our case is on ap due to fraud/material misreprestation

[Khmer2 0]

hi folks,

i married my wife on september 15, 2012 and filed a petion in november, 2012. my wife received a letter to go in for interview on march 19, 2014. both of us were at the interview, very nervous and the co asked us a lot of questions. i think we only got about 50% of the questions right, then came the letter from the co stating that according to the evidence obtained during the interview and from the documents submitted, the co did not believe that our marriage is genuine and the petition will be sent back to the usa on fraud/material misrepresentation ground. the co said that i will take 2 months for the petition to get back to the usa and he didn't know how long it will take before the uscis or nvc contact me regarding their decision. i checked the ap status update and it says:

" Case Creation Date: 26-Aug-2013, Status Updated Date: 28-Mar-2014 "

" Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days. Under the U.S. Immigration and Nationality Act, Immigrant Visas for "Diversity Visas" cannot be issued after September 30th of the year in which you were selected to apply for a Diversity Visa. For example, entrants into the Diversity Visa Program in Fall of 2011 were selected for Diversity Visa 2012 Program, and selectees MUST apply and receive their visa prior to September 30, 2012 otherwise they lose eligibility to receive a Diversity Immigrant Visa, regardless of additional administrative processing. In addition, please note that some immigrant visas may not be able to be issued if the annual numerical limit for that category has been reached."

in the mean time, i've already talked to a lawyer and he suggested that i should submit more supporting documents such as affidavits from friends and relatives stating that our marriage is genuine and more proofs of our relationship. the lawyer also suggested that i file a new petiton and pay all the fees again. any of u guys out there in the same situation as me? what are your suggestions?

thank you and good luck to all

Edited June 22, 2014 by Khmer2

[algerinou 2]

but for what reason the co denied your visa at the interview is there somthing ? do u have alot of proofs like photos with family and message phones and skype yahoo and letters from family is there somthing he ask about at the interview,?

[ashleyphilly 70]

Why could you only answer only 50 % of the questions?

[Ilovemyman 147]

but for what reason the co denied your visa at the interview is there somthing ? do u have alot of proofs like photos with family and message phones and skype yahoo and letters from family is there somthing he ask about at the interview,?

Read the post to know, without read the post you can answer.

[Ilovemyman 147]

Why could you only answer only 50 % of the questions?

Good question, of course that you dont 100% your wife or husband but how one couple with a real marriage can only answer 50% of questions made.?

That is strange.

[Ilovemyman 147]

hi folks,

i married my wife on september 15, 2012 and filed a petion in november, 2012. my wife received a letter to go in for interview on march 19, 2014. both of us were at the interview, very nervous and the co asked us a lot of questions. i think we only got about 50% of the questions right, then came the letter from the co stating that according to the evidence obtained during the interview and from the documents submitted, the co did not believe that our marriage is genuine and the petition will be sent back to the usa on fraud/material misrepresentation ground. the co said that i will take 2 months for the petition to get back to the usa and he didn't know how long it will take before the uscis or nvc contact me regarding their decision. i checked the ap status update and it says:

" Case Creation Date: 26-Aug-2013, Status Updated Date: 28-Mar-2014 "

" Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days. Under the U.S. Immigration and Nationality Act, Immigrant Visas for "Diversity Visas" cannot be issued after September 30th of the year in which you were selected to apply for a Diversity Visa. For example, entrants into the Diversity Visa Program in Fall of 2011 were selected for Diversity Visa 2012 Program, and selectees MUST apply and receive their visa prior to September 30, 2012 otherwise they lose eligibility to receive a Diversity Immigrant Visa, regardless of additional administrative processing. In addition, please note that some immigrant visas may not be able to be issued if the annual numerical limit for that category has been reached."

in the mean time, i've already talked to a lawyer and he suggested that i should submit more supporting documents such as affidavits from friends and relatives stating that our marriage is genuine and more proofs of our relationship. the lawyer also suggested that i file a new petiton and pay all the fees again. any of u guys out there in the same situation as me? what are your suggestions?

thank you and good luck to all

Dont waste your time sudmiting documents now.

Your petition will be sent to uscis again and deny .

After that you can apply again.

But now, nothing you can do, you have said that you only answer 50% of questions, for the co that is a fraud.

And get prepare for the second application to be inquire

[dwheels76 5,459]

hi folks,

i married my wife on september 15, 2012 and filed a petion in november, 2012. my wife received a letter to go in for interview on march 19, 2014. both of us were at the interview, very nervous and the co asked us a lot of questions. i think we only got about 50% of the questions right, then came the letter from the co stating that according to the evidence obtained during the interview and from the documents submitted, the co did not believe that our marriage is genuine and the petition will be sent back to the usa on fraud/material misrepresentation ground. the co said that i will take 2 months for the petition to get back to the usa and he didn't know how long it will take before the uscis or nvc contact me regarding their decision. i checked the ap status update and it says:

" Case Creation Date: 26-Aug-2013, Status Updated Date: 28-Mar-2014 "

" Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days. Under the U.S. Immigration and Nationality Act, Immigrant Visas for "Diversity Visas" cannot be issued after September 30th of the year in which you were selected to apply for a Diversity Visa. For example, entrants into the Diversity Visa Program in Fall of 2011 were selected for Diversity Visa 2012 Program, and selectees MUST apply and receive their visa prior to September 30, 2012 otherwise they lose eligibility to receive a Diversity Immigrant Visa, regardless of additional administrative processing. In addition, please note that some immigrant visas may not be able to be issued if the annual numerical limit for that category has been reached."

in the mean time, i've already talked to a lawyer and he suggested that i should submit more supporting documents such as affidavits from friends and relatives stating that our marriage is genuine and more proofs of our relationship. the lawyer also suggested that i file a new petiton and pay all the fees again. any of u guys out there in the same situation as me? what are your suggestions?

thank you and good luck to all

Something is very wrong here. You didn't get the usual denied because you didn't show evidence of a bonafide relationship. But denied for "fraud/material misrepresentation ground."

What exactly did you submit? Was their previous petitions?

Filing again gets you no where if you don't know why they think you have a fraud /Misrep. You need to find out what was said so wait you must..

[Ebunoluwa 6,136]

Back up here...you didn't give enough details.....you filed a I-130 for a CR1 visa and the CO didn't believe you have a bona fide marriage.

What evidence of a genuine marriage did you submit ?
Which questions were asked ? Which ones did you not know ?

Did he mention the reason he suspected fraud other than that he believes you are not bona fide ?

Were all your documents in order or did he say you misrepresented yourself on one ?

Has there been a previous application for any visa type ? Tourist, K1, Diversity ?

CR1's do not expire so the above comment that you simply file again by one poster is incorrect.

A CO can not revoke your petition, only USCIS can, therefore after your case returns to USCIS you will receive a NOID/NOIR

letter addressing the issues the CO found and you will have a certain time in which to submit your rebuttal.
Then you wait if USCIS accepts or denies it. If denied you correct the issue(s) and file again.
If reaffirmed, the case will go back to the consulate for another interview.

You will have a good chance to be reaffirmed IF you address the issues they don't like.
Your lawyer is missing the boat, if you get denied on misrepresentation find a lawyer that specializes in waivers

but that is another topic for another day. First things first.
Wait for the NOID/NOIR Letter (3-6 months) and come back here if anything is unclear.

Share exact details of how the interview went as being vague will not get you the help here you need.

[Khmer2 0]

but for what reason the co denied your visa at the interview is there somthing ? do u have alot of proofs like photos with family and message phones and skype yahoo and letters from family is there somthing he ask about at the interview,?

i believe the reason is because the co thinks our marriage is a fraud. yes, we have a lot of photos, skype reports, phone call reports and a lot more. there were a lot questions asked during the interview, but the main 2 questions that everyone should get on are: 1). how do you know each other? 2). if you've never met each other in person, What made you decide to marry/engage him/her? If you've met each other before the wedding/engagement, then just answer whatever you think best for you situation. we've put in a lot of effort, time and money to get anything that we could think of as well as tips and suggestions from other people of what we should do and get, but at the end it all came down to something in the paperwork that they have on file that turned out to be fraud/material misrepresentation which could be mistakes that were made due to human errors.

Edited June 23, 2014 by Khmer2

[Khmer2 0]

Why could you only answer only 50 % of the questions?

hi i just put that out off the top of my head, but there were so many questions asked and the interniew took more than 2 hrs. there were 2 questions that we failed, it's the name of the state where my wife's relative lives and the date when i first arrived in cambodia.

[Khmer2 0]

Dont waste your time sudmiting documents now.

Your petition will be sent to uscis again and deny .

After that you can apply again.

But now, nothing you can do, you have said that you only answer 50% of questions, for the co that is a fraud.

And get prepare for the second application to be inquire

we failed some of the questions because my wife and i didn't know how to say and/or remember. so basically, i just have to wait for the uscis/nvc to contact me, then i can go from there right?

[Khmer2 0]

Something is very wrong here. You didn't get the usual denied because you didn't show evidence of a bonafide relationship. But denied for "fraud/material misrepresentation ground."

What exactly did you submit? Was their previous petitions?

Filing again gets you no where if you don't know why they think you have a fraud /Misrep. You need to find out what was said so wait you must..

hello sir,

i could not think of any documents that made the co think of us that way unless there were errors somewhere. this is the first petition i filed for my wife. i've attached a refusal sheet from the co for you guys to look.

[Khmer2 0]

Back up here...you didn't give enough details.....you filed a I-130 for a CR1 visa and the CO didn't believe you have a bona fide marriage.

What evidence of a genuine marriage did you submit ?

Which questions were asked ? Which ones did you not know ?

Did he mention the reason he suspected fraud other than that he believes you are not bona fide ?

Were all your documents in order or did he say you misrepresented yourself on one ?

Has there been a previous application for any visa type ? Tourist, K1, Diversity ?

CR1's do not expire so the above comment that you simply file again by one poster is incorrect.

A CO can not revoke your petition, only USCIS can, therefore after your case returns to USCIS you will receive a NOID/NOIR

letter addressing the issues the CO found and you will have a certain time in which to submit your rebuttal.

Then you wait if USCIS accepts or denies it. If denied you correct the issue(s) and file again.

If reaffirmed, the case will go back to the consulate for another interview.

You will have a good chance to be reaffirmed IF you address the issues they don't like.

Your lawyer is missing the boat, if you get denied on misrepresentation find a lawyer that specializes in waivers

but that is another topic for another day. First things first.

Wait for the NOID/NOIR Letter (3-6 months) and come back here if anything is unclear.

Share exact details of how the interview went as being vague will not get you the help here you need.

as for evidence of genuiness, we submitted lots of signed and notarized docs from local authorities and the usual stuff like wedding photos, records of us calling/talking to each others and many more. i don't remember all of the questions off the top of my head, but the first question the co asked my wife was how did she know me? then he asked about how we never met in person (we met in skype everyday for 9 months before our wedding) and what made her decided to marry me? he said a lot of bs which i disgreed with like, i quote "29 is not old" when he replied to my wife's answer of the reason she decided to marry me was because she's getting older (29 yrs old) and most of her high school bff are married with 2 of 3 kids so it's time for a family of her own. And also because she thinks both of us are comparable to one another as i'm only 4 yrs older than her, have a full time job and not someone who spends most of his time at the casino or drinking his life away. He also asked if she has relatives living in the usa, and she answered "yes, she has a third cousin living in the usa" then he asked where and she couldn't say the name of the city/state (philadelphia/pennsylvania) so i asked the co if i could answer it for her which he said yes with hesitation.

he did not mention the reason he suspected fraud other than that he believes our relationship is not a bonafide relationship.

i believe we had everything in order and there was no word from the co regarding misrepresentation until the end when he gave us the refusal sheet.

there's no previous application for any visa type, Tourist, K1, Diversity.

thank you for the info. i've uploaded a refusal sheet from the co for you to look at and maybe you could help me with some more ideas of what to do and not to do.

[Khmer2 0]

Back up here...you didn't give enough details.....you filed a I-130 for a CR1 visa and the CO didn't believe you have a bona fide marriage.

What evidence of a genuine marriage did you submit ?

Which questions were asked ? Which ones did you not know ?

Did he mention the reason he suspected fraud other than that he believes you are not bona fide ?

Were all your documents in order or did he say you misrepresented yourself on one ?

Has there been a previous application for any visa type ? Tourist, K1, Diversity ?

CR1's do not expire so the above comment that you simply file again by one poster is incorrect.

A CO can not revoke your petition, only USCIS can, therefore after your case returns to USCIS you will receive a NOID/NOIR

letter addressing the issues the CO found and you will have a certain time in which to submit your rebuttal.

Then you wait if USCIS accepts or denies it. If denied you correct the issue(s) and file again.

If reaffirmed, the case will go back to the consulate for another interview.

You will have a good chance to be reaffirmed IF you address the issues they don't like.

Your lawyer is missing the boat, if you get denied on misrepresentation find a lawyer that specializes in waivers

but that is another topic for another day. First things first.

Wait for the NOID/NOIR Letter (3-6 months) and come back here if anything is unclear.

Share exact details of how the interview went as being vague will not get you the help here you need.

"You will have a good chance to be reaffirmed IF you address the issues they don't like">>> what do you mean when you said "issues they don't like"?

[algerinou 2]

touris visa and k1 visa and diversty visa is not stop people to get marry

Back up here...you didn't give enough details.....you filed a I-130 for a CR1 visa and the CO didn't believe you have a bona fide marriage.

What evidence of a genuine marriage did you submit ?
Which questions were asked ? Which ones did you not know ?

Did he mention the reason he suspected fraud other than that he believes you are not bona fide ?

Were all your documents in order or did he say you misrepresented yourself on one ?

Has there been a previous application for any visa type ? Tourist, K1, Diversity ?

CR1's do not expire so the above comment that you simply file again by one poster is incorrect.

A CO can not revoke your petition, only USCIS can, therefore after your case returns to USCIS you will receive a NOID/NOIR

letter addressing the issues the CO found and you will have a certain time in which to submit your rebuttal.
Then you wait if USCIS accepts or denies it. If denied you correct the issue(s) and file again.
If reaffirmed, the case will go back to the consulate for another interview.

You will have a good chance to be reaffirmed IF you address the issues they don't like.
Your lawyer is missing the boat, if you get denied on misrepresentation find a lawyer that specializes in waivers

but that is another topic for another day. First things first.
Wait for the NOID/NOIR Letter (3-6 months) and come back here if anything is unclear.

Share exact details of how the interview went as being vague will not get you the help here you need.

tourist visa or k1 visa or diversty visa not stop him to get marry and get cr1 visa