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

[belly21 3]

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real but that because of my fiance's previous marriage to a USC and the petition she had previously submitted for him was revoked due to lack of proof on behalf of the petitioner, she said that he had to submit the 601 waiver.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?????

[LA NEGRA 19]

I wonder if getting married would help even thou that does not prove that it's a real relationship....I am so sorry to hear thais situation

Edited January 9, 2015 by LA NEGRA

[TBoneTX 43,057]

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

[LA NEGRA 19]

I wonder if getting married would help even thou that does not prove that it's a real relationship....I am so sorry to hear thais situation

did he lie about his previous k-1 application??

[Ebunoluwa 6,136]

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.

[Boiler 43,430]

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

Not sure I understand the reason for the waiver.

[J&N071213 57]

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?

[Jawaree 717]

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

[Jawaree 717]

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?

[Boiler 43,430]

Come back to what was the misrepresentation?

[Ebunoluwa 6,136]

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.

[Jawaree 717]

_{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 January 11, 2015 by Jawaree

[belly21 3]

did he lie about his previous k-1 application??

No, he didn't lie. It was an I-130 that was filed before because he was married.

[belly21 3]

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.

[Ebunoluwa 6,136]

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.