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Dominican Republic, K-1 Visa Refused, was told to file 601 Waiver for Misrepresentation

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Hello guys,

My interview in DR was on December 17, the consular officer asked me most of the questions, but we answered everything correctly, I took all the proof, a 4 inch binder full of pictures, receipts, money transfers, my passport copies, all my flight itineraries since we met, any single document to prove our relationship was legitimate. The problem was that the consular officer said that she wanted to approve us because she believed our relationship was real but that because of my fiance's previous marriage to a USC and the petition she had previously submitted for him was revoked due to lack of proof on behalf of the petitioner, she said that he had to submit the 601 waiver. We paid the fee at DOMEX for his passport delivery yet they didn't keep his passport. She said that once I got to the states, to submit the waiver for him and when the Embassy received the approved waiver packet, that he would get another date to go and drop off his passport and submit any additional paperwork he would need to give them. Can someone please shine a little light of hope among all this discouragement and depression I am going through? This is ridiculous, we had plans that just went to hell when his visa was denied. What can I do?????

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*** Thread moved from K-1 Process forum to the Waivers/AP forum -- OP is at that stage. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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In your topic line you mentioned misrepresentation but in the post you said he was refused the visa due to the previous petitioner (his ex wife)

not sending enough proof for a bona fide relationship. Did the ex receive a RFE and did not respond to it ? Revoked petitions carry a hard marker

of misrepresentation even if there was no misrepresentation per se. So you need to understand and let us know if he misrepesented himself in some way or if the revocation marked an automatic misrepresentation (even though he may have done nothing wrong). What exactly is the core of the mirepresentation ?

You need to consult with an attorney. Waivers for misreps are not as easy as filling out a form but are accompanied by a hardship letter packet

with supporting evidence attesting to what your hardship points are, of which you need several points (reasons) and proof why you will endure

hardship without him in the USA. If you got along without him just fine before then it is hard to proof that you would suffer extreme hardship without him

(financial, health wise, children etc). Just being depressed won't be a good enough reason for them.

If it was an automatic misrepresentation by way of revocation due to lack of proof or never answered RFE, then they may be more lenient.
More details are needed.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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There is no waiver for an prior sham marriage I thought.

Not sure I understand the reason for the waiver.


“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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Hello guys,

My interview in DR was on December 17, the consular officer asked me most of the questions, but we answered everything correctly, I took all the proof, a 4 inch binder full of pictures, receipts, money transfers, my passport copies, all my flight itineraries since we met, any single document to prove our relationship was legitimate. The problem was that the consular officer said that she wanted to approve us because she believed our relationship was real but that because of my fiance's previous marriage to a USC and the petition she had previously submitted for him was revoked due to lack of proof on behalf of the petitioner, she said that he had to submit the 601 waiver. We paid the fee at DOMEX for his passport delivery yet they didn't keep his passport. She said that once I got to the states, to submit the waiver for him and when the Embassy received the approved waiver packet, that he would get another date to go and drop off his passport and submit any additional paperwork he would need to give them. Can someone please shine a little light of hope among all this discouragement and depression I am going through? This is ridiculous, we had plans that just went to hell when his visa was denied. What can I do?????

Was he denied his previous petition or had to submit additional proof?

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Not a DIY project.over-coming a misrep is an uphill battle,

simply filling out a form by you is not enough, U need a WAIVER

atty to overcome that with a strong brief, lots of hardships on your part

(not him) $585 for waiver., also the 221G must be sent with pkge.

In this case they must have given U a paper to file waiver, whether U get

marry now or not the misrep still stands in their computers. Misrep is hard

to overcome some even carries a lifetime bar...I would suggest U google

Lizz Cannon and Heather Poole for free phone consults & prices

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There is no waiver for an prior sham marriage I thought.

Not sure I understand the reason for the waiver.

If proven the 1st relationship ended and was not closed which seem

like 2 nd one is being misrepresented there is a waiver, but an atty need to

sort it out with proper briefs/dates explanation, if its str8 up sham (uscis thinks)

there is no waiver, OP did the CO give U a paper and ticked off approval to

file waiver?

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Come back to what was the misrepresentation?


“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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The previous revocation has a hard marker for mirepresentation. So it carried over to the current case, regardless of a new /current misrepresentation

or not. Even if he did nothing wrong, the previous revocation carries misrepresentation to the current case.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Unless there were lies in the 1st petition, or them being unable to step up to a RFE

an atty can sort out the matter ONLY if the relationship fell apart and ended, but that

application was not closed with USCIS properly as should, and now lies a 2nd petition.

Yes even so its a red-flag, thats why a good waiver atty is needed to get around that.

There was someone else here last year with a similar problem and eventually got it

sorted out ...OP no one here knows your true immigration history asome cases seem alike

but is different....I can only encourage, not give false hope , but stay positive & get an atty

or two consultations..Honestly DR is considered high fraud in marriages

Example -those who get lifetime bars because they failed to attend an immigration

hearing then left the country, some get it lifted with a good atty who knows how to go

around it and proving they did not know they had a hearing or got no notice

Edited by Jawaree

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In your topic line you mentioned misrepresentation but in the post you said he was refused the visa due to the previous petitioner (his ex wife)

not sending enough proof for a bona fide relationship. Did the ex receive a RFE and did not respond to it ? Revoked petitions carry a hard marker

of misrepresentation even if there was no misrepresentation per se. So you need to understand and let us know if he misrepesented himself in some way or if the revocation marked an automatic misrepresentation (even though he may have done nothing wrong). What exactly is the core of the mirepresentation ?

You need to consult with an attorney. Waivers for misreps are not as easy as filling out a form but are accompanied by a hardship letter packet

with supporting evidence attesting to what your hardship points are, of which you need several points (reasons) and proof why you will endure

hardship without him in the USA. If you got along without him just fine before then it is hard to proof that you would suffer extreme hardship without him

(financial, health wise, children etc). Just being depressed won't be a good enough reason for them.

If it was an automatic misrepresentation by way of revocation due to lack of proof or never answered RFE, then they may be more lenient.

More details are needed.

Yes the consular officer gave me the 221g and told me to file the 601 waiver for misrepresentation due to the fact that because of his previous case that got revoked, she wouldn't be able to approve it. She told me and I quote "I want to approve you guys, I know your relationship is real, but due to the fact that he had a previous case revoked, he needs to file the waiver. When we receive the approved waiver packet, We will send him another interview so he can drop off his passport and put the visa on it." She gave us that famous "green ticket" to pay the passport fee and we did. She said to pay it in advance and like that, when he goes back, he doesn't need to pay it again.

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Yes the consular officer gave me the 221g and told me to file the 601 waiver for misrepresentation due to the fact that because of his previous case that got revoked, she wouldn't be able to approve it. She told me and I quote "I want to approve you guys, I know your relationship is real, but due to the fact that he had a previous case revoked, he needs to file the waiver. When we receive the approved waiver packet, We will send him another interview so he can drop off his passport and put the visa on it." She gave us that famous "green ticket" to pay the passport fee and we did. She said to pay it in advance and like that, when he goes back, he doesn't need to pay it again.

You may want to ask her if the waiver form by itself will be sufficient or if a hardship letter needs to accompany it.

It sounds like an automatic misrepresentation marker for the sole reason of the previous petition having been revoked like I explained before.

I would still consult an attorney and the embassy for instructions on the hardship letter and if it is needed in your particular case.


Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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