Jump to content
Sign in to follow this  
calibob

How long is a CR-1 good for post inadmissibility finding?

22 posts in this topic

Recommended Posts

We were doing so good till this.........in 2003 my spouse "beefed up" her tourist visa info by putting an employer with more status than her employer at the time to make her application look better to the Embassy. A "visa expediting" company she was dealing with recommended she do this. She was denied at the interview and she left the building thinking nothing big, just denied. Fast forward to 2009, we meet, marry in late 2010, and she gets denied in our June CR1 interview on misrepresentation and we have to file a 601 waiver to lift it. How long is our present CR1 good for? We're raising funds for a top notch lawyer but they're not cheap as most well know. To top it off, my wife had already quit her job in anticipation of moving here so now I'm saving, and supporting two households so the process is slow on getting funds. Not complaining but filling in background. Is there a time limit? Thanks for your constructive, as always, comments.

Bob


  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Nigeria
Timeline

Material misrepresentation follows you forever, you need a waiver to overcome it. Elasped time of pristine behavior is a positive point for the waiver but the waiver is not something that most take on their own. Wander over to immigrate2us.net and you will find many people who are writting waivers for much more serious things ( not that lying to immigration is a small thing )


This will not be over quickly. You will not enjoy this.

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: India
Timeline

You will need a strong waiver and an excellent attorney in order to get the charge of material misrepresentation overturned.


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Share this post


Link to post
Share on other sites

You will need a strong waiver and an excellent attorney in order to get the charge of material misrepresentation overturned.

We have both, just are wondering how long we have till our original I-130 expires?

Bob


  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

We have both, just are wondering how long we have till our original I-130 expires?

Bob

The bottom of the page on my wife's first notice from NVC had a notice that said if they receive no communication concerning the petition after 1 year, the fees and everything else expires!


Education is what you get from reading the small print. Experience is what you get from not reading it.



The Liberal mind is where logic goes to die!






Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: India
Timeline

The I-130 form itself -- as far as I know -- doesn't expire since it validates the relationship b/w USC petitioner and his/her immediate relative. I could be wrong, of course--hopefully someone else will come along and give you the information you need.

Edited by sachinky

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: China
Timeline

an approved I-130 doesn't expire.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

We were doing so good till this.........in 2003 my spouse "beefed up" her tourist visa info by putting an employer with more status than her employer at the time to make her application look better to the Embassy. A "visa expediting" company she was dealing with recommended she do this. She was denied at the interview and she left the building thinking nothing big, just denied. Fast forward to 2009, we meet, marry in late 2010, and she gets denied in our June CR1 interview on misrepresentation and we have to file a 601 waiver to lift it. How long is our present CR1 good for? We're raising funds for a top notch lawyer but they're not cheap as most well know. To top it off, my wife had already quit her job in anticipation of moving here so now I'm saving, and supporting two households so the process is slow on getting funds. Not complaining but filling in background. Is there a time limit? Thanks for your constructive, as always, comments.

Bob

The I130 doesn't expire they should have given her a document telling her she is eligible for the waiver. As for the "top notch lawyer" the fees range from approximately 4k to 10k for the I601 packet. As mentioned I2us.net has lots of advice and information as well as the research links here. Tons of folks seem to be doing it without an attorney however it makes sense to try to find someone with experience with the USCIS office that adjudicates waivers for your wifes country at minimum to assess your hardship arguments.

Keep in mind you do 90% of the work collecting the evidence and the attorney does organization of the packet and a legal brief. Misrepresentation is a bit "tricker" than the simple waivers for unlawful presence that get approved fairly quickly with minimum hardship. Unfortunately you will have to work hard to overcome this and the assumption that your spouse has already lied once so they will probably do more investigation verifying the

evidence and arguments presented since she has submitted manufactured evidence in the past.

If it takes longer than a year you need to let the Embassy know you are still engaged in the process and that will keep them from sending the I130 back to USCIS.

Share this post


Link to post
Share on other sites

an approved I-130 doesn't expire.

Thanks...what I was looking for...!

The I130 doesn't expire they should have given her a document telling her she is eligible for the waiver. As for the "top notch lawyer" the fees range from approximately 4k to 10k for the I601 packet. As mentioned I2us.net has lots of advice and information as well as the research links here. Tons of folks seem to be doing it without an attorney however it makes sense to try to find someone with experience with the USCIS office that adjudicates waivers for your wifes country at minimum to assess your hardship arguments.

Keep in mind you do 90% of the work collecting the evidence and the attorney does organization of the packet and a legal brief. Misrepresentation is a bit "tricker" than the simple waivers for unlawful presence that get approved fairly quickly with minimum hardship. Unfortunately you will have to work hard to overcome this and the assumption that your spouse has already lied once so they will probably do more investigation verifying the

evidence and arguments presented since she has submitted manufactured evidence in the past.

If it takes longer than a year you need to let the Embassy know you are still engaged in the process and that will keep them from sending the I130 back to USCIS.

More than I was looking for and VERY much appreciated. Our lawyer is in $4k range and has successfully appealed in Manila before so that's a bonus. She's ILIA member and known on the West Coast. They already "interrogated" my wife at the CR1 interview about the matter and took a sworn affidavit from her. Ethical, who knows but what my wife did wasn't exactly on the aboveboard either. She was in the Embassy for 10 or so hours and now they're sitting on the "letter" explaining our options and charges due her last week. I know a week isn't a lifetime but sometimes it surely feels like it.

Bob

Edited by calibob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

Thanks...what I was looking for...!

More than I was looking for and VERY much appreciated. Our lawyer is in $4k range and has successfully appealed in Manila before so that's a bonus. She's ILIA member and known on the West Coast. They already "interrogated" my wife at the CR1 interview about the matter and took a sworn affidavit from her. Ethical, who knows but what my wife did wasn't exactly on the aboveboard either. She was in the Embassy for 10 or so hours and now they're sitting on the "letter" explaining our options and charges due her last week. I know a week isn't a lifetime but sometimes it surely feels like it.

Bob

She should be writing everything down that they asked her to the best of her ability and memory while its still fresh and also trying to write down everything that was in the sworn affadavit, I doubt you will get a copy of it so your lawyer will need the best reconstruction she can come up with.

Cover every base going in so that the packet is "denial proof" going in then no worries about appeal.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: India
Timeline

If the Embassy has confirmed material mis-representation you have larger thing to worry about.

Misrepresentation can carry a lifetime ban in worse can situation and CO just came to conclusion your spouse is only using you as a channel to get into US.

Share this post


Link to post
Share on other sites
Filed: Country:
Timeline

Material Misrepresentation at the Manila Embassy? OUCH!!!

This is a prime example of why nobody should use a fixer in the Philippines.

Since it's pretty easy of a US Expat to work and support themselves in the Philippines especially when they're married to a Filipino I wouldn't want to have to overcome the level of hardship needed for this one.

I wish I had some better advice to give but all I've got is to contact Laurel Scott or Marc Ellis (I think Marc Ellis is better versed in Asian countries and Laurel Scott with Mexico) and see if they might be able to help you.

Regarding your current attorney, this isn't a matter of Appealing the CO's decision. The CO wasn't even allowed to make a decision due to the prior Material Misrepresentation. Ask the lawyer if they have been successful overcoming a Material Misrepresentation Entry Ban with a Hardship Waiver. It's a very specific question.

Edited by Bob 4 Anna

Share this post


Link to post
Share on other sites

Material Misrepresentation at the Manila Embassy? OUCH!!!

This is a prime example of why nobody should use a fixer in the Philippines.

Since it's pretty easy of a US Expat to work and support themselves in the Philippines especially when they're married to a Filipino I wouldn't want to have to overcome the level of hardship needed for this one.

I wish I had some better advice to give but all I've got is to contact Laurel Scott or Marc Ellis (I think Marc Ellis is better versed in Asian countries and Laurel Scott with Mexico) and see if they might be able to help you.

Regarding your current attorney, this isn't a matter of Appealing the CO's decision. The CO wasn't even allowed to make a decision due to the prior Material Misrepresentation. Ask the lawyer if they have been successful overcoming a Material Misrepresentation Entry Ban with a Hardship Waiver. It's a very specific question.

I misspoke on the appeal, I meant misrepresentation ban/601 waiver processing was where she was successful. So what you're telling me is we may have to do 2 individual 601's if the CO doesn't think everything is legit??? One for the material misrepresentation and the second for the IR1?


  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Russia
Timeline

I misspoke on the appeal, I meant misrepresentation ban/601 waiver processing was where she was successful. So what you're telling me is we may have to do 2 individual 601's if the CO doesn't think everything is legit??? One for the material misrepresentation and the second for the IR1?

No only one I601 will be needed but if they come up with another Misrep charge on the most recent interview I would pack my bags and move to Manila because its going to be a seriously uphil battle

Share this post


Link to post
Share on other sites

Not to worry on the second one, she's legit on it, that's not my worry now, just that the CO will throw up an obstacle for good measure. She tried the tourist visa in 2003 and thought it over with the denial. I met her on line in 2009 and we hit it off, I've visited 3 times since and all is legit. We're battening down the hatches for the 601 now so to speak. She's basically a good kid, just took some bad advice and used bad judgement and is paying the price now for it.

Bob

Edited by calibob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...