K1 Potentially Denied What Next?

[Pitaya 2,576]

~Moved from K1 Process to Waivers and Admin. Processes Forum~

~Thread has evolved into inquiry about waivers~

[canadian_wife 1,791]

I am sorry about the denial, what does it mean 'family visa'?

Although recommended, I would not enter a waiver packet for misrepresentation as a DIY - but that is just me.

Although you have complaints about how your fiancé was treated, what can be done? They are procedures after all - now laws.

Good luck

[Boiler 43,420]

Although you have complaints about how your fiancé was treated, what can be done? They are procedures after all - now laws.

Good luck

And how were any of them relevant? So best case she is re interviewed, what has been gained?

[RobRod 12]

And how were any of them relevant? So best case she is re interviewed, what has been gained?

Well, there is the possible benefit of timely retraction.

Again, I urge you to have a consultation with an immigration attorney as soon as possible.

[Boiler 43,420]

Retraction of what?

[RobRod 12]

The misrepresentation, if there was one.

There are a couple of other avenues of inquiry as well, while the case is still at the consulate. This is why it is imperative to have a consultation with an attorney.

We don't have all the facts, and I'm not sure that the OP does either. An attorney would help him sort it out, and help them decide the best course of action for their situation.

The attorney needs to have experience with the consulate however.

Edited May 13, 2015 by RobRod

[Boiler 43,420]

The misrepresentation was there before the interview and even oif it arose form the interview it still would have occurred.

[RobRod 12]

We don't know that. That's a guess.

[Ebunoluwa 6,136]

This is serious and you must consult an attorney. A waiver is not simple a form but must be attached to a hardship letter, usually consisting of

at least 6 or so strong points of why you would suffer hardship without her (finances, sickness etc). As you said there will be no hardship for you.

This is not a DIY issue. Either come up with money for a very good attorney, who is experienced in waivers or move to her country.

Make a loan or borrow from someone, get a second job perhaps but this case needs a lawyer.

Marriage won't overcome this, she will remain inadmissible with a possible life long ban.

They didn't say anything about a waiver at the second interview and that may mean that she isn't even eligible for

one. An attorney can either challenge their findings or guide you in a waiver packet.

Your status still shows ready so email them as to what the heck is going on and to make themselves clear on their findings.

If you do a senatorial inquiry that may help the clarification as they are more apt to answer him than you.

Hoping this will clear up and the visa will be issued, they may be waiting to figure out if she is indeed part of the fraud or not but there is no family

visa. Are you sure she is telling you all the facts ?

http://blog.messersmithlaw.com/?p=259

[Boiler 43,420]

Just going from what the OP said.

[Ebunoluwa 6,136]

http://asianjournal.com/immigration/material-misrepresentation-under-ina-212a6ci/

http://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

Focus on the numbers/letters 212(a)(6)©(i) ( their findings that she was in the USA before and was detained/deported), read the links above.

This is the key : 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.

What do you mean by : but my fiance was not present......did she travel to the USA on a visa the her ex altered or not ? If she was issued a visa

and traveled or if she was issued one and did not use it or left when she was supposed to, it is easily verifiable.

Don't worry about their interview procedures but get a crystal clear understanding what EXACTLY transpired with your fiance and that visa to the USA with

her ex. Therein is your answer.

[Jawaree 717]

OP there was a wrong answer either by her or you, or may not have jived with whats on appl.

Don't refile yet....they are checking things out if they are still holding the PP

If no misrep is found then no waiver needed, both of U should go over what was sent in & what was said

Everyone have hardships....a letter from your ex stating U cannot take the kids to another country,

Financial arguments with proof (lay out ) its hard to take care of a home abroad & another in the US

child support etc, payments U make mthly and have receipts.as proofs. Her country condition and

subatandard medical care there wile U have good medical in the US

If you care for elderly parent is another reason you cant leave the US also your job

You may have a language barrier and unable to work there.

You need your wife here to help with elderly parents, help U financially because soon the kids will go to College

Consult with a waiver atty.....Liz Cannon.... does free ph consults....google her

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..

[Unshakable Faith 493]

There are many people that have read up on misrepresentation waivers and have done it themselves. Sometimes it frustrates me when everyone screams about they "must" get a lawyer. Be prepared and research everything you can on this site, any other sites, become well informed and file your waiver packet! It CAN be done on your own without spending thousands of dollars on an attorney. Good luck!

[Boiler 43,420]

Suggestion is to at least have a CONSULT.

[Unshakable Faith 493]

Suggestion is to at least have a CONSULT.

In which a lawyer will usually always tell you that you need them because they want the money off of them. A lawyer will more than likely never tell someone that they have a case they can do on their own because then the lawyer will lose out on thousands of potential dollars.

I'm not saying it's horrible to consult an attorney, I'm just stating that it CAN be done on your own and everyone always just responds with "you're gonna need a lawyer", which scares people into thinking that they CAN'T do it on their own, even with enough research and preparing.