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timetimeago

Got two denial papers at the interview.one is i601.

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Filed: K-1 Visa Country: Korea DPR
Timeline

My friend got two denial papers at consulate.

one is request 601 waiver under 212(a)6©,the other is return his case to uscis under 204©.

Dose anyone have a clue why CO issued two self contradicted papers.since there is no waiver under the 204c?(alleged fraud marriage).

Edited by timetimeago
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Filed: Timeline

From what I am reading, there was a denial under a possible misrepresentation of fact and visa fraud. I'd concentrate on that aspect and not whether there was a waiver. I think maybe you need to talk to your friends about the exact reason why there was a denial first. Maybe that will clarify everything.

 
 

 

 

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

The denial was for marriage fraud...

so you need to file 601 waiver to contest the "marriage fraud" decision.

You can only file a waiver after you have been denied.

CO gave you the right info. I hope other folks here can tell you more about it.

So your next step is to gather evidence to basically, refute the decision made by CO.

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Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

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Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

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Filed: K-1 Visa Country: Korea DPR
Timeline

The denial was for marriage fraud...

so you need to file 601 waiver to contest the "marriage fraud" decision.

You can only file a waiver after you have been denied.

CO gave you the right info. I hope other folks here can tell you more about it.

So your next step is to gather evidence to basically, refute the decision made by CO.

in fact,there is no waiver for 204c,there is waiver for 212a6c.so the two papers are self contradicted.

CO should whether return the case to uscis or keep the case at consulate requesting a 601waiver,not at the same time.it is not making sense.

under this condition,even if you get the 601 approval,the case is returned to uscis,or you win the NOIR,still need a 601 waiver approval.

Edited by timetimeago
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Filed: K-1 Visa Country: Wales
Timeline

You can appeal one and if successful waive the other.

I think the appeal has to be in within 30 days so needs a lawyer pronto.

“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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Filed: K-1 Visa Country: Korea DPR
Timeline

so,anyone has ideas why CO issued two denial papers in this way?why not just issued one paper of returnning the case to uscis and let my friend to go for rebutting the NOIR?

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Filed: K-1 Visa Country: Wales
Timeline

Best that he asks his Lawyer.

“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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Filed: AOS (apr) Country: Cyprus
Timeline

http://www.khurgel.com/section-204c-fraud-finding-deemed-improper-by-federal-district-court/

The above 204c marriage fraud finding is a separate issue in addition to the 212a6c which is misrepresentation.
There are two not one. One waiverable (212a6c) and the other to be overcome with a NOID/NOIR, all by the current petitioner.
Neither finding warrants the petition to remain at the embassy. Two entirely different things happening with this petition.
If there are more than one finding then it of course can require more than one way to approach it so I don't understand why you

are confused by it.
A competent waiver attorney is needed to guide the petitioner through both, the NOID/NOIR and the waiver.
It is double trouble and will cost a small fortune to try to resolve. It is not a DIY project.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
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Service request for pending AOS April 21, 2016, case not assigned yet.
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Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
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First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Korea DPR
Timeline

http://www.khurgel.com/section-204c-fraud-finding-deemed-improper-by-federal-district-court/

The above 204c marriage fraud finding is a separate issue in addition to the 212a6c which is misrepresentation.

There are two not one. One waiverable (212a6c) and the other to be overcome with a NOID/NOIR, all by the current petitioner.

Neither finding warrants the petition to remain at the embassy. Two entirely different things happening with this petition.

If there are more than one finding then it of course can require more than one way to approach it so I don't understand why you

are confused by it.

A competent waiver attorney is needed to guide the petitioner through both, the NOID/NOIR and the waiver.

It is double trouble and will cost a small fortune to try to resolve. It is not a DIY project.

Thanks for reply.My friend told me there is development later for the case.after he provide some documents to consulate after denial,consulate issue a email to him just containing the 601 waiver request without mentioning return case to uscis.Then he asked the consulate for the status of the case file by email,and was told the case will not transfer back to uscis and will be kept at the consulate at this moment .Could this be consider as the consulate withdraw the 204c charge and just require the 601 approval to let the case getting through? Edited by timetimeago
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Never ever ever assume that any government institution withdrawls or changes ANYTHING, without having proof that they did change or withdrawl on paper.


Again, your friend needs to talk to lawyer. He's only going to have a worse time if he assumes anything was changed from what he has currently in his hands.

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Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
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Filed: AOS (apr) Country: Cyprus
Timeline

Could be kept there at the embassy but it says "at this moment" so they can still return it to USCIS later.
I am sure the IV section chief (supervisor) is taking a look at it. Depending on how satisfied they will be with the

additional documents he submitted.

He should watch his ceac status online and make email inquiries once every 2-3 weeks or so as where
the petition is or the petitioner can request the staus through the senator/congressman.

Meanwhile he needs an attorney for the waiver, at the very least a consultation. A waiver is not as simple as filling out a form
but a well put together package with varies quality points of evidence to prove hardship for the petitioner.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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My friend got two denial papers at consulate.

one is request 601 waiver under 212(a)6©,the other is return his case to uscis under 204©.

Dose anyone have a clue why CO issued two self contradicted papers.since there is no waiver under the 204c?(alleged fraud marriage).

what visa type ..?

  • ******NVC*****

    5/23/2015 Case arrived at NVC

    6/7/2016 Didn’t get case number so case went to supervisor look *****(new time frame is 2 weeks to get your case and invoice number form NVC.)

    6/9/2016 Case Number and Invoice number received

    6/10/2016 Form DS-261 Received

    6/10/2016 Form DS-261 Sent

    6/14/2016 AOS BILL INVOICED

    6/14/2016 AOS BILL PAID

    6/16/2016 IV BILL Assigned

    6/17/2016 IV BILL PAID

    6/17/2016 IV and AOS packet arrived at NVC

    6/17/2016 Scan Date

    6/20/2016 DS-260 SENT

    6/22/2016 Confirmation that they received the packet

  • *****Embassy <3 <3 *****

    Scan Date: June 17,2016 :ot2::ot2:

    Case Complete: July 22,2016 <3<3<3 35 days since NVC Received it ******

    CASE COMPLETE CONFIRMED IT ON THE PHONE JULY 25,2016

  • AUGUST 22,2016 CASE SAYS READY
  • 2ND SCAN DATE :SEPTEMBER 1,2016
  • Medical Appointment: September 13,2016 <_< <_< <_< <_<

    Interview Letter Via Email : August 5,2016

    Interview Date: September 26,2016 :thumbs: :thumbs:

  • Visa Approved:

    Visa In Hand:

    POE:

:goofy:(L)(L)(L)(L):dancing::dancing::dancing::dancing:
event.png' class="bbc_url">[/entry]

[entry= event.png]

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