K1 Potentially Denied What Next?

[subwayguy 100]

the last thing you could do. ROC passports are eligible for ESTA. just saying

[RobRod 12]

she wouldn't be eligible for ESTA if she were denied for misrepresentation.

[Boiler 43,430]

Taiwan Passport not ROC.

[Boiler 43,430]

I have some additional information from my Fiance.

Yesterday she went and seen an immigration attorney that is used for a company she works with, and they went over what transpired at the interview.

1. She is telling me at the interview they started asking questions to her 14 year old daughter about having been to the US etc, well the daughter was an infant at the time so my fiance answered the questions for her. She now thinks that when they were asking about being detained or deported that it is possible that it was directed towards her daughter's visit to the US. All the answers were 'no' because there was none. Then she shows me a card with a date stamped on it that is turned in at the airport when you leave the US, the attorney said that the card is what is used to show that you left the country within specified allotted visa stay. The card was never turned in for her infant daughter, my fiance still has it. The attorney suggested, as he had a similar situation with someone else, that she makes a copy of it, encloses a letter with a explanation, and give it to the secretary at the embassy. Also my fiance did not have her expired passport with her at the interview that shows the US visa stamp(s), the attorney also suggested including those and the visa pages that show the dates when she re-entered her country.

2. Another thing I find out, as someone suggested to go over everything, is my fiance is a dual citizen of Bolivia and Taiwan (I didn't just find this out), when she traveled to the US she used her Taiwan passport, the name in her Taiwan Passport is slightly different then what her name was at the time because of marriage, its not much of a difference, for example her Taiwan Passport has her name before marriage as Jane Mary Doe and her name after marriage is Jane Mary Doe de Jones. She used the Taiwan passport for multiple visas even though she was married on all occasions. I don't know if this a misrepresentation or if it could be counted as a misrepresentation from a previous account towards this visa.

Therefore could scenario 1 generate a deportation process if they think her daughter never left the US?

and

Could scenario 2 be a possible reason for a misrepresentation?

Sorry guys, I really havn't had any experience prior to this with Visas and the Immigration Process.

The piece of paper is an I94, you no longer get it, there is somewhere in the US that you would send it if it was not taken but not sure that is relevant now. They are no longer issued.

In the applications she completed she would have listed all the visits she and her daughter had made. It is not unknown for I 94's to go missing and anyway that does not match the reason she was banned.

Lots of people have 2 or more citizenships and choose one passport over the other, and the name change is not an issue in itself.

I thought having followed your posts that she had never been to the US so I wonder what else is out there that I have missed or misunderstood.

[aaron2020 11,651]

Guessing what might be the basis for USCIS's determination of misrepresentation is a useless exercise that will drive you nuts and waste time as you pursue solutions for something that many not be relevant.

Find out exactly why USCIS determined she has misrepresented herself. Once you know the problem, then you can pursue some solutions.

[Ebunoluwa 6,136]

But it CAN be done without a lawyer, and doesn't *require* a consult or the hiring of an attorney, that's the point I'm making. Just as we see on here, many people use an attorney for other things (although they are not waivers), and end up getting rfe's and whatnot. That's not saying there's a blanket assumption that every case can be overcome in a do-it-yourself process because some people aren't able to do the necessary research and put the time in to complete it, as you said. I'm just saying that a lawyer does not always have to be the answer like some people jump to say.

I very much understand misrepresentation and the consequences behind it, but it's not impossible to do on your own if you're able, that's my point.

This advice is best given when a non complicated petitioner is asking if he should use an attorney to file a simple petition, this is not the case.

You are wrong to advice DIY to the OP. You do not understand this case, the OP barely does and needs an attorney. Period.

It's not all about a waiver, the matter is far too complex to sort through to even establish the eligibility for a waiver.

We get it yes, some people can file successful waivers without an attorney and that is irrelevant here. In THIS CASE an attorney is needed.

[RobRod 12]

Guessing what might be the basis for USCIS's determination of misrepresentation is a useless exercise that will drive you nuts and waste time as you pursue solutions for something that many not be relevant.

Find out exactly why USCIS determined she has misrepresented herself. Once you know the problem, then you can pursue some solutions.

This is a consular (State Department) matter, not really a USCIS matter. Consular officers have no judicial review and the evidentiary requirements that go along with judicial review do not apply. This means that the consulate is not required to tell anyone what they have based their decision on. Following the advice of the attorney in Bolivia, who has had experience with this consulate, is the best option.

google the non-reviewability of consular decisions. There is an interesting case currently before the US supreme court.

Edited May 13, 2015 by RobRod

[coniefl 28]

The piece of paper is an I94, you no longer get it, there is somewhere in the US that you would send it if it was not taken but not sure that is relevant now. They are no longer issued.

In the applications she completed she would have listed all the visits she and her daughter had made. It is not unknown for I 94's to go missing and anyway that does not match the reason she was banned.

Lots of people have 2 or more citizenships and choose one passport over the other, and the name change is not an issue in itself.

I thought having followed your posts that she had never been to the US so I wonder what else is out there that I have missed or misunderstood.

I am sorry that there was a misunderstanding..I had briefly told the story in another thread asking about denials and waivers located here: http://www.visajourney.com/forums/topic/547687-questions-k1-section-212-a-6-i-ex-husband-previous-family-visa/

When I started this thread I was originally seeking out what my options were to go another route, but the thread turned more towards the misrepresentation and waiver, which is just fine, i am getting more help then I expected under this thread.

[Ebunoluwa 6,136]

I have some additional information from my Fiance.

Yesterday she went and seen an immigration attorney that is used for a company she works with, and they went over what transpired at the interview.

1. She is telling me at the interview they started asking questions to her 14 year old daughter about having been to the US etc, well the daughter was an infant at the time so my fiance answered the questions for her. She now thinks that when they were asking about being detained or deported that it is possible that it was directed towards her daughter's visit to the US. All the answers were 'no' because there was none. Then she shows me a card with a date stamped on it that is turned in at the airport when you leave the US, the attorney said that the card is what is used to show that you left the country within specified allotted visa stay. The card was never turned in for her infant daughter, my fiance still has it. The attorney suggested, as he had a similar situation with someone else, that she makes a copy of it, encloses a letter with a explanation, and give it to the secretary at the embassy. Also my fiance did not have her expired passport with her at the interview that shows the US visa stamp(s), the attorney also suggested including those and the visa pages that show the dates when she re-entered her country.

2. Another thing I find out, as someone suggested to go over everything, is my fiance is a dual citizen of Bolivia and Taiwan (I didn't just find this out), when she traveled to the US she used her Taiwan passport, the name in her Taiwan Passport is slightly different then what her name was at the time because of marriage, its not much of a difference, for example her Taiwan Passport has her name before marriage as Jane Mary Doe and her name after marriage is Jane Mary Doe de Jones. She used the Taiwan passport for multiple visas even though she was married on all occasions. I don't know if this a misrepresentation or if it could be counted as a misrepresentation from a previous account towards this visa.

Therefore could scenario 1 generate a deportation process if they think her daughter never left the US?

and

Could scenario 2 be a possible reason for a misrepresentation?

Sorry guys, I really havn't had any experience prior to this with Visas and the Immigration Process.

Scenario 1. Why would it cause deportation proceedings ? For whom ? Daughter is in her country right ?

Scenario 2. does not appear to be a problem at all.

I would do as your attorney suggested, use the I-94 (card that was never turned in) and the expired passport (stamps) as proof that she left the USA

and went back home. Hopefully that would clear things up.

In your other thread you mentioned she was asked to submit K1 relationship evidence that she was not looked at..... what do you mean,

from a previous K1 or your current one ?

There is still a piece to the puzzle missing.

Hope you made a detailed FOIA request to get decent answers. FOIA's can take months so it would be too late by then.

[Boiler 43,430]

I am sorry that there was a misunderstanding..I had briefly told the story in another thread asking about denials and waivers located here: http://www.visajourney.com/forums/topic/547687-questions-k1-section-212-a-6-i-ex-husband-previous-family-visa/

When I started this thread I was originally seeking out what my options were to go another route, but the thread turned more towards the misrepresentation and waiver, which is just fine, i am getting more help then I expected under this thread.

Never mentioned your fiancee had been to the US, all about her ex and MIL.

[coniefl 28]

Today I get this from the Consular:

"Thank you for your e-mail, and the additional information provided.

Nevertheless, please consider, the information about circumstances that generated [name removed] ineligibility have been annotated by the US migration officer (CBP Customs and Boarder Protection), then consular officer’ s determination is based on official sources of information.

Since the annotations were registered by other authority, consular section has to compile with required process, in this case requesting a waiver for the 212(a)(6)(E)."

the original email sent on May 5th stated:

"Please find enclosed a letter which explains the existence of ineligibility under section 212 (a) (6) © (i) if, however, you can apply for a "waiver" the link to this objective is at the foot of the letter we sent you. "

To confuse the situation even further Now they are saying 212(a)(6)(E)

[RobRod 12]

Much better than before! Hopefully the new information you are providing will get it all straightened out. Keep at it.

[Ebunoluwa 6,136]

Today I get this from the Consular:

"Thank you for your e-mail, and the additional information provided.

Nevertheless, please consider, the information about circumstances that generated [name removed] ineligibility have been annotated by the US migration officer (CBP Customs and Boarder Protection), then consular officer’ s determination is based on official sources of information.

Since the annotations were registered by other authority, consular section has to compile with required process, in this case requesting a waiver for the 212(a)(6)(E)."

the original email sent on May 5th stated:

"Please find enclosed a letter which explains the existence of ineligibility under section 212 (a) (6) © (i) if, however, you can apply for a "waiver" the link to this objective is at the foot of the letter we sent you. "

To confuse the situation even further Now they are saying 212(a)(6)(E)

Twists and turns.

212(a)(6)(E) is under the 'smugglers' category http://www.messersmithlaw.com/212-Inadmissibility/INA-212-a6E.html

http://www.state.gov/documents/organization/87014.pdf

If she didn't smuggle her daughter (or the ex smuggle your fiance) then have an attorney dispute it and proof it. Sometimes those determinations are incorrectly made by CBP. If the ex did smuggle her then she is obviously to be held accountable even if she claims she didn't know.

If she did then have your attorney file a waiver or determine which approach would be best.

Edited May 13, 2015 by Ebunoluwa

[usmsbow 795]

Taiwan Passport not ROC.

Sorry for going off-topic here, but Taiwan=ROC (Republic of China). Mainland=PRC. Taiwan/ROC is a part of the VWP.

Edited May 13, 2015 by usmsbow

[Boiler 43,430]

Who did she assit in smuggling, perhaps MIL comes back into the picture. Yet she had no involvement, was not party to any of that?

Dig deeper in this area and you may find your answer.