K 1 denied & I 601 waiver

[Mapan 3]

Hello, my fiance and I just went thru the K-1 visa process in the Philippines as I am in Manila hoping for the approval, she was denied again. This all stems back to our filing in 2012 which was also denied for willful misrepresentation of a material fact which was an inaccurate Cenomar. She did attempt to get married in 1998 but didn't think the marriage was legal it was not preformed by a judge but was preformed by the police and she did not stay with the man she was going to marry. When we first filed for her visa in 2012, she did obtain a Cenomar from a man who worked out side the NSO office and he went  inside the NSO office and bring the Cenomar back to her, I did receive notification from USCIS of the first denial. We have completed the visa process again and we went to the U. S. Embassy in Manila for her interview, the agent the asked for her I 601 waiver which we were not aware we needed and were not told about it. The agent told us she should have received notification that she would need the I 601 approval after the first visa was denied, she did not receive this notification nor did I.

I guess i have a couple of questions.

1) What are the chances of getting the I - 601 approved?

2) The agent at the embassy told us it would probably be better if we just got married and then apply for the K-3 visa as she would have a better chance of getting this visa.

We don't know which way to go next, would greatly appreciate some feed back.

 

Thanks in advance.

 

John & Marie

[nelmagriffin 148]

Quote

When we first filed for her visa in 2012, she did obtain a Cenomar from a man who worked out side the NSO office and he went  inside the NSO office and bring the Cenomar back to her,

1

Why obtain a certificate from an outsider? Do you mean a fixer?

Greetings!

Quote

in 2012 which was also denied for willful misrepresentation of a material fact which was an inaccurate Cenomar

Just my two cents. Before you move forward just make sure that the CENOMAR  (CERTIFICATE OF NO MARRIAGE) is authentic and that she was not registered as married. The easiest way is to check the Local Civil Registry as well as PSA/NSO.

 

My best regards,

Nelma

Edited March 1, 2018 by nelmagriffin

[Chris Duffy 1,257]

I think being denied then giving the waiver now is not an option any more.  Usually they will request you send in additional proof or requested items and your interview is basically on hold until they get the desired documents.  

 

I suspect if you do another visa application you need to include it, I did a waiver for multiple filings and it was approved but seems minor compared to presenting documents that were forged.

 

At the moment it seems that K1 are CR1 are about the same pace getting approved in Manila. You may want to get married and proceed. It is cheaper in the long run.

 

 

 

[Chris Duffy 1,257]

23 minutes ago, nelmagriffin said:

Why obtain a certificate from an outsider? Do you mean a fixer?

 

Fixer seems to be the obvious answer to me

[nelmagriffin 148]

 Greetings!

I based this answer on the concerns that are brought by the OP, First I needed to understand the meaning of denial due to " willful misrepresentation of a material fact which was an inaccurate Cenomar ". Either she is married or not period. And I am more concern about how she got the CENOMAR as mentioned by the OP that " " When we first filed for her visa in 2012, she did obtain a Cenomar from a man who worked out side the NSO office and he went  inside the NSO office and bring the Cenomar back to her"." My question is due to the fact that she was denied because of CENOMAR and per OP" " She did attempt to get married in 1998 but didn't think the marriage was legal it was not preformed by a judge but was preformed by the police and she did not stay with the man she was going to marry"." Was she registered as married or not?  I would highly recommend for you to double check that part, start by searching through a Local Civil Registry and request a copy of a CENOMAR from https://www.psa.gov.ph/

and not from an outsider to be sure. There is a reason for why she was denied due to that certificate of no marriage. I guess it is better to be sure before going forward to be in the safer side.

Goodluck,

Nelma

 

There are two links that I found it very helpful in understanding the above case.

References:

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter2.html

http://visarefusal.com/inadmissibility/material-misrepresentation-fraud/

[notantifun 196]

Well, she's married. Simple as that! She faked her CENOMAR. This can simply be verified on the PSI website.

[Mapan 3]

The Cenomar she obtained was from a fixer, she was not aware of that.  Her 1st Visa was denied because she was registered as married.  She did not think the marriage was legal as I originally listed. She the had the marriage annulled and registered, this took almost 2 years. We have the paperwork and presented it, Visa was denied as they claim she filed fraudulent paperwork the first time.  We were told at the embassy that her Visa was denied and would be put on hold until they hear about the waiver. If the waiver would be approved,  they would ok her visa and let her know and we would not have to start over. My concern is there is a slim to none chance the waiver will be approved. I also have concerns that if we get married  her Visa could be denied again due to what has already happened. 

[Mapan 3]

2 hours ago, nelmagriffin said:

Why obtain a certificate from an outsider? Do you mean a fixer?

Greetings!

Just my two cents. Before you move forward just make sure that the CENOMAR  (CERTIFICATE OF NO MARRIAGE) is authentic and that she was not registered as married. The easiest way is to check the Local Civil Registry as well as PSA/NSO.

 

My best regards,

Nelma

Her Cenomar shows absolute annulity now and was presented 

[Mapan 3]

2 hours ago, nelmagriffin said:

Why obtain a certificate from an outsider? Do you mean a fixer?

Greetings!

Just my two cents. Before you move forward just make sure that the CENOMAR  (CERTIFICATE OF NO MARRIAGE) is authentic and that she was not registered as married. The easiest way is to check the Local Civil Registry as well as PSA/NSO.

 

My best regards,

Nelma

Cenomar is registered as "absolute annulity " and was presented with her documentation 

[nelmagriffin 148]

Greetings!

What a difficult situation. (I just wish she filed for annulment prior and not use a fixer). Also, I feel sad that she still denied the fact that she thinks her marriage was not legal. I guess the process of getting a Marriage License as well as producing the requirements in the Philippines will let you know that it is legal. Especially one has to sign the marriage contract with at least two witnesses.Although she corrected the above by filing for an annulment later and now is free and can legally marry you. She still has to apply for that waiver and hoping that it will be approved. I think consulting a lawyer is beneficial and the best one to handle this matter.

Goodluck,

Nelma

 

According to http://visarefusal.com/inadmissibility/material-misrepresentation-fraud/

Quote

212(a)(6)(C)(i) Material Misrepresentation / Fraud

Material, willful misrepresentation or fraud is the second most “popular” grounds for inadmissibility among consular officers — and one of the most complicated areas of immigration law. The consequences for making such a misrepresentation are draconian: a lifetime bar from the United States. This is why consular officers are cautioned to be careful in making such a decision, with such decisions subject to “strict scrutiny” and requiring “substantial evidence” to support them.

This section of the Immigration and Nationality Act, 212(a)(6)(C)(i), requires three elements: a finding that the

1. visa applicant made a misrepresentation;
2. did so willfully; and the
3. misrepresentation was material.

A misrepresentation is a statement not in accord with the truth — made by either the visa applicant or his agent on his behalf. It must be a statement or a submitted document; silence is not considered a misrepresentation. So the fact that a tour agency or visa consultant erroneously completed a visa application does not “save” the applicant. Similarly, an applicant who does not know English is not “saved” because he misunderstood a question; the inaccurate information is still considered a misrepresentation.

However, such applicants can attempt to challenge these findings on the basis that they did not willfully make the misrepresentation. A willful statement is made intentionally and deliberately, knowing it is untrue. The test is a subjective one: did this person willfully make a misrepresentation? An accusation that he should have known it was a misrepresentation is not sufficient to make a finding.

Materiality can also be a very tricky determination. In general, the term “material” means a misrepresentation which might have led a consular officer to find a person ineligible for a visa. Some examples in the context of applying for a B visa:

• failing to disclose the existence of a relative in the United States;
• lying that one is married;
• denying that the applicant had previously been in the United States;
• failing to disclose a conviction for a crime of moral turpitude.

1

Here is a relevant topic regarding immigrant waiver I-601.

 

Reference: http://visarefusal.com/waivers/immigrant-waivers/

Reference: http://visarefusal.com/waivers/immigrant-waivers/

[Cyberfx1024 7,980]

1 hour ago, Mapan said:

The Cenomar she obtained was from a fixer, she was not aware of that.  Her 1st Visa was denied because she was registered as married.  She did not think the marriage was legal as I originally listed. She the had the marriage annulled and registered, this took almost 2 years. We have the paperwork and presented it, Visa was denied as they claim she filed fraudulent paperwork the first time.  We were told at the embassy that her Visa was denied and would be put on hold until they hear about the waiver. If the waiver would be approved,  they would ok her visa and let her know and we would not have to start over. My concern is there is a slim to none chance the waiver will be approved. I also have concerns that if we get married  her Visa could be denied again due to what has already happened. 

 

1 hour ago, Mapan said:

Cenomar is registered as "absolute annulity " and was presented with her documentation 

Ok, a little back story here all three of us posters are very aware of what happens in the Philippines and have gone through this process before, so trying to tell us what you think happened or what happens is a mute point. We know what happened here and that originally your fiancé hired a fixer in order to get a CENOMAR for the USEM, she was aware of that because this is a VERY common occurrence in the Philippines.

 

Even if you get married she will still have the will misrepresentation charge on her and she will be denied again. You will need to file the 601 waiver and hope it gets approved. If it can not get approved you have two options at that point: 1. Move to the Philippines 2. Find a new fiancé. Either way you need to hire a lawyer now.

Edited March 1, 2018 by cyberfx1024

[Cyberfx1024 7,980]

1 minute ago, nelmagriffin said:

Greetings!

What a difficult situation. (I just wish she filed for annulment prior and not use a fixer). Also, I feel sad that she still denied the fact that she thinks her marriage was not legal. I guess the process of getting a Marriage License as well as producing the requirements in the Philippines will let you know that it is legal. Especially one has to sign the marriage contract with at least two witnesses.Although she corrected the above by filing for an annulment later and now is free and can legally marry you. She still has to apply for that waiver and hoping that it will be approved. I think consulting a lawyer is beneficial and the best one to handle this matter.

Goodluck,

Nelma

 

According to http://visarefusal.com/inadmissibility/material-misrepresentation-fraud/

Here is a relevant topic regarding immigrant waiver I-601.

 

Reference: http://visarefusal.com/waivers/immigrant-waivers/

Reference: http://visarefusal.com/waivers/immigrant-waivers/

This is the 2nd or 3rd one I have heard about within last 6 months on here.

[Unlockable 7,315]

@cyberfx1024 is right.

 

There is more than one issue at play here. The OP is too focused on providing proof of her being able to marry now but is ignoring the other issue. The other issue is the material misrepresentation. You have discovered that you now need a waiver. If the waiver is not approved then she will not be coming to the US to marry you.

 

You mentioned marrying her but be very careful about that. She may very well be registered as married. You could end up marrying her while she is already married and bigamy is a felony offense in the Philippines.

 

Before you move forward you need to make sure, through official means like the PSA/NSO and not another "fixer", what her official registry is. We know you love her and want to take her word on things but she may not know or may not understand what the "fixer" herself. 

 

[Mapan 3]

Her annulment is official and was obtained from the NSO directly. I wish things had been done differently as well but we're beyond that now and looking for a way to make things right. I'm not moving to the Philippines, so that option is out. I appreciate the feed back from everyone, not sure what the outcome will be. Had I been aware of the wavier requirement, I would have filed for it 3 years ago. I am somewhat taken back that the determination I received from USCIS on the first denial didn't have directives or tell me why it was denied, I sent for a Cenomar myself and that is how we discovered that marriage had been recorded as legal. She was only 17 at the time the marriage took place, her mother did not give permission for the ceremony and did not attend, mistakes were made at a very young age and now she's paying for it. The denial determination did say in the 1st denial that we could file again, so we took the steps to get the annulment and file again not knowing we needed to file for the waiver. I guess filing for the waiver is the only option we have now and hoping it will be approved.

[Boiler 45,657]

You have to be free to marry to file a K1, she was married so that first one is dead and buried.

 

Second time around she is free to marry but now has a Misrep to waive, filed with Lockbox, takes about a year or so.

 

Some people have done them, themselves obviously quite a lot to put one together, there are a number of Lawyers that specialise in this area.

 

Not sure why you did not have the waiver ready to go after the interview.