petition be returned to usius

[BennyBellaLo 1]

Im vietnamese. My case have been returned to usisc for reviewing it on june, 20 . I want to know how long my petition will be review done? And when can i have 2nd interview? Please help me..thank u so much

[Hypnos 6,579]

~3-6 months if for an immigrant visa; if it's for a K-1 it will not be reviewed and will instead be left to expire.

[BennyBellaLo 1]

Mu case is cr_1

[Michael2017 368]

29 minutes ago, BennyBellaLo said:

Mu case is cr_1

Provide us please with full details of your case.

1. What is the relationship history, how and how often did you met?

2. What evidence did you submit with your petition?

3. What was the conversation with the office about? Did the officer give any reason for refusal?

 

 

[BennyBellaLo 1]

39 minutes ago, Michael2017 said:

Provide us please with full details of your case.

1. What is the relationship history, how and how often did you met?

2. What evidence did you submit with your petition?

3. What was the conversation with the office about? Did the officer give any reason for refusal?

 

 

My case is cr1, my wife is living at usa, we was marriged on march , 2016 at vietnam, and my case have approved at uisic on september, 20, 2016. Then I have interviewed  at vietnam , in here officer has refused for me anh said past my marriged is clearly, but i only have one wife who is currently my wife at usa. And they have been returned to usisc and said in 2015,  you have had intervewed and said you have had merriaged, you will axplained it for usisc ,we cant repair your document( such : i and my wife have a daughter birth on 2015, when i need move to usa to see and care for her and so I said I have had marriged in interview  but all of  things are truth cause my national culture we have had baby is I can say this relationship is spouses although we not marriage at this time.

[Michael2017 368]

3 minutes ago, BennyBellaLo said:

My case is cr1, my wife is living at usa, we was marriged on march , 2016 at vietnam, and my case have approved at uisic on september, 20, 2016. Then I have interviewed  at vietnam , in here officer has refused for me anh said past my marriged is clearly, but i only have one wife who is currently my wife at usa. And they have been returned to usisc and said in 2015,  you have had intervewed and said you have had merriaged, you will axplained it for usisc ,we cant repair your document( such : i and my wife have a daughter birth on 2015, when i need move to usa to see and care for her and so I said I have had marriged in interview  but all of  things are truth cause my national culture we have had baby is I can say this relationship is spouses although we not marriage at this time.

If I understand correctly, they are refusing your visa based on misrepresentation in a previous interview (I assume tourist visa).

This could be very problematic as it could mean a life long ban. If it is that, your wife may need to consult a lawyer and file for a waiver.

Misrepresentation can be very serious charge only overcome with a waiver.

[Roel 7,193]

Well you lied on your tourist visa interview and now you see consequences of it.  Having a baby doesn't mean you can or should say that you're married especially when dealing with immigration. 

[Going through 5,674]

You weren't legally married when you told the immigration officer you were...they take fraud and misrepresentation very seriously.

Most likely you will be denied since right now there is no legal basis for you to immigrate (you are not married to the US citizen).

 

If it is your culture to accept it is like a marriage once a couple has a child, that may be all well and true.  However for immigration, if you state you are married, you need to be legally married.  You were not, and you knew you were not legally married.  So in the eyes of the officer, you lied during your interview.

[JFH 12,196]

It's unclear whether the interview where he made reference to being married was for a previous visa or this visa. I'm thinking a previous one because to get the I-130 approved and to get through the NVC before a CR-1 interview the couple must present the marriage certificate twice (once to USCIS and once to the NVC) and take it to the interview. The fact that he got to the interview window suggests that there is a legal marriage certificate somewhere in the mix. I'm thinking the previous interview was for a tourist visa (where no marriage certificates are required) and he claimed to be married as they had a child out of wedlock and this brings shame in certain cultures. He thought he could say "married" and get away with it because no proof of marital status is required for a tourist visa. And this has come back to haunt him because the embassy has seen the date on the marriage certificate with this current visa application and noted that he claimed to be married prior to that date when he applied for a previous visa. 

 

OP, have I got that right?

 

It would be helpful if your wife could post also - I am assuming she has a good command of English. 

Edited August 13, 2017 by JFH

[pushbrk 13,837]

To be of meaningful assistance, we need the explanation in clearer English.  It is the petitioner who will be dealing with USCIS, in a few months, when given the opportunity to do so.  

A material misrepresentation anywhere in the process, is very difficult to overcome, if it can be at all.  If there has been one in this case, or you think there many have been, then the petitioner's next step really should be a consultation with Marc Ellis at www.marcellislaw.com  

Edited August 13, 2017 by pushbrk

[Going through 5,674]

It's also possible that, at this point, the officer is confused thinking you are married to two women at the same time---one in the US and the other in your home country---not realizing you were referring to the same person in your previous application and current one.

Edited August 13, 2017 by Going through

[Coco8 1,059]

2 hours ago, Going through said:

It's also possible that, at this point, the officer is confused thinking you are married to two women at the same time---one in the US and the other in your home country---not realizing you were referring to the same person in your previous application and current one.

 

Yes, I understood this from what OP wrote. But it is true what others are saying about the English.

 

Anyway, it is misrepresentation. You will need to get a lawyer that specializes in waivers. Moreover, if you have another interview, your wife should travel for that. Are US citizen spouses allowed at the interview? 

 

 

[pushbrk 13,837]

Clearly, the circumstances are far from clear.  The US Citizen petitioner needs to get involved.  The reason I suggested Marc Ellis is that he specializes in these kinds of issues and his practice is based in but not limited to HCMC.  (Ho Chi Minh City)

[Love To Teach 161]

Well, it took 3 months for our CR1 rejected case to get to NVC, then leave from NVC to Nebraska, where it will go to the bottom of the pile. So I think 6 months is a bit of wishful thinking....sigh....And they say it takes 2-3 weeks to get to Nebraska.

[Auds 223]

This is not considered a material fact from my understanding.  A waiver will work for you - get a decent lawyer.