Refusal 212(a)2a(i)

[Boiler 43,878]

We do seem to have a lot pf people on here who seem to have hardly any knowledge of the person who they married or are wanting to marry, now I am sure that happens outside the VJ arena but to the same level?

[Unidentified 2,930]

23 minutes ago, Boiler said:

We do seem to have a lot pf people on here who seem to have hardly any knowledge of the person who they married or are wanting to marry, now I am sure that happens outside the VJ arena but to the same level?

That's a very interesting question and probably one of the big reason as to why divorce rates in this country are very high. People get married way too fast and for the wrong reasons. 

[Jeanne Adil 1,651]

1 hour ago, Maria1989 said:

Visa Judgment. Lol that’s too funny. 

 

Yes I agree with the expungement as far as immigration is concerned, which made me to ask most importantly was it disclosed.

 

However the other poster’s Adil comment to tell her to basically discard him like trash and go to another dating website when she herself experienced having to file and refile and go through I think as she described 4 years means she has major issues in her relationship/petition including a MAJOR AGE DIFFERENCE and being out of child bearing years in a country such as Morocco when men marry girls/women 16-24 not 50+....... 

 

Just my opinion tho.......... and as she stated use her head. 

I was older than him only and casa denieis most on 1st interview 

we are married 8 years

he works 6 10 hours days and is about the most decent man i know besides family

no criminal background 

but she said assault / that according to all my family in law enforcement is serious and it was not espouged as it showed up on the crimianl report 

now, this is uphill battle and she may not succeed in the waiver

I can still have children but 2 of mine died young (one hit by a car at age 17 by a drunk driver and a twin died at age 18 months from apendicitis)

we lost a baby 3 months ago 

i am older but not ancient

[geowrian 22,336]

2 hours ago, Boiler said:

If he did not declare it then that would be a Misrep but both require the same waiver so not a big issue.

I'd disagree...having 2 inadmissibility to waive would be a bigger hurdle IMO. And misrepresentation is not easy to get approved in itself. It's the same form, but I think it would hurt the waiver case.

Edit: In FY17, only 1,502 misrepresentations were overcome out of 5,862 findings for immigrant visas (25%).

Edited March 24, 2018 by geowrian

[kris&me 572]

3 hours ago, Maria1989 said:

I would really disagree with you. You have no idea the exact charges and being less than one year or a fine would probably make it the equivalent of a misdemeanor here. I would be more concerned on if he disclosed it. If it did show up on his criminal background check then he should have taken care of the issue to clear a clear one with the court system if it was indeed expunged. However, it still should have been disclosed. 

 

Further, you really don’t know the circumstances surrounding this incident. My daughter had a theft that was expunged. She was 18 years old at the time with friends and was at Walmart, does that make her a bad person, no, it makes her  a teenager that made a mistake. She is now  raising two kids, educated and making almost as much money as I do. So don’t judge. 

 

People shouldn’t judge especially for some one that did how many petitions? Especially someone with what is it a 20 year + age difference. People could judge you in many ways and tell you to search for man your age, people could judge you in many ways such as not being in child bearing years with a young man. So I don’t think it’s right for you to do that and it’s quite insensitive. 

 

She should look look at her options and decide from there. 

i gotta agree with some as she just found out about the situation therefore it was not disclosed to her before the relationship was at the interview stage and must not have been  disclosed on the applicaiton 

bad move as this is keeping facts not only from immigration but also the OP

moving on thru a waiver process  would be costly and lengthy 

and may not be worth it 

assault (depends on many things but it did show up in the report 

and it was right of CO in embassy to deny

can this be overcome?   who knows here  but the financee may now have a ban for not disclosing and a waiver is a lengthy and expenive process

up to you if you want to presue / why not talk to family and get some advice from those who are close and love you

[Boiler 43,878]

The overall waiver approval rate is very high and when you take into account the ones submitted by people with no clue what they are doing, the chance of a well prepared waiver being declined is extremely small.

 

I have never come across a case where someone has been refused because they were OK for on but not two.

 

I would expect a competent waiver lawyer to put forward the best case and not skimp because it is only one cause.

[Maria1989 403]

1 hour ago, adil-rafa said:

I was older than him only and casa denieis most on 1st interview 

we are married 8 years

he works 6 10 hours days and is about the most decent man i know besides family

no criminal background 

but she said assault / that according to all my family in law enforcement is serious and it was not espouged as it showed up on the crimianl report 

now, this is uphill battle and she may not succeed in the waiver

I can still have children but 2 of mine died young (one hit by a car at age 17 by a drunk driver and a twin died at age 18 months from apendicitis)

we lost a baby 3 months ago 

i am older but not ancient

I’m sorry for your losses. Truly....

 

however I was under the impression that you are like 50, is that incorrect ? Most are denied the first time, weren’t you denied like 3 times. I worked in Circuit Court which handles Criminal, Family, Civil and Juvenile cases. There are degrees to Assault, and there are Misdemeanor Assault cases. So it could be a very minor case.  With a waiver highly possible especially since he only paid a fine. I was mainly concerned about the disclosure of the conviction and if it was expunged then it shouldn’t have showed up. 

[Jeanne Adil 1,651]

51 minutes ago, Maria1989 said:

I’m sorry for your losses. Truly....

 

however I was under the impression that you are like 50, is that incorrect ? Most are denied the first time, weren’t you denied like 3 times. I worked in Circuit Court which handles Criminal, Family, Civil and Juvenile cases. There are degrees to Assault, and there are Misdemeanor Assault cases. So it could be a very minor case.  With a waiver highly possible especially since he only paid a fine. I was mainly concerned about the disclosure of the conviction and if it was expunged then it shouldn’t have showed up. 

not denied 3 times / our first CR1 was destoyed from a pipe breaking in the California office and we got an RFE to replace all plus answer some others

our denied i applealed and that took 2 years /  it was stated he didn't know what books i read /   good God my dad had no idea what my mom read and that is how i won appeal / an immigration attorney said at the point they verified the appeal and marriage was bona fida they should have approved it instead of saying apply again

and my grandmother ( dad's side ) had a baby ( a lot older than me) she was 54 maybe 56 no birth certificate from  finland but she was at least 2 when she came to US

[Jeanne Adil 1,651]

1 hour ago, Maria1989 said:

I’m sorry for your losses. Truly....

 

however I was under the impression that you are like 50, is that incorrect ? Most are denied the first time, weren’t you denied like 3 times. I worked in Circuit Court which handles Criminal, Family, Civil and Juvenile cases. There are degrees to Assault, and there are Misdemeanor Assault cases. So it could be a very minor case.  With a waiver highly possible especially since he only paid a fine. I was mainly concerned about the disclosure of the conviction and if it was expunged then it shouldn’t have showed up. 

if it was expunged it should not have shown up but the real problem is they did not disclose this at all and the OP did not know about it

my response is "HOw can she trusgrt shee kneows what he said is true about the case"    and yes ,  i have many family also in law enforcement and several degreees of assault / we don't even know if it gang related or why he was convicted 

but he was not honest with her / that is the real issue

how can she trust?

Does "I really love you"  worked when the relationship starts out with a lie as OP stated she just found out?

Edited March 24, 2018 by adil-rafa

[Unidentified 2,930]

4 minutes ago, adil-rafa said:

if it was expunged it should not have shown up but the real problem is they did not disclose this at all and the OP did not know about it

my response is "HOw can she trusgrt shee kneows what he said is true about the case"    and yes ,  i have many family also in law enforcement and several degreees of assault / we don't even know if it gang related or why he was convicted 

but he was not honest with her / that is the real issue

how can she trust?

Does "I really love you"  worked when the relationship starts out with a lie as OP stated she just found out?

Has she mentioned in another thread that she had no idea? Nowhere in this thread does it say she had no idea. 

[kris&me 572]

6 minutes ago, Unidentified said:

Has she mentioned in another thread that she had no idea? Nowhere in this thread does it say she had no idea. 

it says Finally found out why k1 was refused the letter from embassy mentions 212(a)2(A)(i) which says general criminal history 

that would mean to me she had no idea / if she did,  she would have addressed the issue with the application

[Unidentified 2,930]

2 minutes ago, kris&me said:

it says Finally found out why k1 was refused the letter from embassy mentions 212(a)2(A)(i) which says general criminal history 

that would mean to me she had no idea / if she did,  she would have addressed the issue with the application

Sounds to me like she knew about it and thought that since it was expunged it wouldn't be an issue.  

[Maria1989 403]

1 hour ago, adil-rafa said:

if it was expunged it should not have shown up but the real problem is they did not disclose this at all and the OP did not know about it

my response is "HOw can she trusgrt shee kneows what he said is true about the case"    and yes ,  i have many family also in law enforcement and several degreees of assault / we don't even know if it gang related or why he was convicted 

but he was not honest with her / that is the real issue

how can she trust?

Does "I really love you"  worked when the relationship starts out with a lie as OP stated she just found out?

I never read she didn’t know. Where did you read that at ?

 

Also it was ssumption that you were pass child bearing years because it was to my understanding that women aged 50 or so are 99% of the time unable to carry and concieve naturally and at 50 a lot times times medical intervention is unsuccessful. 

[Maria1989 403]

54 minutes ago, kris&me said:

it says Finally found out why k1 was refused the letter from embassy mentions 212(a)2(A)(i) which says general criminal history 

that would mean to me she had no idea / if she did,  she would have addressed the issue with the application

No that states she found out the reason for the refusal, not that she was unaware of his pass history. 

[kris&me 572]

3 hours ago, Unidentified said:

Sounds to me like she knew about it and thought that since it was expunged it wouldn't be an issue.  

still has to be reported with the records to document it '

either he was not honest  to her or she was not honest to immigration 

 

Edited March 25, 2018 by kris&me