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coniefl

K1 Potentially Denied What Next?

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Our K1 visa is potentially denied, after two interviews the consulate issued us a inadmissibility form under Section 212(a)(6)©(i) Misrepresentation with an option for a waiver. I say potentially because its been a week and the CEAC website still shows "READY".

The requirements for the waiver is to show a hardship to me the petitioner if she doesn't come to the US, there is no hardship.

What are my options?

This may sound stupid, If I withdraw the application before it goes to denied will it the inadmissibility be withdrawn also?

Is it an option to go to her country and marry her then file for a K3?

I think then the hardship for a waiver for the inadmissibility with a K3 would be separation from spouse, or am I way off here?

Edited by coniefl

Service Center : Texas Service Center

Consulate : Bolivia

I-129F Sent : 2014-08-08

I-129F NOA1 : 2014-08-14

I-129F NOA2 : 2015-02-20

I-129F NOA2 hard copy recieved: 2015-03-02

USCIS to NVC: 2015-03-02

NVC Received : 2015-03-10

NVC Left : 2015-03-31

Consulate Received : 2015-04-06

Packet 4 Received : 2015-04-09

Interview Date : 2015-04-30

2nd Interview Date : 2015-05-04

Interview Result :

Visa Received :

Estimates/Stats : Your I-129f was approved in 190 days from your NOA1 date.[/b][/color]

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You're way off. Inadmissibility is inadmissibility, for a K-1, CR-1, or any other kind of visa.


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If she has a misrepresentation charge on her marrying her will not make it go away.

Hardship shows why you must have her living with you in the U.S. and why you cannot got live with her in any other country. Simply choosing to marry someone from another country does not create a hardship for waiver purposes, that was a choice you made.

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No differently waiver wise married or not.


“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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I am wondering what kind of misrepresentation they both have made.


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OP has yet to find out, sounds like there are communication issues.


“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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You'd file for a CR1. Not a k3. Simply being away from your spouse isn't enough of a hardship. You would need a good reason as to why you couldn't go to live with her in her country.

What is the misrep -- without knowing it, it is hard to give advice.

I am wondering what kind of misrepresentation they both have made.

OP has yet to find out, sounds like there are communication issues.

Would a hardship be me having 3 children to support here in the US and a reason I could not move to another country and the difference in living conditions in Bolivia, which is a poor country?

Correct we do not know what the misrepresentation is the Consular has not told us, and will not reply to our emails. But I think it may be as described below.

The whole interview process was a mess, there were two interviews, the first one was abruptly stopped by another consular in the middle and rescheduled for another day. It was the questions just before it was stopped that leads me to believe that they think my fiance is lying about being deported or detained at the airport. He had asked questions about detainment and deportation, then immediately asked her if I was willing to do a waiver, before she could answer the second consular stopped the interview. I've been reading the manual for consular procedures and I think he was violating one of the procedures.

The second interview they didn't ask anything about being deported or detained, it was questions about how we met, what we did when I visited her, who was at the airport, about her work, personal stuff about me and her, etc. then they called me up on the phone to verify her answers. The interview ended by telling her they would call her if they had further questions. The next day we got an email about misrepresentation.

The only thing that comes close to a deportation or detainment is that her Ex-husband (husband at the time), altered the date on his visa, and was detained and deported in 2006, but my fiance was not present. It was a family travel visa that expired I think in 2003.

I believe they violated a few procedures,

1. by not allowing her to answer the question in interview one, they are supposed to allow a timely response.

2. The second interview they did not reaffirm her oath.

3. They didn't reaffirm the Oath after any of the interviews(I'm not sure if that is required).

4. They did not inform of their result orally. That is a must according to the procedures

They still have her paperwork, passport, and her daughters passport..


Service Center : Texas Service Center

Consulate : Bolivia

I-129F Sent : 2014-08-08

I-129F NOA1 : 2014-08-14

I-129F NOA2 : 2015-02-20

I-129F NOA2 hard copy recieved: 2015-03-02

USCIS to NVC: 2015-03-02

NVC Received : 2015-03-10

NVC Left : 2015-03-31

Consulate Received : 2015-04-06

Packet 4 Received : 2015-04-09

Interview Date : 2015-04-30

2nd Interview Date : 2015-05-04

Interview Result :

Visa Received :

Estimates/Stats : Your I-129f was approved in 190 days from your NOA1 date.[/b][/color]

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Here's my two cents.

1. Don't withdraw the petition.

2. Make notes with your fiancée of everything you can possibly remember about both interviews.

3. Continue your research about 212 (A)(6)©(I) denials.

4. Keep in mind that there is no judicial review of consular officers. They are not required to give you any information.

5. Consider speaking with an attorney who is well-versed in consular support.

6. You probably already have the documents I am attaching, but they may be useful.

Procedural notes Fiance Visa FAM.pdf

US Department of State VISA Volume 9.pdf

Edited by RobRod

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What do you mean by family visa?


“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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Hmm not likely a difficult enough hardship. Perhaps if there are custody issues?

Here's my two cents.

1. Don't withdraw the petition.

2. Make notes with your fiancée of everything you can possibly remember about both interviews.

3. Continue your research about 212 (A)(6)©(I) denials.

4. Keep in mind that there is no judicial review of consular officers. They are not required to give you any information.

5. Consider speaking with an attorney who is well-versed in consular support.

6. You probably already have the documents I am attaching, but they may be useful.

Thank you....I don't think I could afford an attorney, I have a cousin who is an immigration attorney but she is inexperienced, only like a year or so out of college, she told me to file the waiver, but there is no way I would qualify.

The other problem is I Am collecting the information as you suggested but I don't know what to do with my findings,


Service Center : Texas Service Center

Consulate : Bolivia

I-129F Sent : 2014-08-08

I-129F NOA1 : 2014-08-14

I-129F NOA2 : 2015-02-20

I-129F NOA2 hard copy recieved: 2015-03-02

USCIS to NVC: 2015-03-02

NVC Received : 2015-03-10

NVC Left : 2015-03-31

Consulate Received : 2015-04-06

Packet 4 Received : 2015-04-09

Interview Date : 2015-04-30

2nd Interview Date : 2015-05-04

Interview Result :

Visa Received :

Estimates/Stats : Your I-129f was approved in 190 days from your NOA1 date.[/b][/color]

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Well Misrep is slightly higher up the list but getting a waiver approved is not that hard. As long as it is properly prepared.

A waiver is more than a letter, it is a package, plenty of info out there if you want to DIY.

I do agree that your cousin is cluless, I would recommend that you at least have a consultation.

The main issue here is not addressing whatever caused the ban in the first place.


“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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I'm not sure if I'm breaking any rules here. Please tell me if I am. Here is a link to the pro bono page of the American Immigration Lawyers Association: http://www.immigrationadvocates.org/probono/partner/item.2440-American_Immigration_Lawyers_Association

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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