CR1 visa denied based on K1 rejection

[Nature11 0]

My wife had an interview at Mumbai consulate yesterday (20-APR-2012) and we had a bitter experience at the end. She answered all the questions related to CR1 and at the end they asked whether she applied for any other visa earlier and she told that we applied K1 and got rejected. When she attended the K1 interview last year at Chennai she accepted the fact with Department of State that we were married and they suggested us to apply for spouse visa. We also got the letter from CSC that K1 case is closed and also confirmed with USCIS about k1 case closure. Yesterday consular officer didn't issue the visa under with INA 212(a)(6)©(i) because of misrepresenting her as engaged in K1 interview and asked her to apply I-601 (Application for waiver for inadmissability) with USCIS New Delhi. Consular officer didn't listen her when she explained that we accepted as married with DOS. Once I-601 approved at New Delhi they will forward it to Mumbai consulate for interview. Current processing time for I-601 is 6 months. Here are couple of questions.

1. Anyone experienced similar situation, any suggestions on how can we proceed

2. Can we get any help from Immigration lawyer on how to present the K1 rejection in I-601

3. Can we get the copy of our declaration from US consulate Chennai that my wife gave at K1 interview to DOS

4. Can we expedite the case with USCIS, New Delhi with the reason of being separated for 18 months and family customs

5. Do we qualify for extreme hardship (form I-212)

Appreciate your suggestions. Thanks in advance.

[NigeriaorBust 4,087]

If you were married when you applied for the K1 you lied to the governement and that is what you are in trouble for. Lying is a big problem. You need a waiver to excuse the ban resulting from the lie. You must show extreme hardship to you if you can't be with your wife in the US. The 212 isn't used because she hasn't been deported from the US. Just the 601. Immigrate2us.net has really good advise on waivers.

[all for God 1]

Is it like Ʊ had a large engargement party that CO termed as marriage or you were truly married the normal way,marriage certifacete an all.when you were now ask to file CR1,the you tendered the marriage certifate you had then before filling the k1 for the CR1.

[Ryan H 3,790]

Moved from IR-1/CR-1 Process & Procedures to Waivers forum; OP's wife was told by a CO that a waiver would need to be filed prior to being issued a visa.

[AKSinghSingh79 143]

Nature,

Your post is a little confusing. Can you clarify some things so that I and other members will be able to assist you better?

From my understanding, you and your wife applied for a K-1 visa last year through Chennai and it was denied. So you were advised to get married in India and re-apply for the CR-1 visa. Is that correct?

What did your wife's denial letter state when she was declined for the K-1?

If you were married in India, did you get married under the Hindu Marriage Act or the Special Marriage Act?

[mahar 0]

My wife had an interview at Mumbai consulate yesterday (20-APR-2012) and we had a bitter experience at the end. She answered all the questions related to CR1 and at the end they asked whether she applied for any other visa earlier and she told that we applied K1 and got rejected. When she attended the K1 interview last year at Chennai she accepted the fact with Department of State that we were married and they suggested us to apply for spouse visa. We also got the letter from CSC that K1 case is closed and also confirmed with USCIS about k1 case closure. Yesterday consular officer didn't issue the visa under with INA 212(a)(6)©(i) because of misrepresenting her as engaged in K1 interview and asked her to apply I-601 (Application for waiver for inadmissability) with USCIS New Delhi. Consular officer didn't listen her when she explained that we accepted as married with DOS. Once I-601 approved at New Delhi they will forward it to Mumbai consulate for interview. Current processing time for I-601 is 6 months. Here are couple of questions.

1. Anyone experienced similar situation, any suggestions on how can we proceed

2. Can we get any help from Immigration lawyer on how to present the K1 rejection in I-601

3. Can we get the copy of our declaration from US consulate Chennai that my wife gave at K1 interview to DOS

4. Can we expedite the case with USCIS, New Delhi with the reason of being separated for 18 months and family customs

5. Do we qualify for extreme hardship (form I-212)

Appreciate your suggestions. Thanks in advance.

my wife K1 visa was also denied because they said that we were married but actually we were not married at that time this all done due to confusion and the officer said to her to gave a statment that we will got married before oct 14 my wife wanted to write that we will got married before 14 oct 2011 but i think she wrote the date 14 oct 2010 instead of 2011 she confuse between the year 2010 and 2011 because they treat her like criminal she did not know actually what she wrote in confusion.her k1 interview was on 3rd oct 2011and i was with her at interview time i wanted to talk with them but they did not listen to me.on the next day we got married on oct 4 and now my cr1 interview is coming soon i wanted to know that you were actually married before k1 interview or you got married after that please update me actually what happened with your wife at k1 interview and now.i really apperciated for your response

[Nature11 0]

Here are some more details. After engagement in Sep. 2010, we applied for K1 visa in Oct. 2010. Married in Feb 2011 and didn't register the wedding, but interview is scheduled for Apr. 2011. During K1 interview, she told that we didn't marry as we thought religious function without marriage registration is not considered as legal wedding. In the end, she accepted the fact with Department of State that marriage was done in Feb and they suggested to apply for CR1 or K3. Then we registered our wedding in May and applied for CR1 in June. During K1 denial, she didn't get any letter with the reason. She got only information page on K3 and CR1 visa process. We are guessing that the declaration she gave with department of state is not updated with consular officer. We didn't get any letter afterwards to apply for any waiver after K1 is denied or when we applied for CR1.

Nature,

Your post is a little confusing. Can you clarify some things so that I and other members will be able to assist you better?

From my understanding, you and your wife applied for a K-1 visa last year through Chennai and it was denied. So you were advised to get married in India and re-apply for the CR-1 visa. Is that correct?

What did your wife's denial letter state when she was declined for the K-1?

If you were married in India, did you get married under the Hindu Marriage Act or the Special Marriage Act?

[canadian_wife 1,791]

So at the K-1 interview she admitted she was married to you. Well there's your answer. A misrepresentation charge should have been expected.

But to answer your questions

1. I am sure yes, this has happened in Nigeria before

2. Sure, immigrationg lawyers are necessary for the I601. Laural Scott is an expert at inadmissability and offers a free chat on Wednesdays

3. You can contact the consulate to see about this one

4. No, no expedite for a misrepresentation. You were married when you applied for the K-1, why should you get an expedite?

5. We don't know if you qualify for extreme hardship but you need a lawyer. The I212 is for deportation, I do not believe this form is for you. What medical, family, financial situations qualify you for extreme hardship? The "I miss my wife, it's been 18 months" is not an extreme harship. It sucks, but does not qualify for USCIS

Sorry about your denial

Good luck

1. Anyone experienced similar situation, any suggestions on how can we proceed

2. Can we get any help from Immigration lawyer on how to present the K1 rejection in I-601

3. Can we get the copy of our declaration from US consulate Chennai that my wife gave at K1 interview to DOS

4. Can we expedite the case with USCIS, New Delhi with the reason of being separated for 18 months and family customs

5. Do we qualify for extreme hardship (form I-212)

Appreciate your suggestions. Thanks in advance.

[Harsh_77 716]

Dude you have mis represented in first place, when you were married you lied to US immigration and presented yourself as engaged.

Assuming K1 would be processed faster than CR1, now either you have patience and get it fixed right way and file i601 as reccomended instead of coming up with fake excuse of 18 months of sepration and family tradition and customs.

you are paying the price of sepration coz of your own greed to process the visa faster and thus lieing and applying for wrong visa type.

[jaycali 415]

You do not qualify for a waiver. As previously said, missing your wife is not an expedite reason. If this was due to USCIS or DOS error, maybe, but it sounds like a clear case of misrepresentation and there's no expedite for that.

Many couples try to conceal their wedding simply because they "heard" that K-1 is faster. The consulates know this, and they don't take it lightly. If you're married, you file I-130 for CR-1/IR-1, if you're engaged you file I-129f for K1. Anything else will cause huge rammifications. The month or two of extra waiting is never worth the months, sometimes years of battling a misrepresentation charge.

Do you qualify for a waiver? Maybe. A waiver is not approved simply because you miss your wife, or can't live without her. They won't force you to separate, but in their eyes, you guys can just as well live in India. To get her to the US you have to prove a very good case as to why you absolutely cannot live with her in India, otherwise she's facing a 10 year, perhaps lifetime bar for misrepresentation. I suggest getting a very good lawyer.

Edited April 24, 2012 by jaejayC

[Nature11 0]

Thank you all for the clarifications. I took an appointment at Chennai Consulate today and they told that there is no other option but apply for waiver. At the end of K1 interview, we didn't get any refusal letter with the section under which they refused the visa. Even when we applied for CR1, neither USCIS or NVC didn't check previous rejections and denied our case. We came to know only at the CR1 interview that we have to apply for waiver. If we would have known after K1 interview thru Consulate/Dept. of State/USCIS/NVC then we would have applied for waiver before CR1 interview and saved the time. Now its like 8 months for K1 and 10 months for CR1 and another x months for waiver and another CR1 interview.

Can anyone suggest any good lawyers in Chennai who can assist in 601 waiver packet preparation

On what grounds USCIS approves 601. Any suggestions on what evidence can make this case stronger.

Can congressmen from my county can in expediting the 601 approval. USCIS Delhi says that the current processing time is 180 days

Do we need to go in person to New Delhi to submit I-601 packet or can we send by courier

Thanks a lot for your time in clarifying lot of questions.

[aaron2020 11,651]

My wife had an interview at Mumbai consulate yesterday (20-APR-2012) and we had a bitter experience at the end. She answered all the questions related to CR1 and at the end they asked whether she applied for any other visa earlier and she told that we applied K1 and got rejected. When she attended the K1 interview last year at Chennai she accepted the fact with Department of State that we were married and they suggested us to apply for spouse visa. We also got the letter from CSC that K1 case is closed and also confirmed with USCIS about k1 case closure. Yesterday consular officer didn't issue the visa under with INA 212(a)(6)©(i) because of misrepresenting her as engaged in K1 interview and asked her to apply I-601 (Application for waiver for inadmissability) with USCIS New Delhi. Consular officer didn't listen her when she explained that we accepted as married with DOS. Once I-601 approved at New Delhi they will forward it to Mumbai consulate for interview. Current processing time for I-601 is 6 months. Here are couple of questions.

1. Anyone experienced similar situation, any suggestions on how can we proceed

2. Can we get any help from Immigration lawyer on how to present the K1 rejection in I-601

3. Can we get the copy of our declaration from US consulate Chennai that my wife gave at K1 interview to DOS

4. Can we expedite the case with USCIS, New Delhi with the reason of being separated for 18 months and family customs

5. Do we qualify for extreme hardship (form I-212)

Appreciate your suggestions. Thanks in advance.

The reason your wife's CR1 visa was denied is because she lied about her marital status when she applied for the K-1 visa. It's not the rejection of the K-1 that is the basis for the denial of the CR1. The lie about her marital status is the basis for the denial of the CR1. The lie was a material misrepresentation that affected her K-1 visa application.

It doesn't matter that the DOS accepted that you are married. Your wife is not being punished for being married. She is being punished for lying to the US government under penalty of perjury when she submitted a false K-1 application.

Go hire a lawyer. You will need one to guide you through the I-601 waiver. This is your only chance to bring your wife to the US. If you screw it up, then your wife will remain in India for a very long time. There is no room for mistakes. The two of you have already made a BIG MAJOR mistake. Don't make another one by trying to do it by yourself. You need professional help to deal with a material misrepresentation.

[aaron2020 11,651]

Here are some more details. After engagement in Sep. 2010, we applied for K1 visa in Oct. 2010. Married in Feb 2011 and didn't register the wedding, but interview is scheduled for Apr. 2011. During K1 interview, she told that we didn't marry as we thought religious function without marriage registration is not considered as legal wedding. In the end, she accepted the fact with Department of State that marriage was done in Feb and they suggested to apply for CR1 or K3. Then we registered our wedding in May and applied for CR1 in June. During K1 denial, she didn't get any letter with the reason. She got only information page on K3 and CR1 visa process. We are guessing that the declaration she gave with department of state is not updated with consular officer. We didn't get any letter afterwards to apply for any waiver after K1 is denied or when we applied for CR1.

Another cautionary tale - DON'T HAVE ANY MARRIAGE CEREMONY BEFORE ENTERING THE US ON THE K-1.

See what can happen when you decide on your own that a non-legal marriage ceremony before going to the US is okay for the K-1. It's not what you think that matters. It is what the US Embassy/Consulate thinks.