

[Boiler 43,359]

We are totally guessing, now I have seen similar sort of cases come up and occasionally it is the Consulate who have made a mistake, more often there is something known out there and it is like pulling teeth to get it.

In this case of course it is you posting and you are once removed from the situation.

[coniefl 28]

We are totally guessing, now I have seen similar sort of cases come up and occasionally it is the Consulate who have made a mistake, more often there is something known out there and it is like pulling teeth to get it.

In this case of course it is you posting and you are once removed from the situation.

We really are not even sure if this is what it is, but its the only question that is a candidate, they asked "were you ever detained at the airport?" and immediately following her answer of no, they said "Your fiance can apply for a waiver", but they never said anything else, in fact this a occurred on the first interview, which lasted only minutes before they asked her to come back for a second interview....they also questioned about having evidence of a relationship (k1 visa), but would not let her present it, they just told her to come back for the second interview..on the second interview they asked her questions about me and personal questions about her, then they called me and asked the same questions, our answers were about a 98% match.

We are still trying to find the exact reason, I emailed the consulate, my fiance emailed the consulate, she even went to the embassy in which they sent someone out from consulate services and told her they will only answer her questions through email, but they have not answered us yet.

Edited May 7, 2015 by coniefl

[Boiler 43,359]

Was she detained at an airport?

[coniefl 28]

Was she detained at an airport?

Sorry for the delay...Its been hell trying to figure out what is going on, and I failed to subscribe to my own thread.

She never was, her ex-husband was detained in 2006, she was not present.

She was never detained at the airport or deported, but this seems to be the issue, we can only guess as they wont tell us, because it was one of the questions that prompted the interviewer to ask about me being willing to file a waiver, I don't think he was speaking a waiver of inadmissibility for misrepresentation, rather one for being detained or deported. As soon as he asked the question about the waiver a second consular stepped in and ended the interview immediately and gave a reschedule date.

I've been reading the consular manual on procedures and he must have been a junior consular because they are not supposed to disclose in anyway the source of information or its contents in which they are asking the questions, asking about the waiver gives away the fact that they have information from USCIS, ICE or Border Patrol saying that she was detained or deported, I think that is why the interview was immediately terminated by the woman consular. The manual also says they are not allowed to give the reason if it is obtained from another US agency or if its law enforcement sensitive.

I have requested through the Freedom of Information Act the notes from those interviews, not sure if they will give them to me, I am now trying to figure out which agency keeps records on detainment's and deportations so I can request that information as well.

I also believe they have not followed the interview procedures correctly during the interview, I am still evaluating the rules.

Edited May 12, 2015 by coniefl

[Ilovemyman 147]

Maybe your fiancee gave her passport to her ex and he tried to enter his mother to usa with her passport.

Maybe for that they asked if she was arrested at the airport.

It could be possible that he used ger passport for his mother, people do all kind of fraud.

[coniefl 28]

Maybe your fiancee gave her passport to her ex and he tried to enter his mother to usa with her passport.

Maybe for that they asked if she was arrested at the airport.

It could be possible that he used ger passport for his mother, people do all kind of fraud.

Yes I thought of that, but there is an age and racial difference, the mother is Bolivian and My fiance is Chinese.

[coniefl 28]

It appears that I started two threads on the same subject, not on purpose, but the second thread when in that direction.

I guess all further correspondence should be posted on the other thread located here:

http://www.visajourney.com/forums/topic/548619-k1-potentially-denied-what-next/page-3#entry7623098

[Ilovemyman 147]

Yes I thought of that, but there is an age and racial difference, the mother is Bolivian and My fiance is Chinese.

It doesnt matter the racial diference, people trying to to go to usa do things that in our mind look imposible, but people do it.

One thing is truth, there was something related with your fiancee, they wouldnt asked about her if she wasnt involved.

Or maybe she gave her pasdport to another person, people from latin american do a lot of things trying to help each other.

Just ask to your fiancee that be honest with you and tell if she try to do something wrong in the past.