H-4 visa refused under 212(a)(6)(c)(1) with a waiver

[Ankita singhal 0]

Hello,

My wife's H-4 visa has been refused under 212(a)(6)(c)(1) with a waiver to apply on the grounds of ineligibility in new delhi, India.

We've got married on 19/04/2017 in a temple in front of 8-10 close members of family but we didn't click photographs because we had a grand marriage function lined up in december 2017 when i had to come again as i had a one-month vacation but we registered our marriage in court in april only and applied visa in july,2017. She was served with 221(g) form for photographic evidence of marriage. She showed it in february 2018 as we again did all the wedding rituals in dec,2017 and showed them all wedding rituals photographs of that time.But the consular officer did not accept them saying they want the temple' s wedding photos and refused my Visa and charged to illegally expediting the visa process.

Please help me. What should i do now?

Eagerly waiting for your response.

Thank you!

[Nitas_man 3,100]

It was my (maybe mistaken) believe that legal documents (court document) were proof of marriage, not photos.  We have been in and out of immigration for years and we have never been asked to prove our marriage date by photos. 

 

I wouldn't suggest that you provide anything except for legal documentation reflecting the legal date of your marriage.  There is no section of our US code that defines a marriage by a minimum party size.

Edited February 16, 2018 by Nitas_man

[NoProblem 69]

If he has been asked then he has to satisfy the consular officer at his embassy post.  Sticky situation.  

Many folks have private nikah or private marriage contract ceremonies etc where photos are not taken followed by grand wedding.

Be creative, explain to your embassy in a detailed letter or speak to a lawyer.

 

[karice 29]

In addition to the above suggestions, perhaps getting letters from the people in attendance at your initial ceremony would help? 

[CEE53147 559]

Based on the denial reason, you need to consult an immigration attorney.

[ASMS 86]

1 hour ago, Ankita singhal said:

Hello,

My wife's H-4 visa has been refused under 212(a)(6)(c)(1) with a waiver to apply on the grounds of ineligibility in new delhi, India.

We've got married on 19/04/2017 in a temple in front of 8-10 close members of family but we didn't click photographs because we had a grand marriage function lined up in december 2017 when i had to come again as i had a one-month vacation but we registered our marriage in court in april only and applied visa in july,2017. She was served with 221(g) form for photographic evidence of marriage. She showed it in february 2018 as we again did all the wedding rituals in dec,2017 and showed them all wedding rituals photographs of that time.But the consular officer did not accept them saying they want the temple' s wedding photos and refused my Visa and charged to illegally expediting the visa process.

Please help me. What should i do now?

Eagerly waiting for your response.

Thank you!

I'm sorry that your wife was denied,

could you post the letter (omitting names and other personal information) she was given stating the reason for the  212(a)(6)(c)(1) Material Misrepresentation / Fraud?

Misrepresentation Is very hard to overcome since you need to prove extreme hardship, which I think its even more complicated if we are talking about the relative of a temporal worker (no US. citizen or LPR) who is applying for.

[Illiria 980]

Misrepresentation.- 

(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.

 

This is why she was denied 

 

Sorry you story is confusing to me,

when did you legally get married?

What date did you put on her forms for when you were married?

What date did she tell them you got married when she had her interview?

[arken 4,197]

You definitely need an immigration attorney.

Consular officers are well aquainted with the country’s custom. In India where ceremonial marriage is common, they know, it’s highly unusual to get marrried one day with no photos and then have a ceremony almost 8 months later. 

By providing marriage certificate of one day (April) with no photos and then providing marriage photos of Dec, they probably decided your April marriage was a fake marriage for paperwork only just to be able to immigrate your wife to US soon and that your December marriage was real marriage. 

It’s now very difficult to appeal or get a new visa by yourself. You should definitely consult with an immigration lawyer.

[Ankita singhal 0]

25 minutes ago, Illiria said:

Misrepresentation.- 

(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.

 

This is why she was denied 

 

Sorry you story is confusing to me,

when did you legally get married?

What date did you put on her forms for when you were married?

What date did she tell them you got married when she had her interview?

We got married legally on 19/04/2017 but didn't click photographs because it was a secret wedding with bride n groom's parents n siblings. We then registered in court that we did marriage in arya samaj temple. She had applied in july but it was denied for photographic evidence.We had all the rituals in december after which she again got interviewed in feb 2018 n showed photos but they wanted the temple's photos n denied visa under misrepresentation.

[WeGuyGal 1,052]

US consular officials tend to be familiar with local customs and rituals. Refusal under 212(a)(6)(c)(1) suggests the CO probably saw a sham initial marriage staged to expedite a visa. Having lived in India, I've heard of staged weddings to kick-start the visa paperwork, only to have the real wedding followed by the couple leaving for overseas together.

 

New Delhi seems to have tightened H1/H4 scrutiny of late; 221g RFEs are higher than ever. 

[Illiria 980]

It probably looks as though the first wedding wasn’t real/completed and that the real wedding was in December 2017 after you applied for the visa hence the misrepresentation as you weren’t really married after the first wedding, otherwise why go through all the rites again? 

[Boiler 43,433]

Could have sworn I have seen this before, pretty sure they think the first marriage was not real and for a H4 you need to be married.

[CEE53147 559]

The denial reason is serious. This is not DIY.

 

As for what you do now ... If you want to live with your wife anytime soon, find a job in another country. Your ability to bring a dependent while on a H-1B visa is a privilege not a right.

[Boiler 43,433]

6 hours ago, CEE53147 said:

The denial reason is serious. This is not DIY.

 

As for what you do now ... If you want to live with your wife anytime soon, find a job in another country. Your ability to bring a dependent while on a H-1B visa is a privilege not a right.

OP os on a temp work visa and that is likely to the quickest and cheapest option, when are you due to go home?

[Nitas_man 3,100]

20 hours ago, Ankita singhal said:

We got married legally on 19/04/2017 but didn't click photographs because it was a secret wedding with bride n groom's parents n siblings. We then registered in court that we did marriage in arya samaj temple. She had applied in july but it was denied for photographic evidence.We had all the rituals in december after which she again got interviewed in feb 2018 n showed photos but they wanted the temple's photos n denied visa under misrepresentation.

I don't know why you felt the need to do a secret wedding on one day then do all the rituals and throw the party on another but I'm afraid your wife won't (probably ever) be flying over to the US with you. 

Did you happen to publish the not-secret one somewhere on social media?  Of course you did.  They probably knew all about it before she ever arrived at the interview.  Shame.  I don't know what you were thinking but wow dude.