CR1 interview

[Benandshan 0]

Hello,

I'm new to this site, just got it while searching, hope you can be of help for me.

I have CR1 interview in US Embassy Lagos in May 14th 2008 and after answering the questions, the CO said that I'm ineligible for the visa because I have applied for B2/B4 visa in 2001 which indicated I'm married. I have never married before it was a mistake on my side, I filled married in the B2/B4 to show strong ties that I will return to my home country and now they are using it as a red flag. The CO said the case will be returned to homeland security where it was approved and also stated in the blue slip given to me that you have provided evidence that you and the petitioner are in a relationship solely for immigration purposes.

Can anybody tell me what I can do to stop them from sending it back to US.

I need your advice urgently.

Ben.

[LadyJane 1]

Since I don't know all of the details that the CO does, I really can't speak to what you showed a bona fide relationship. It's sounds like your case has been sent back to the USCIS so that they can reevaluate the bona fides of your marital relationship.

I'd suggest that you do a bit more reading here in this forum to see what you'll need to do. There is another forum in www(dot)***removed***[dot]com. The following text was pasted from the 221g guide:

What can you do immediately when faced with this issue:

* First and foremost, contact a good immigration attorney.

* Immediately have the beneficiary send a scanned copy of the 221(g) issued.

* Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.

* If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.

* Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.

* Provide your congressman/senator with as much information as possible about your case, the interview, and the result.

* If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.

* If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.

As to the fact that you misrepresented yourself on your B1/B2 visa, I'm inclined to think that this may have played a significant role in the CO's decision. From your perspective, it was a mistake. But the CO probably interpreted this behavior as a deliberate attempt to circumvent the legal channels of visa application. I think that you will need to honestly and carefully address this issue in any waiver or visa re-applications.

I also suggest asking for legal counsel, and perhaps a lawyer can help with a) proving the bona fides of your relationship and B) addressing the issue of your B1/B2 visa application.

Good luck!

[DEECEE 0]

Did you submit a divorce certificate for the marriage you said you were in when you applied for the visitor visa?

[Zee Bee 61]

Hello,

I'm new to this site, just got it while searching, hope you can be of help for me.

I have CR1 interview in US Embassy Lagos in May 14th 2008 and after answering the questions, the CO said that I'm ineligible for the visa because I have applied for B2/B4 visa in 2001 which indicated I'm married. I have never married before it was a mistake on my side, I filled married in the B2/B4 to show strong ties that I will return to my home country and now they are using it as a red flag. The CO said the case will be returned to homeland security where it was approved and also stated in the blue slip given to me that you have provided evidence that you and the petitioner are in a relationship solely for immigration purposes.

Can anybody tell me what I can do to stop them from sending it back to US.

I need your advice urgently.

Ben.

From the statement I highlighted I am thinking the OP lied on their B2 application saying they were married. The fact that there was no documentation of this in the CR1 (either that there was a divorce or that the marriage is to his current wife) lead the CO to discover the discrepancy and deny the visa based on misrepresentation.

I don't think this has anything to do with bonafides of relationship. I think this has to do with the misrepresentation on the B2 application.

Someone correct me if I am wrong.

[Benandshan 0]

Thanks, Ladyjane and Zee,

I will tell my wife so that we can consult a congressman/congresswoman on what we can do about it. It's almost 1year that I have seen my wife, I'm missing her so much.

Hello,

I'm new to this site, just got it while searching, hope you can be of help for me.

I have CR1 interview in US Embassy Lagos in May 14th 2008 and after answering the questions, the CO said that I'm ineligible for the visa because I have applied for B2/B4 visa in 2001 which indicated I'm married. I have never married before it was a mistake on my side, I filled married in the B2/B4 to show strong ties that I will return to my home country and now they are using it as a red flag. The CO said the case will be returned to homeland security where it was approved and also stated in the blue slip given to me that you have provided evidence that you and the petitioner are in a relationship solely for immigration purposes.

Can anybody tell me what I can do to stop them from sending it back to US.

I need your advice urgently.

Ben.

From the statement I highlighted I am thinking the OP lied on their B2 application saying they were married. The fact that there was no documentation of this in the CR1 (either that there was a divorce or that the marriage is to his current wife) lead the CO to discover the discrepancy and deny the visa based on misrepresentation.

I don't think this has anything to do with bonafides of relationship. I think this has to do with the misrepresentation on the B2 application.

Someone correct me if I am wrong.

[Nutty 2]

Dear Ben:

Unfortunately, your were not honest on your last application. I really don't see how you can fix this. If you admit you lied on your first application for visa, I doubt they will issue a second one to you.

[Ta Ta 1]

Again my advice is as in the other forum you posted, you will be eligible for waiver 601.

Contact a good attorney ( Laurel Scott's phone consultation is well worth the $150 )and learn how the USC has to put together a hardship letter and then you have to submit it along with the form and $545

at your embassy.

It will get adjudicated by a USCIS office in Accra, Ghana, some get approved, some don't. Go to immigrate2us.net to learn more about these waivers.

Best wishes !

[Ta Ta 1]

Read the paper they gave you, does it say on the bottom :

If you fail to take action requested within one year following visa denial under section 221(G) of the Immigration and Nationality Act, section 223 (G)

of the act requires that your application be canceled.

This would give you one year to submit the waiver. Is your paper marked with 212(a)(6)© misrepresentation ?

They should have given you a form waiver or at least told you you can file a waiver.

Contact your embassy about the eligibility for the waiver for misrepresentation.

The misrepresentation carries a lifelong ban to the US and Senators can not stop or change this. What they can do is get a little more clarity

about the waiver.

From what you have said you were denied for misrepresenting the fact of marriage on your B2. On top of that they believe for that reason the entire

relationship is not bona fide and not only do you have to file for misrep but you have the burden of proof that your relationship is bona fide.

It depends on what they picked for reason of denial , misrep or no bona fide relationship or both that you have to find the correct approach to fight this, therefore my strong suggestion to consult an experienced attorney who specializes in waivers.

Marc Ellis is good for bona fide issues.

[tammy2688 1]

Since I don't know all of the details that the CO does, I really can't speak to what you showed a bona fide relationship. It's sounds like your case has been sent back to the USCIS so that they can reevaluate the bona fides of your marital relationship.

I'd suggest that you do a bit more reading here in this forum to see what you'll need to do. There is another forum in www(dot)***removed***[dot]com. The following text was pasted from the 221g guide:

What can you do immediately when faced with this issue:

* First and foremost, contact a good immigration attorney.

* Immediately have the beneficiary send a scanned copy of the 221(g) issued.

* Contact the consulate directly (immediately) and attempt to have the petition reviewed by the senior consular before it is returned.

* If you are unable to get through to the consulate on the phone, contact them via email, and if you're mail has a "read verification" use it.

* Contact your congressman/senator, get them involved immediately. You will need to sign a release form giving them permission to make an inquiry on your behalf.

* Provide your congressman/senator with as much information as possible about your case, the interview, and the result.

* If your congressman/senator is top notch, they will not just send an email or letter to the consulate, they will call on the phone and try to get the petition reviewed again before it is sent back.

* If they are not successful, they can request the diplomatic pouch number the petition is being returned in. This number will allow you to track the petition until it is received by the local service center.

As to the fact that you misrepresented yourself on your B1/B2 visa, I'm inclined to think that this may have played a significant role in the CO's decision. From your perspective, it was a mistake. But the CO probably interpreted this behavior as a deliberate attempt to circumvent the legal channels of visa application. I think that you will need to honestly and carefully address this issue in any waiver or visa re-applications.

I also suggest asking for legal counsel, and perhaps a lawyer can help with a) proving the bona fides of your relationship and B) addressing the issue of your B1/B2 visa application.

Good luck!

This is very helpful and indepth for anyone going through this situation.