I-601

[Crazy Cat 39,193]

1 minute ago, Isikaku said:

But what are the chances of a waiver beign approved when ur wife isn't ill or hv very serious medical situation?

These are questions for your attorney, in my opinion....

[Isikaku 0]

The only thing that comes to.my mind would be not filling out other relatives. I didn't hv any immediate relatives at that time ie father, mother, child or spouse. As for other realtives, that would be over 200 ppl. I didn't fill that out. Cld that be the case?  They said they had no issues witj my marriage. Their only worries is centered around how i came into the US. It didn't just say misrepresentation. The fraud n willful n then of a material fact

 

[Isikaku 0]

The firm has assigned a paralegal to me but she is steadily unavailable. They asked that I re-do a medical examination which i hv done. The lawyer said all will be fine but am still worried basically bcos i don't hv those documents. We don't owe any debts or anything like that

[nullaccount234 882]

The reason why everybody keeps referring to your lawyer is because no one can know the potential outcome of your case. Whether these waivers are approved or not depends on the circumstances of your case. Yes you will have to prove extreme hardship, and yes that can be difficult to do, hence lawyer.

 

Additionally, without knowing more no one will be able to help you understand where you misrepresented either. How did you get into the US? Why did they ask you about a child if you never said you had one? What relatives were you asked to fill out specifically?

Edited March 1, 2019 by LizM

[carmel34 3,529]

File the I-601 waiver working closely with your attorney before the deadline.  That's all the advice you need.  No one can predict the chances of its approval or denial.  File the waiver and hope for the best.  It will be up to the immigration officer adjudicating your case.

[Going through 5,668]

11 minutes ago, Isikaku said:

They said they had no issues witj my marriage. Their only worries is centered around how i came into the US.

How did you enter the US? What type of visa?

 

 

[USS_Voyager 1,971]

Well, this is a DYI forum, and this is a little above my pay grade since it is not DYI territory anymore. You should heed the advice and really need to pound on your lawyer to response or get another lawyer. That letter needs to be responded by the deadline because otherwise the next thing that'll hit you is a removal/deportation order and ICE can pick you up.

 

That plus the issues of child  or no child, 200 relatives, waivers, lying or not lying... , all above my pay grade. 

 

There clearly was a lot of suspicions building up otherwise they wouldn't conduct 2 interviews AND a site visit. That's pretty intense for a typical AOS.

[Isikaku 0]

I came into the U.S. with a B2 i guess. I had come for an SPE conference in california but didn't go bk. On the form, there is provision to state what immediate relatives u hv in the U.S..  Immediate Relatives being spouse, parents or child . i had none and so i stated NONE. There's another provision for stating what other relatives and i stated none. I guess they felt i had other relatives i shld hv mentioned since i had an uncle with the Same last name. However, he didn't hv the same last name with me until he did a change of name

[nullaccount234 882]

Same name or not, doesn't matter. I'm not familiar with exactly what's asked for in a B2 application, but if your uncle was present in the US and you didn't provide that when asked for "other relatives", then that likely constitutes misrepresentation.

[Isikaku 0]

Okay thanks. I'll just continue with the lawyer

[Isikaku 0]

I appreciate all the help

[nullaccount234 882]

No worries. I'm afraid we weren't really able to help much, but I wish you good luck with the waiver.

[Going through 5,668]

3 hours ago, Isikaku said:

I came into the U.S. with a B2 i guess. I had come for an SPE conference in california but didn't go bk. On the form, there is provision to state what immediate relatives u hv in the U.S..  Immediate Relatives being spouse, parents or child . i had none and so i stated NONE.

Immediate relatives on the DS-160 also include fiancees, and states that on the form.

 

 

4 hours ago, Isikaku said:

Their only worries is centered around how i came into the US. It didn't just say misrepresentation. The fraud n willful n then of a material fact

 

When you applied for the B2, was your wife your fiancee at the time?  If she was, and you never included that information about her on the form, that would have been misrepresentation of fact....since your B2 would have been approved without the CO knowing all of the facts.

 

Two interviews and a home visit usually means they don't believe your marriage is bonafide (in other words, that you married only for immigration benefits).
 

 Be as upfront with your lawyer as much as you can, and let us know how it works out.

[Isikaku 0]

Thanks for the update..my wife and i met around march 2015.we moved in together around july 2015 and been living together since then. We got married around february 2016 and she's had two miscarriages since then. I understand their suspicions but it never bothered us for a second because we have never had anything to hide. During the second interview, i was questioned for 3hrs 30 mins because they were simply looking reasons to deny but couldn't find any. They kept questioning until it was clear the they weren't gonna succeed. After 1year and 8mths, they visited our apartment and we were both there. They went round the entire apartment, closets, drawers, bathrooms and patio. They later sat us down and told us they were satisfied with our marriage but were about how i came in. 3mths later we recived a letter requesting for more evidence and for me to file the 601 waiver

[Isikaku 0]

The letter caption was request for more evidence but thr content is that i shld submit an updated medical examination report and to file the i-601