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coniefl

I-485 2 Questions

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Filling out an I-485 for a K1-Visa in which we are now married. I have two questions thus far in filling out the form.

1. What do we put for the Last Name? Do we put her maiden name or her new married last name?

2. How do I answer Part 3 (processing information) Question 9 if my former fiance received a waiver for misrepresentation , ineligibility under section 212 (a) (6) ( C ) (i).

Question 9 reads:

"Are you under a final order of civil penalty for violating section 274C of the Immigration and Nationality Act (INA) for use of fraudulent documents or have you, by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured, a visa, other documentation, entry into the United States, or any immigration benefit?"

Edited by coniefl
wasn't done writing the post

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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2 hours ago, coniefl said:

Filling out an I-485 for a K1-Visa in which we are now married. I have two questions thus far in filling out the form.

1. What do we put for the Last Name? Do we put her maiden name or her new married last name?

2. How do I answer Part 3 (processing information) Question 9 if my former fiance received a waiver for misrepresentation , ineligibility under section 212 (a) (6) ( C ) (i).

Question 9 reads:

"Are you under a final order of civil penalty for violating section 274C of the Immigration and Nationality Act (INA) for use of fraudulent documents or have you, by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured, a visa, other documentation, entry into the United States, or any immigration benefit?"

1. She would use her married name as this is what she wants on her EAD/AP and GC I assume..

2. Well, has she? I'm not sure what the question is. Has she done any of those things, yea or no..

:)


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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2 minutes ago, Suss&Camm said:

1. She would use her married name as this is what she wants on her EAD/AP and GC I assume..

2. Well, has she? I'm not sure what the question is. Has she done any of those things, yea or no..

:)

Thank you.

When she applied for the K1 visa they said she was inadmissible because of a misrepresentation, they couldn't tell us what it was because its came from CBP (Customs and Border Patrol) and they are not allowed to disclose information from another agency other than USCIS, but it did require a waiver to get the K1 Visa. We still do not know what the misrepresentation was, it wasn't done willingly, but the Government s interpretation of what "willingly" is isn't the same as "intentionally", because the inadmissabilty that require the waiver also stated willingly, and we have know idea what it was. Since we have the waiver I am unsure of what to answer for the question.


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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Ah! I see what you mean... that is then tricky.. I know that you can request your full alien file from USCIS although I'm not sure how exactly you go about this or how long it would take or if it's always granted, but it seems weird to me that they wouldn't let you know what the waiver was for. Has she previously overstayed or something similar? Maybe you should go over her answers on the DS-160 thoroughly.

I didn't quite get what you mean that it stated on the waiver. Did it say on the waiver that it was willingly?

I hope maybe someone with more specific knowledge to these circumstances can have some more answers for you. But it always helps to give as many details as you possibly can for ppl to be able to help you. Each situation is so different.


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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On 12/31/2016 at 2:09 PM, Suss&Camm said:

Ah! I see what you mean... that is then tricky.. I know that you can request your full alien file from USCIS although I'm not sure how exactly you go about this or how long it would take or if it's always granted, but it seems weird to me that they wouldn't let you know what the waiver was for. Has she previously overstayed or something similar? Maybe you should go over her answers on the DS-160 thoroughly.

I didn't quite get what you mean that it stated on the waiver. Did it say on the waiver that it was willingly?

I hope maybe someone with more specific knowledge to these circumstances can have some more answers for you. But it always helps to give as many details as you possibly can for ppl to be able to help you. Each situation is so different.

 

Thank you.

 

It has nothing to do with the DS-160 and it wasn't an overstay, since the Consulate is not allowed to communicate the reasons from other agencies other then USCIS they were unable to tell us the exact reason, only a general reason. I guess I can get the Alien file, but first I will see if the attorney that represented us for the waiver can answer this. I will report back if so.

 

 

 


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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