Got denied on my interview b'coz of not having my decision yet at the court from my previous marriage

[Craneman 2]

Ok, this has been driving me mad. It took me a while googling with the proper phraseology to come up with what I HOPE is some useful information for the OP.

What did they tell you at the consulate?

Did they give you any paperwork? If so what was on it?

http://www.usvisalawyers.co.uk/article7.htm

"Section 214(B)

This section of the INA applies only to nonimmigrant visa applicants and states that every person applying for a nonimmigrant visa, with the exception of H-1, L and V visas, will be presumed to be an immigrant until he establishes to the satisfaction of a consular officer when applying for a visa (and the immigration officer when applying for admission to the US) that he is entitled to nonimmigrant status. The INA squarely places the burden of proof upon the visa applicant. The applicant must convince the interviewing consular officer that his intended activities in the United States are consistent with the nonimmigrant status sought. If this is demonstrated to the consular officer’s satisfaction, the visa will be approved if the applicant is otherwise eligible--that is, if no ground of ineligibility exists, particularly under INA section 212(a), referred to below. An applicant denied a visa under 214(B) may not apply for a waiver of ineligibility."

To the OP - what paperwork did they give you when denying your visa? What did it say?

If the denial was a 214 denial, you DO NOT have a bar to entry at a later time. You simply apply again later on.

This is exactly why the process is so frustating to the non fraudulent petitioners.

[rebeccajo 14]

This is exactly why the process is so frustating to the non fraudulent petitioners.

How so? *Maybe I just don't understand you because it's been a really bad Monday*

[pushbrk 12,243]

Ok, this has been driving me mad. It took me a while googling with the proper phraseology to come up with what I HOPE is some useful information for the OP.

What did they tell you at the consulate?

Did they give you any paperwork? If so what was on it?

http://www.usvisalawyers.co.uk/article7.htm

"Section 214(B)

This section of the INA applies only to nonimmigrant visa applicants and states that every person applying for a nonimmigrant visa, with the exception of H-1, L and V visas, will be presumed to be an immigrant until he establishes to the satisfaction of a consular officer when applying for a visa (and the immigration officer when applying for admission to the US) that he is entitled to nonimmigrant status. The INA squarely places the burden of proof upon the visa applicant. The applicant must convince the interviewing consular officer that his intended activities in the United States are consistent with the nonimmigrant status sought. If this is demonstrated to the consular officer’s satisfaction, the visa will be approved if the applicant is otherwise eligible--that is, if no ground of ineligibility exists, particularly under INA section 212(a), referred to below. An applicant denied a visa under 214(B) may not apply for a waiver of ineligibility."

To the OP - what paperwork did they give you when denying your visa? What did it say?

If the denial was a 214 denial, you DO NOT have a bar to entry at a later time. You simply apply again later on.

Here are the relevant 221g related paragraphs from the same article. First the ineligibility followed by the waiver requirements.

F. Misrepresentation Grounds:

Any alien who, by fraud or wilfully misrepresenting a material fact, seeks to procure (or has sought to procure, or has procured) a visa, other documentation, or admission into the US, or any other benefit provided under the Immigration Act, is ineligible for a visa. This includes any alien who falsely represents, or who has falsely represented, himself to be a US citizen.

3. Misrepresentation Grounds:

Waivers are also available for those determined ineligible for having wilfully misrepresented a material fact to procure a visa, admission to the US, or any other immigration benefit, but only if the person is the spouse, son or daughter of a US citizen or of a lawful permanent resident AND only if the person can establish extreme hardship to the US citizen or lawful permanent resident spouse or parent.

She's not a spouse and it's extremely difficult to meet the extreme hardship standard, but the technical possibility of waiving the permanent ineligibility is the reason for my addition of the words "up to".

I doubt the OP will come back with an answer but the decision on a ban is made by USCIS after they get the case back and see the misrepresentation. You can read Marc Ellis' article again to understand how critical it is that a K1 case returned with a recommendation to revoke the approved petition, not end up with a finding of misrepresentation. USCIS tends to note this finding for things as simple as lack of evidence the relationship is bona fide. Misrepresenting marital status is a far more serious matter in a family based visa case.

[rebeccajo 14]

*shakes head*

A 221(g) is a denial where the petition is returned to the US. Yes, 221(g) does not get a chance for a waiver.

But that's not the same thing as the bar.

Many people re-file for another visa (usually in another category like CR1) after a K is returned to the US under 221(g).

I believe it's entirely possible this poster might have a received a 214 denial because they were not eligible in the first place.

It REALLY just depends what information the OP has been given. We just can't stand here and point fingers without knowing. There are THREE possible denial scenarios; a 214, a 212, or a 221. Each has different consequences.

Even in the case of the 221(g), the bar is not automatically levied unless the couples ignores the NOID they will receive.

Edited February 10, 2009 by rebeccajo

[pushbrk 12,243]

*shakes head*

A 221(g) is a denial where the petition is returned to the US. Yes, 221(g) does not get a chance for a waiver.

But that's not the same thing as the bar.

Many people re-file for another visa (usually in another category like CR1) after a K is returned to the US under 221(g).

I believe it's entirely possible this poster might have a received a 214 denial because they were not eligible in the first place.

It REALLY just depends what information the OP has been given. We just can't stand here and point fingers without knowing. There are THREE possible denial scenarios; a 214, a 212, or a 221. Each has different consequences.

Even in the case of the 221(g), the bar is not automatically levied unless the couples ignores the NOID they will receive.

You can get the bar even when you fight the NOID.

You can get the bar for misrepresentation because of the misrepresentation, regardless of the denial scenario.

Perhaps I'm simply missing your point. Just what is it?

[PlatyPius 5]

Good gods. Will ya both just shut the f##k up?

cliff notes for this thread ------>

Charles,can I ask?how did you get that different kind of smiley with emotions>?lol,coz I can't find it here:)

special smileys are available only to organizers and moderators

Really?

[Used to be broken 143]

Totally at risk of being flamed here...maybe she meant that it will take another month to get the CENOMAR and was already divorced and had the annullment? How long does a CENOMAR to come back?

[rebeccajo 14]

*shakes head*

A 221(g) is a denial where the petition is returned to the US. Yes, 221(g) does not get a chance for a waiver.

But that's not the same thing as the bar.

Many people re-file for another visa (usually in another category like CR1) after a K is returned to the US under 221(g).

I believe it's entirely possible this poster might have a received a 214 denial because they were not eligible in the first place.

It REALLY just depends what information the OP has been given. We just can't stand here and point fingers without knowing. There are THREE possible denial scenarios; a 214, a 212, or a 221. Each has different consequences.

Even in the case of the 221(g), the bar is not automatically levied unless the couples ignores the NOID they will receive.

You can get the bar even when you fight the NOID.

You can get the bar for misrepresentation because of the misrepresentation, regardless of the denial scenario.

Perhaps I'm simply missing your point. Just what is it?

Just that we don't have enough information to advise this person.

All we have are possibilities and speculation - and it's not fair to do that to the OP.

Look - this is Manila. How often do you think they see this scenario? I bet a lot. How do they feel about it? Who knows - they may take a hardline stance and decide to punish everyone who tries it. Or - maybe because it happens often they may not take such a hard stance.

I can't figure out how the case could have gotten this far on what some are calling a lie. It does not appear to me that the OP 'lied'. It appears she went to the consulate prepared to address the issue of a prior marriage. Did she have a document in the I129F file in the package that looked like a final decree of annullment from the Philipines?

I'm not condoning what was done here. I wonder if it was a 'lie' or if it was someone unsophisticated enough to think the marriage was done and the court order was merely paperwork. I know that doesn't make it "OK" - but is it misrepresentation?

The CO's in Manila probably know. And would base their denial or return upon that.

[pushbrk 12,243]

*shakes head*

A 221(g) is a denial where the petition is returned to the US. Yes, 221(g) does not get a chance for a waiver.

But that's not the same thing as the bar.

Many people re-file for another visa (usually in another category like CR1) after a K is returned to the US under 221(g).

I believe it's entirely possible this poster might have a received a 214 denial because they were not eligible in the first place.

It REALLY just depends what information the OP has been given. We just can't stand here and point fingers without knowing. There are THREE possible denial scenarios; a 214, a 212, or a 221. Each has different consequences.

Even in the case of the 221(g), the bar is not automatically levied unless the couples ignores the NOID they will receive.

You can get the bar even when you fight the NOID.

You can get the bar for misrepresentation because of the misrepresentation, regardless of the denial scenario.

Perhaps I'm simply missing your point. Just what is it?

Just that we don't have enough information to advise this person.

All we have are possibilities and speculation - and it's not fair to do that to the OP.

Look - this is Manila. How often do you think they see this scenario? I bet a lot. How do they feel about it? Who knows - they may take a hardline stance and decide to punish everyone who tries it. Or - maybe because it happens often they may not take such a hard stance.

I can't figure out how the case could have gotten this far on what some are calling a lie. It does not appear to me that the OP 'lied'. It appears she went to the consulate prepared to address the issue of a prior marriage. Did she have a document in the I129F file in the package that looked like a final decree of annullment from the Philipines?

I'm not condoning what was done here. I wonder if it was a 'lie' or if it was someone unsophisticated enough to think the marriage was done and the court order was merely paperwork. I know that doesn't make it "OK" - but is it misrepresentation?

The CO's in Manila probably know. And would base their denial or return upon that.

Fair enough. However, USCIS decides whether to note misrepresentation and they often do so based on as little as a denial for lack of evidence the relationship is bona fide. That's far less concrete or cut and dried than representing a married person as single. USCIS knows everything we know, in that there's no way a married person gets a K1 interview without misrepresenting their marital status and they take this kind of thing very seriously.

[GloriaLuvsMoto2 0]

Totally at risk of being flamed here...maybe she meant that it will take another month to get the CENOMAR and was already divorced and had the annullment? How long does a CENOMAR to come back?

Nope. its the decision of the annulment she was talking about, CENOMAR takes 2wks to obtain a copy. This is just a matter of lack of information on her part, I believe that the OP was hoping to have the decision on hand before the interview date which did not happen bec of delay in the court. and she was not aware aswell that a copy of the decision isnt enough to be submitted in the embassy as there are few more steps to make after obtaining it. such us, waiting for the certificate of finality. and submitting all those said documents to NSO to obtain a "Annotated Marriage Cert" which is equivalent to Annulment Decree. I hope they'll be given another chance...

[rebeccajo 14]

*shakes head*

A 221(g) is a denial where the petition is returned to the US. Yes, 221(g) does not get a chance for a waiver.

But that's not the same thing as the bar.

Many people re-file for another visa (usually in another category like CR1) after a K is returned to the US under 221(g).

I believe it's entirely possible this poster might have a received a 214 denial because they were not eligible in the first place.

It REALLY just depends what information the OP has been given. We just can't stand here and point fingers without knowing. There are THREE possible denial scenarios; a 214, a 212, or a 221. Each has different consequences.

Even in the case of the 221(g), the bar is not automatically levied unless the couples ignores the NOID they will receive.

You can get the bar even when you fight the NOID.

You can get the bar for misrepresentation because of the misrepresentation, regardless of the denial scenario.

Perhaps I'm simply missing your point. Just what is it?

Just that we don't have enough information to advise this person.

All we have are possibilities and speculation - and it's not fair to do that to the OP.

Look - this is Manila. How often do you think they see this scenario? I bet a lot. How do they feel about it? Who knows - they may take a hardline stance and decide to punish everyone who tries it. Or - maybe because it happens often they may not take such a hard stance.

I can't figure out how the case could have gotten this far on what some are calling a lie. It does not appear to me that the OP 'lied'. It appears she went to the consulate prepared to address the issue of a prior marriage. Did she have a document in the I129F file in the package that looked like a final decree of annullment from the Philipines?

I'm not condoning what was done here. I wonder if it was a 'lie' or if it was someone unsophisticated enough to think the marriage was done and the court order was merely paperwork. I know that doesn't make it "OK" - but is it misrepresentation?

The CO's in Manila probably know. And would base their denial or return upon that.

Fair enough. However, USCIS decides whether to note misrepresentation and they often do so based on as little as a denial for lack of evidence the relationship is bona fide. That's far less concrete or cut and dried than representing a married person as single. USCIS knows everything we know, in that there's no way a married person gets a K1 interview without misrepresenting their marital status and they take this kind of thing very seriously.

Well, it'd be DOS charging the misrepresentation.

[pushbrk 12,243]

*shakes head*

A 221(g) is a denial where the petition is returned to the US. Yes, 221(g) does not get a chance for a waiver.

But that's not the same thing as the bar.

Many people re-file for another visa (usually in another category like CR1) after a K is returned to the US under 221(g).

I believe it's entirely possible this poster might have a received a 214 denial because they were not eligible in the first place.

It REALLY just depends what information the OP has been given. We just can't stand here and point fingers without knowing. There are THREE possible denial scenarios; a 214, a 212, or a 221. Each has different consequences.

Even in the case of the 221(g), the bar is not automatically levied unless the couples ignores the NOID they will receive.

You can get the bar even when you fight the NOID.

You can get the bar for misrepresentation because of the misrepresentation, regardless of the denial scenario.

Perhaps I'm simply missing your point. Just what is it?

Just that we don't have enough information to advise this person.

All we have are possibilities and speculation - and it's not fair to do that to the OP.

Look - this is Manila. How often do you think they see this scenario? I bet a lot. How do they feel about it? Who knows - they may take a hardline stance and decide to punish everyone who tries it. Or - maybe because it happens often they may not take such a hard stance.

I can't figure out how the case could have gotten this far on what some are calling a lie. It does not appear to me that the OP 'lied'. It appears she went to the consulate prepared to address the issue of a prior marriage. Did she have a document in the I129F file in the package that looked like a final decree of annullment from the Philipines?

I'm not condoning what was done here. I wonder if it was a 'lie' or if it was someone unsophisticated enough to think the marriage was done and the court order was merely paperwork. I know that doesn't make it "OK" - but is it misrepresentation?

The CO's in Manila probably know. And would base their denial or return upon that.

Fair enough. However, USCIS decides whether to note misrepresentation and they often do so based on as little as a denial for lack of evidence the relationship is bona fide. That's far less concrete or cut and dried than representing a married person as single. USCIS knows everything we know, in that there's no way a married person gets a K1 interview without misrepresenting their marital status and they take this kind of thing very seriously.

Well, it'd be DOS charging the misrepresentation.

In this case the facts objectively speak for themselves regardless of what the Consular Officer "charges" or doesn't charge, objectively or subjectively.

[rebeccajo 14]

I don't think we know all the facts.

[pushbrk 12,243]

I don't think we know all the facts.

We most certainly don't know all the facts. However, we most certainly know that the petition would never have been approved without misrepresenting a material fact and that the beneficiary would never have had an actual interview with a Consular officer without first being placed under oath.

We also know that a fiance doesn't qualify for a waiver of inadmissibility, and that even if they tried again for a spouse visa, they would have to show an extreme hardship to the US Citizen Spouse in order to get the waiver.

[Sinergy 3]

Good gods. Will ya both just shut the f##k up?

cliff notes for this thread ------>

Charles,can I ask?how did you get that different kind of smiley with emotions>?lol,coz I can't find it here:)

special smileys are available only to organizers and moderators

Really?

your married to a mod...you have access to the special smilies