K1 visa refusal under 212a6c1

[Random US 0]

Dear All,

I hope someone can help with this,

I was interviewed for K1 in USCG Sydney on 23rd of dec 14. Where my case was put on A.P due to lack of documents which were submitted in 10 days. Me and my fiance were interviewed on phone again at the same time after a month. I recieved

an email from them couple of days back saying that your petition is expiring ask your fiance to submit the request for petition extension at earliest which was submitted on 23rd March 15 but on 20th March 15 they issued a refusal letter under section 212a6c1 misrepresentation and that i am eligible to apply for a waiver. I am surprised and frustrated at the same time as from relationship to documents everything is genuine why would i submit a fraud document or a fake one?. They didnt specify anything in the letter nor i get any proper reply on email. Can anyone help clarifying whats goinf on please?

[Villanelle 4,121]

There are a lot of people here that can give you assistance on what things mean and speculation on what may be going on. However- keep in mind none of us have access to your specific personal info or paperwork...

So- first- if you could clean up your dates and make a more specific time line because things like 'a few days backs (?)' isnt a date and makes it hard(er) to pin down exactly what may be going on. Second- a bit more specific info on what was missing and what you sent in would be helpful.

As for the misrepresentation waiver. That can be attny territory but it doesnt always need to be. In your case it might because it seems to have come out of nowhere on you.

This is a attny advert page- I dont know who they are and am in no way endorsing them- it has basic info on what is a misrep waiver and why you MAY need one. Read it over.

Have you done any of those things? You say no. All your papers are good. So I dont know. Is there a reason they would believe otherwise? If you read it, it states you can either fight the misrepresentation or file the waiver.

For people in your situation- generally they are advised to wait for official letters/paper to come from USCIS with the details explaining. And then to either- hire an attny or file the waiver themselves.

And/or contact their congressperson for assistance to deal with the embassy for info on what the problem is when the embassy is unresponsive.

[Boiler 43,433]

My guess is that it relates to something very different.

[Villanelle 4,121]

lol forgot the link,,,

https://immigrationidaho.com/idaho-immigration-waiver-lawyer/misrepresentation-waivers-fraud-waivers/

and yes- doesnt have to necessarily be a document-- it seems they are assuming it is one. (assuming is one of the worst things you can do, but I dont know that they have anything else to think it could be?)

For them to put her in that category they must have decided there was a 'willful misrepresentation' and a'material fact'. Again not necessarily a document (like a birth certificate or phony passport). Commonly its a document. So if they online searched probably document fraud came up hence her post of I didnt give them anything fake please help us.

They need to zero in on what the 'material fact' was that they are being accused of misrepresenting and then subsequently decide how to handle it- either fight to say we didnt willfully misrepresent it or go the waiver route.

[Random US 0]

About dates:

27th Feb i recieved email that birth certificate submitted is not for immigration purposes get one from union council submitted in 10 days.

17th Mar they emailed that petition is expired write for extension which was submitted on 23rd Mar. 24th they replied its recieved and under consideration meanwhile they changed the status on ceac on 23rd march to refused. 25th Mar they dispatched documents with refusal letter with 212a6c1.

But how do i find the reason they dont have phone service and not replying to the email? Where do i apply for waiver?

[KayDeeCee 4,891]

Dear All,

I hope someone can help with this,

I was interviewed for K1 in USCG Sydney on 23rd of dec 14. Where my case was put on A.P due to lack of documents which were submitted in 10 days. Me and my fiance were interviewed on phone again at the same time after a month. I recieved

an email from them couple of days back saying that your petition is expiring ask your fiance to submit the request for petition extension at earliest which was submitted on 23rd March 15 but on 20th March 15 they issued a refusal letter under section 212a6c1 misrepresentation and that i am eligible to apply for a waiver. I am surprised and frustrated at the same time as from relationship to documents everything is genuine why would i submit a fraud document or a fake one?. They didnt specify anything in the letter nor i get any proper reply on email. Can anyone help clarifying whats goinf on please?

You can read all about INA § 212(a)(6)©(i) and the definitions of misrepresentation here in the Foreign Affairs Manual(FAM) > http://www.state.gov/documents/organization/87011.pdf

[Janelle2002 3,865]

Dear All,

I hope someone can help with this,

I was interviewed for K1 in USCG Sydney on 23rd of dec 14. Where my case was put on A.P due to lack of documents which were submitted in 10 days. Me and my fiance were interviewed on phone again at the same time after a month. I recieved

an email from them couple of days back saying that your petition is expiring ask your fiance to submit the request for petition extension at earliest which was submitted on 23rd March 15 but on 20th March 15 they issued a refusal letter under section 212a6c1 misrepresentation and that i am eligible to apply for a waiver. I am surprised and frustrated at the same time as from relationship to documents everything is genuine why would i submit a fraud document or a fake one?. They didnt specify anything in the letter nor i get any proper reply on email. Can anyone help clarifying whats goinf on please?

You can either get an attorney to file an inquiry with the embassy on your behalf and try to fight the embassy at the embassy level or you can file the waiver and dispute it in the waiver. USCIS cannot overturn the misrepresentation, but they can approve your waiver. I fought our misrepresentation charge in the waiver. A misrepresentation does not necessarily mean you gave fraudulent documents. It can be used for a wide variety of reasons and it is often used incorrectly by consulates abroad.

[bestofboston 36]

Get married and file I-130. Visa is approved by NVC and interview at embassy must prove fraud back to the NVC in order to deny VISA. Other words it is harder for the Embassy to deny VISA. Process for I-130 Visa typically takes 5 months at USCIS and 5 months between NVC and interview approval.

Sorry to hear that the Embassy denied you but don't give up. You have many options!

[Random US 0]

Thanks for your replies Janelle i can stand that but whom do i need to submit the waiver and on what basis? I dont know the reason of misrepresentation consulate is just forwarding me the auto generated replies. Waived need to be submitted to USCIS or consulate? The letter i recieved has nothing in it with no explanation at all