Need advice: Waiver to challenge status determination [split topic]

[bella21 1]

well i was re-invited for another interview abt 4 wks after i resent my contact sheet,only for me to get there,there was no actual interview.d consular officer handed me a form saying they sent investigators to my area n several people said am indeed married,i argued dat its not true.to cut long story short,she placed me on another category married sons n daughters of america citizen n said d priority date for d visa category is not current.she handed 2 forms to me,one says am ineligible for d visa based on misrepresentation (dat they assumed) n am eligible to apply for a waiver n another form dat says congratulations dat am qualified for d visa but my case is not current.well am a bit confused here.pls i need advice n immigration lawyer's contact dat can also advice me properly.

[bella21 1]

they didnt even call or visit d people on d cpontact sheet.its only natural for people to assume u r married to d person u live with n hv a child with.our wedding is planned for dec.what do i do now,i will even like to add him to d case,how do i apply for a waiver to challenge .whats ur advice,shld i do d wedding anyway n apply for a waiver

[NigeriaorBust 4,087]

You were interviewed as the single adult child of a USC which has a shorter wait then married adult child. When the priority date of married child of adult child comes current you will be able to apply with the waiver then

[Ebunoluwa 6,136]

If you aren't married then you must proof it with evidence.

Perhaps a certificate of single hood that you can get and some affidavits of friends and family attesting that you are

not married. Proof of your upcoming wedding, such as reservations, invitation cards etc.
I would go that route rather than the waiver which would confirm that you have misrepresented and are indeed married.

So if you aren't then why do a waiver ! Fight this with a good attorney.

[dwheels76 5,463]

well i was re-invited for another interview abt 4 wks after i resent my contact sheet,only for me to get there,there was no actual interview.d consular officer handed me a form saying they sent investigators to my area n several people said am indeed married,i argued dat its not true.to cut long story short,she placed me on another category married sons n daughters of america citizen n said d priority date for d visa category is not current.she handed 2 forms to me,one says am ineligible for d visa based on misrepresentation (dat they assumed) n am eligible to apply for a waiver n another form dat says congratulations dat am qualified for d visa but my case is not current.well am a bit confused here.pls i need advice n immigration lawyer's contact dat can also advice me properly.

Why would people in your area say you were married? To immigration that means you don't mingle and talk. You know 9ja everyone around you knows you business so for them to say "yep they married". I mean you live with the man and have a child that is an assumption. maybe wrong but you guys are looking and acting like a married couple.

You need a immigration lawyer here in US ask your mom to look a good one up.

[Ebunoluwa 6,136]

Brent Renison is one attorney I trust. I am unable to post the link, but it is entrylaw dot com.

Edited July 19, 2014 by Ebunoluwa

[Ebunoluwa 6,136]

It is a false assumption on the part of the investigators and CO. It is perfectly ok to live together in the US and be unmarried in regards to

the law and it is not otherwise assumed couples are married, so neither should it be automatically assumed just because it is Nigeria.

Custom my foot, even there people shack up, have kids without being married. We need to move past the village mentality of vague

assumptions.

Now if the neighbors, friends and families start pulling out photos from a legal marriage ceremony and they have a registered certificate

that they requested and found then that is another story.

Otherwise it is heresay and they are not supposed to go by third party assumptions without factual evidence.
If John Henry assumed you were married then that does not make it so.

That kind of mess pisses me off.

Reality is, the burden of proof is now on you and the difficult task to prove it.
I also know that unmarried couples refer to each other as husband and wife without the slightest hint of being legally married.
Investigators can knock at the door and ask :Is your husband home and she says no, he is out then voila.....you are screwed.

Clarify your "couplehood " and back it up with factual evidence, as I said a certificate of single hood, affidavits, future wedding plans etc....

I can only go by your post and can not assume you are married and that is how I am responding here.

[onye uwaoma 131]

well i was re-invited for another interview abt 4 wks after i resent my contact sheet,only for me to get there,there was no actual interview.d consular officer handed me a form saying they sent investigators to my area n several people said am indeed married,i argued dat its not true.to cut long story short,she placed me on another category married sons n daughters of america citizen n said d priority date for d visa category is not current.she handed 2 forms to me,one says am ineligible for d visa based on misrepresentation (dat they assumed) n am eligible to apply for a waiver n another form dat says congratulations dat am qualified for d visa but my case is not current.well am a bit confused here.pls i need advice n immigration lawyer's contact dat can also advice me properly.

Since you were not married and the assumption of the people around was that you were married, it will take you an immigration attorney to have a revised decision. the truth is that many people in Nigeria will assume you are already married couple when you move together with a woman and especially have a child or children together. this is a legal challenge and I believe is worth the effort. if you have not been married, then you may not have misrepresentation case against you; hence, fight to clear your name. good luck!

[EOC 440]

well i was re-invited for another interview abt 4 wks after i resent my contact sheet,only for me to get there,there was no actual interview.d consular officer handed me a form saying they sent investigators to my area n several people said am indeed married,i argued dat its not true.to cut long story short,she placed me on another category married sons n daughters of america citizen n said d priority date for d visa category is not current.she handed 2 forms to me,one says am ineligible for d visa based on misrepresentation (dat they assumed) n am eligible to apply for a waiver n another form dat says congratulations dat am qualified for d visa but my case is not current.well am a bit confused here.pls i need advice n immigration lawyer's contact dat can also advice me properly.

I really don't blame the neighbors or who ever told the investigators that you are married because in Nigeria, many unmarried people stay together and they refer to each other as *Oko & Iyawo* {it means husband & wife} so I assume people around told the investigator that you are already married. But the investigator should have dig more further and they should be able to provide more concrete documentary evidence before concluding on a case. Just like others have advised, you need to prove their conclusion wrong. I wish you all the best.

[DIANE2013 2]

When gettin to dis contacts sheets its really a messed up. ! God help me out aswell ! I. Hope pray n wait ! Gud lucks to me n. All in dis situations ! Amen

[joseph.rafter 2]

You lied and now you want help........maybe we do not want you in are country.

[Ebunoluwa 6,136]

You lied and now you want help........maybe we do not want you in are country.

OP stated that they are not married and that their wedding plans are for December.

Unless you can provide proof that they are married refrain from assumptions.

There is a thing called tact maybe you could make good use of.