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dierathy

Help!! B1 denied due to Fraudulent marriage

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Hi, I need help. I invited my mother in law to come to a celebration, I sent the invitation and when she whent to the interview they denied her because she got married in 1995 and the guy confess it was a fraudulent marriage... so now they told me that theres no way we could get a visa...

Has anyone been in this situation? Please help! I ask about a waiver and they said NO! why?


Consulate : Dominican Republic

I-129F Sent : 2009-12-14

I-129F NOA1 : 2009-12-18

I-129F NOA2 : 2010-03-22

NVC Received : 2010-03-25

NVC Left : 2010-03-27

Consulate Received : 2010-04-01

Interview Date : 2010-06-14

APROVED!!!!!! :)

Visa Received : 2010-06-21

US Entry : 2010-07-15

Married: 2010-07-30

---------- 2nd Phase -----------

AOS: 2010-08-24

EAD: 2010-08-24

AP: 2010-08-24

Email Confirmation: 2010-09-02

Noa's Hard copy: 2010-09-07

SSN applied: 2010-09-20

1st touch AOS& transfered: 2010-09-22

Transfer hard copy: 2010-09-27

2nd update AOS: 2010-09-29

Talk to congressman: 2010-10-01

Receive congressman letter: 2010-10-05, 2nd letter 2010-10-08

Biometrics App: 2010-10-21 ... Finaly Done!!!!!

EAD approved: 2010-10-22, touch 2010-10-28, touch: 2010-10-29, received 2010-11-02

AP received: 2010-10-29

Green Card Approved: 2010-11-15

Green Card Received: 2010-11-20

---------- 3rd Phase -----------

I-751: 2012-09-10

Noa's Hard copy: 2012-09-17

Biometrics App: 2012-10-10

Noa's Hard Copy:2013-04-13 APPROVED!

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There's no waiver for Tourist visa, and if they say NO, then its NO, the only way to bring your mother to the US is by filling an immigrant visa plus a waiver of hardship I believe for the fraudulent marriage back in 1995.


AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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There's no waiver for Tourist visa, and if they say NO, then its NO, the only way to bring your mother to the US is by filling an immigrant visa plus a waiver of hardship I believe for the fraudulent marriage back in 1995.

correct the wife could petition for the mother when she's eligible. an appeal could be filed.


Current cut off date F2A - Aug 22, 2016

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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correct the wife could petition for the mother when she's eligible. an appeal could be filed.

If that appeal is base on the denied tourist visa, then I wouldn't recommend it. The CO already made it clear to the applicant that there's no way she's gonna get a visa. Appealing a CO's decision is a headache will little chance of success.


AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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Hi, I need help. I invited my mother in law to come to a celebration, I sent the invitation and when she whent to the interview they denied her because she got married in 1995 and the guy confess it was a fraudulent marriage... so now they told me that theres no way we could get a visa...

Has anyone been in this situation? Please help! I ask about a waiver and they said NO! why?

Unfortunately, the information you have been given is correct. She is ineligible for a non immigrant visa and ineligible for a waiver which prevents her from getting an immigrant visa.

There's no waiver for Tourist visa, and if they say NO, then its NO, the only way to bring your mother to the US is by filling an immigrant visa plus a waiver of hardship I believe for the fraudulent marriage back in 1995.

For an immigrant visa by consular processing, the hardship waiver for cases of fraud can only be approved for spouses and children of USC's, not parents. If the parents were already in the USA they could adjust status (as immediate relatives) but since the waiver is not applicable they will not be able to enter.


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Unfortunately, the information you have been given is correct. She is ineligible for a non immigrant visa and ineligible for a waiver which prevents her from getting an immigrant visa.

For an immigrant visa by consular processing, the hardship waiver for cases of fraud can only be approved for spouses and children of USC's, not parents. If the parents were already in the USA they could adjust status (as immediate relatives) but since the waiver is not applicable they will not be able to enter.

Yep Dakine is correct waiver in case of MIL would not work, wavier is only for spouse and children.

Also to get wavier when it is clearly documented that she attempted to enter US based on fradulent marriage would be a difficult one.

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Thanks everybody... so.. theres no hope then... My husban is a resident here.... He can fill out a family petition with a waiver when he es elegible, then...


Consulate : Dominican Republic

I-129F Sent : 2009-12-14

I-129F NOA1 : 2009-12-18

I-129F NOA2 : 2010-03-22

NVC Received : 2010-03-25

NVC Left : 2010-03-27

Consulate Received : 2010-04-01

Interview Date : 2010-06-14

APROVED!!!!!! :)

Visa Received : 2010-06-21

US Entry : 2010-07-15

Married: 2010-07-30

---------- 2nd Phase -----------

AOS: 2010-08-24

EAD: 2010-08-24

AP: 2010-08-24

Email Confirmation: 2010-09-02

Noa's Hard copy: 2010-09-07

SSN applied: 2010-09-20

1st touch AOS& transfered: 2010-09-22

Transfer hard copy: 2010-09-27

2nd update AOS: 2010-09-29

Talk to congressman: 2010-10-01

Receive congressman letter: 2010-10-05, 2nd letter 2010-10-08

Biometrics App: 2010-10-21 ... Finaly Done!!!!!

EAD approved: 2010-10-22, touch 2010-10-28, touch: 2010-10-29, received 2010-11-02

AP received: 2010-10-29

Green Card Approved: 2010-11-15

Green Card Received: 2010-11-20

---------- 3rd Phase -----------

I-751: 2012-09-10

Noa's Hard copy: 2012-09-17

Biometrics App: 2012-10-10

Noa's Hard Copy:2013-04-13 APPROVED!

0ZH9m4.png

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Thanks everybody... so.. theres no hope then... My husban is a resident here.... He can fill out a family petition with a waiver when he es elegible, then...

She cannot visit US period, Even your husband becomes citizen.

CO has determined that she tried to enter US on fradulent basis - even when your husband becomes citizen he can only file wavier for his wife or children.

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Waiver wont work but try an appeal.


Current cut off date F2A - Aug 22, 2016

Brother's Journey (F2A) - PD Dec 30, 2010


Dec 30 2010 - Notice of Action 1 (NOA1)
May 12 2011 - Notice of Action 2 (NOA2)
May 23 2011 - NVC case # Assigned
Nov 17 2011 - COA / I-864 received
Nov 18 2011 - Sent COA
Apr 30 2012 - Pay AOS fee

Oct 15 2012 - Pay IV fee
Oct 25 2012 - Sent AOS/IV Package

Oct 29 2012 - Pkg Delivered
Dec 24 2012 - Case Complete

May 17 2013 - Interview-Approved

July 19 2013 - Enter the USA

"... Answer when you are called..."

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Waiver wont work but try an appeal.

On what basis, the CO denied her visa because of fraudulent marriage, so there's no basis for an appeal, the only way out is to prove that her previous marriage wasn't fraudulent and her ex husband confession was a lie which will be a nightmare to prove. CO has full discretion on their decision for Non-immigrant visa, so appealing that decision is almost impossible.


AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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A lawyer once told me, Once you have committed fraud of this nature it never goes away and you are permanently barred from the US

Yep in cases like this where they have one parties confession - it never goes off your file it stays.

And in no way is American CO responsible or accountable to prove that her ex lied so they would not spend anytime or money in proving her ex lied.

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B1 is a Business Visa.

He could try for an Immigrant Visa, different rules, could be v difficult.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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B1 is a Business Visa.

He could try for an Immigrant Visa, different rules, could be v difficult.

There's no hope, unless she has a USC spouse that will file an immigrant visa on her behalf plus a waiver of hardship, but still there's possibility of being denied because of fraudulent attempt to immigrate to the US in her file.

Edited by katiemanny

AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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