(221g) passport stamped refused

[jmm462001 0]

Your case is very complicated. The only thing I can add is that lying on any visa application is misrepresentation and normally requires a waiver. The waiver requires proof of extreme hardship with evidence from the USC.

It's hard to tell if that's what they are ultimately going to require. I would consult with a qualified immigration attorney.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Classes of Aliens Ineligible to Receive Visas

C) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

I have read the law regarding waivers, but will they accept hardship from a fiance, or must it be a spouse; if you know! Thanks

[morocco4ever 63]

Wow, harsh lesson on being 100% honest on all applications and interviews. This does complicate things greatly. I think it would be a good time to consulte with a good immigration attorney ASAP. Sorry to hear your bad luck.

[kitkat1 5]

I have read the law regarding waivers, but will they accept hardship from a fiance, or must it be a spouse; if you know! Thanks

The law allows fiances to file hardship letters:

http://travel.state.gov/visa/laws/telegram...grams_1437.html

N9.2 INA 212(d)(3)(A) Waiver for K-1 Fiance(e) Who Would Qualify for a Waiver if Married, or for K-3 Spouse

a. If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a) but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, the consular officer should assist the applicant in completing Form I-601, Application for Waiver of Grounds of Excludability, and submit simultaneously both the Form I-601 (with the required fee) and Form OF-221, Two-way Visa Action Request & Response, to the appropriate USCIS office abroad with the recommendation concerning the granting of an INA 212(d)(3)(A) waiver. (If the case involves a K-1 fiance(e), before beginning that waiver process the consular officer should first satisfy him/herself that the petitioner was or is aware of the ineligibility and still wishes to pursue the marriage. If not, the petition should be returned to USCIS and no waiver process commenced.) Consular officers should follow this same general procedure whether the ineligibility is on medical or non-medical bases, while taking into account any variant procedure required in certain medical cases as set forth in 22 CFR 40.11 PN2.

b. When an alien fiance(e) of a person in the U.S. military has been found ineligible and it appears that the benefits of INA 212(h) or (i) might be available once the marriage has taken place, the consular officer should discuss the ineligibility and the waiver possibility with the military officer responsible for granting permission to marry, and point out that USCIS cannot make advance determinations regarding a waiver.

[jms 0]

I really do not think there is much an attorney could do. I just hope the complete AR quickly and do what they must if they require a waiver. I have no problem proving hardship and can get documentationa and probably put it together myself. I just wish they did not always take so long doing everything. Thanks for info. I gave him hope as I told him it is not a denial just a setback as they said they will call him again for a reinterview. He is out of the hospital and doing a bit better thankfully. Thank you guys who have replied with help, and yes this should be a lesson for all.......and fill out your own forms our read them all carefully before signing if you have someone else do it for you!