VISA denied :(

[Transborderwife 4,666]

Telling the truth in the interview looks like it would have allowed for an I-601 waiver application .

no it wouldn't. she doesn't have a qualifying relative.

[LionessDeon 2,060]

Today my fiancee had her K1 interview in Moscow. She was denied a VISA under Section212(a)(6)©(1). The "eligible to apply for a waiver" box was not checked.

Background: last year she hired someone to make her first ever tourist visa application. This guy invented a four year job in Moscow for her, and put it on her application. She was denied for insufficient resources/ties to Russia.

When she wrote forms for our K1 Visa she used the same fake work history, thinking that consistency was more important than the truth, despite our conversation the night before about it.

Is there any was forward for us in the USA? Get married in Russia, and apply again? I-601 waiver? Some other process?

Thanks,

Discouraged fiancee

OP please contact Lizz Cannon. She gives free consults and is a highly respected and experienced immigration waiver attorney. She helped us with our waiver for a K1 visa and my now husband arrived in July. Some people told me that a fiance is not a qualified relative and in our case that was not true. Fiance's can be qualifing relatives. Please contact her. If you google LIzz Cannon her FB page, address and phone number will pop up.

Good Luck.

[Boosya 3]

She trusted the local VISA experts and paid a lot of money for their "help." We're both sad about the result, and are considering our options. Thanks for thinking of one option for us.

[Catuela 16]

I would marry and try the waiver.

no one can say it wont be approved.

you will go the CR1 route she will be denied then you can file your waiver.

it will take sometime but I would at least try if you really want to be together.

[Cathi 5,609]

Working as a pilot in the USA I've been able to visit her nearly monthly, for 10-15 days at a time--so we're living together part time. . Thank you for your help! I'm still shocked about this denial. . Can you recommend a good lawyer?

How can you be shocked when you know she lied? You told her not to lie a second time and she did so anyway. You are wrong to blame the company she hired for her tourist visa. She still had to sign the application and attend the interview, she knowingly misrepresented herself. No one told her she had to go along with the lies. No one. She made the choice to misrepresent herself. People who ever think for one single moment that the USCIS and the consulates do not conduct background checks are naive. This is not an easy fix, she has at least a 10 year ban, possibly a lifetime ban because she used the same lie on 2 separate visa applications. She lied under oath, TWICE. The chances of her getting a waiver are slim to none, even if you marry. There is no way to prove hardship if you have never lived together and never co-mingled finances(visiting her is Russia is not living together). This is not a DYI case.

[LionessDeon 2,060]

A hardship waiver isn't about proving you miss someone, it is about what you, the USC, would lose having to leave the USA and go live in her country...Job, income, pension, health care, family relationships, language barriers, education requirements, etc. I never lived with my fiance, visited him 7 times and we were successful in finally getting our K1 approved.

OP, you can review my timeline.

Edited December 19, 2016 by LionessDeon

[Transborderwife 4,666]

A hardship waiver isn't about proving you miss someone, it is about what you, the USC, would lose having to leave the USA and go live in her country...Job, income, pension, health care, family relationships, language barriers, education requirements, etc. I never lived with my fiance, visited him 7 times and we were successful in finally getting our K1 approved.

OP, you can review my timeline.

what was your denial for?

[Boosya 3]

LionessDeon, thank you for your suggestion! We will contact them her.

[LionessDeon 2,060]

LionessDeon, thank you for your suggestion! We will contact them her.

Your welcome. It's at least worth looking into before moving forward.

I PM'd you.

Edited December 19, 2016 by LionessDeon

[Everlast 49]

OP follow the advice LionessDeon gave you.

Wish you well on your journey!

[Pitaya 2,576]

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[Pitaya 2,576]

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VJ Moderation

[ZoeUK1989 35]

First thing I will say is oh dear...

This is just an opinion so please don't shoot me down but I think its bad that she knew all along about the denial due to the fact her work history was fake on a previous application and she didn't tell you until the day before. It got her denied the first time, did she not think it would happen again?

Also to ask what visa was quicker, the tourist or K1 was a dangerous move. They are both for completely different things. I'm sorry she lied to you and I'm sorry that she thought it was a good idea to lie to US immigration as I am sure this is going to have devastating consequences when it comes to her moving to USA.

She will have signed paperwork on the original visa that was denied and this K1 to say that all statements and information given are true or to the best of her knowledge so I don't think you should be at all surprised with the result. Also you cannot put all the blame on the 'professional' (scam artist) she used originally as she completely endorsed it by signing it and using it in her story for a second time.

Hate to say it but she obviously didn't learn from her mistakes.

I am on the same page of the people who say she may be on a 10 year or a lifetime ban from the USA.

Its a shame she didn't listen to you when you told her to be honest...

Even if you get married elsewhere and then try and bring her in on the spousal visa, I would doubt there is any kind of waiver for someone who has attempted to commit visa fraud, so I am with the others I'm afraid when it comes to where you may have to live to be together.

I obviously do not know the rules of the US when it comes to barring people which is why I say this is just an opinion but I hope that either way you work something out so you can be together.

Best of luck!

[Lisa Julianna 0]

And you want to marry a person who lies in anything??? Make sure she's not lying to you on other issues ....