K1 Visa denied at Phnom Penh Cambodia Embassy, questions and concerns on what to do next. (merged)

[Dataunavailable 82]

1 hour ago, USS_Voyager said:

I agree with the assessment that it sounds like they think this is a set-up of some kind by her family in order to bring her here bypassing the other routes of immigration. However, I don’t think they can charge the misrepresentation just by “thinking”. They must see some evidence either written or something was said that they know for sure it was wrong. 

 

Fighting that misrep won’t be cheap or easy and as someone mentioned, no guarantee of success, even the waiver is a discretionary process. As long as that misrepresentation is on her records, she’s not going to the US.

She's worth more to me than any amount of money, so if I need to spend more, that's fine. I'm not giving up until I've exhausted every possible option. 

[Boiler 43,430]

More money and time should resolve this.

[Dataunavailable 82]

2 hours ago, Boiler said:

She was told the reason for the denial. A senator can not find out anything more.

 

As has been mentioned there is a mis rep waiver. 

So she was left alone when her Mother moved?

Right, but what I'm wondering is the exact reason. What was said that they deemed it fraud/misrepresentation. Because if it was something that was not matching on I-129f vs her response. I have legal documents that can show everything, where it was a dumb mistake on my end. Looking back now, I wish I would of just spent the money on an attorney,  but I was thinking with friends help, it was something I didn't need. Hindsight I suppose. 

 

She is currently 27, her mother has been here maybe 3 or 4 years.  So she was already living in Phnom Penh working when her mother left. 

 

[Boiler 43,430]

There is nothing to be said, the petition has been returned and will be allowed to die.

 

So it is now up to you to decide what to do next,  most people recommend marrying and going the CR1 route.

 

As an aside her mother could also have petitioned for her.

 

 

[USS_Voyager 1,971]

34 minutes ago, Boiler said:

There is nothing to be said, the petition has been returned and will be allowed to die.

 

So it is now up to you to decide what to do next,  most people recommend marrying and going the CR1 route.

 

As an aside her mother could also have petitioned for her.

 

 

That misrepresentation must be addressed one way or another, either with a waiver or a lawyer’s motion to get the Embassy to drop it. Otherwise  she’ll get denied again, even if they go CR1 and the next CO believes everything that they have. 

 

OP, 6c1 is short for Section 212(a)(6)(C)(i) of the Immigration & Nationality Act (INA) states that foreign nationals, who by fraud or willfully misrepresenting a material fact, seek to procure (or have sought to procure or have procured) a visa, other documentation, or admission into the United States or other immigration benefit are inadmissible. 

 

This case is above my pay grade, and is no longer in the DYI territory. You need to get a good lawyer and get a process going either a waiver or somehow get the Embassy to drop the misrep charge. 

 

https://dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-immigration-fraud-or-misrepresentation-and-how-do-you-get-it/

 

That link above has some information to get you started. That lawyer in that link is also who I recommend, very experienced in this matter. 

 

Good luck!

[Boiler 43,430]

3 minutes ago, USS_Voyager said:

That misrepresentation must be addressed one way or another, either with a waiver or a lawyer’s motion to get the Embassy to drop it. Otherwise  she’ll get denied again, even if they go CR1 and the next CO believes everything that they have. 

 

You need an underlying petition which would otherwise be approvable, there is nothing currently.

[Dataunavailable 82]

1 hour ago, USS_Voyager said:

That misrepresentation must be addressed one way or another, either with a waiver or a lawyer’s motion to get the Embassy to drop it. Otherwise  she’ll get denied again, even if they go CR1 and the next CO believes everything that they have. 

 

OP, 6c1 is short for Section 212(a)(6)(C)(i) of the Immigration & Nationality Act (INA) states that foreign nationals, who by fraud or willfully misrepresenting a material fact, seek to procure (or have sought to procure or have procured) a visa, other documentation, or admission into the United States or other immigration benefit are inadmissible. 

 

This case is above my pay grade, and is no longer in the DYI territory. You need to get a good lawyer and get a process going either a waiver or somehow get the Embassy to drop the misrep charge. 

 

https://dyanwilliamslaw.com/2016/01/when-do-you-need-an-i-601-waiver-due-to-immigration-fraud-or-misrepresentation-and-how-do-you-get-it/

 

That link above has some information to get you started. That lawyer in that link is also who I recommend, very experienced in this matter. 

 

Good luck!

This part gives me hope 

 

If you do not qualify for the waiver, you will have to present information, documents, and legal arguments establishing the section 212(a)(6)(C) finding is improperly applied to you. You cannot become a permanent resident unless you get the inadmissibility finding rescinded or you obtain the waiver. 

 

I have all the legal documents that can show whatever would be needed, if it was a mistake on the paperwork. 

 

The whole, aunt/sister thing. I work with the aunt and see the sister regularly. So I can have them write a letter that explains their role in everything. All the sister did was fly to Cambodia with me, all the aunt did was introduce us on Facebook.  Everything else was on me and my fiances own accord of how our relationship developed. No one pushed us to get engaged. Can get the letters notarized if that would help anything. 

[Boiler 43,430]

21 minutes ago, Dataunavailable said:

This part gives me hope 

 

If you do not qualify for the waiver, you will have to present information, documents, and legal arguments establishing the section 212(a)(6)(C) finding is improperly applied to you. You cannot become a permanent resident unless you get the inadmissibility finding rescinded or you obtain the waiver. 

 

I have all the legal documents that can show whatever would be needed, if it was a mistake on the paperwork. 

 

The whole, aunt/sister thing. I work with the aunt and see the sister regularly. So I can have them write a letter that explains their role in everything. All the sister did was fly to Cambodia with me, all the aunt did was introduce us on Facebook.  Everything else was on me and my fiances own accord of how our relationship developed. No one pushed us to get engaged. Can get the letters notarized if that would help anything. 

Have you decided on which basis you intend to go forward, will you marry first? All the above is of course a loooong way away.

[accumbyte 148]

18 hours ago, Dataunavailable said:

I sent all the necessary papers. Affidavit of support, I make well over what was required. The G-325A, along with my fiance having copies of every form needed.

Why did you submit form G-325A? G-325A is not needed after 06/09/2017: https://web.archive.org/web/20170427053222/https://www.uscis.gov/i-129f Furthermore, G-325A is now a Deferred Action for Childhood Arrivals related form; the form is not for the K-1 process: https://www.uscis.gov/g-325a

[Dataunavailable 82]

43 minutes ago, accumbyte said:

Why did you submit form G-325A? G-325A is not needed after 06/09/2017: https://web.archive.org/web/20170427053222/https://www.uscis.gov/i-129f Furthermore, G-325A is now a Deferred Action for Childhood Arrivals related form; the form is not for the K-1 process: https://www.uscis.gov/g-325a

I realized that after I sent it. The checklist I had, had it as a required document. I remember checking before going to Cambodia, because I had to bring some for her signature. 

[Dataunavailable 82]

1 hour ago, Boiler said:

Have you decided on which basis you intend to go forward, will you marry first? All the above is of course a loooong way away.

First I'll be finding a good Immigration Attorney,  I have a few consultations set up to decide which one to go with. I need to find one that is good with Visa denials in that area. 

 

I'm also bringing all my documents I've gathered that show that nothing said was a lie, a hiccup on the form, but everything is legally accurate.  And bring those to the Senators office and see if they can get either the Misrep off, or request a second interview, one I will make sure I am at. 

 

Also give all these papers too the Attorney and see what they can do as well. Possibly with all this proof I have, the mark can be removed. 

[Boiler 43,430]

A Senator can make an enquiry, but can not tell a Consulate what to do, well probably be a staffer or intern making an enquiry.

 

There is nothing for the Consulate to consider, the issue only cones up if another case is filed, for example of you decide to marry and file. The next Officer will review her case which will if she is otherwise approvable consider if any bans apply and if a waiver is available.

 

 

[USS_Voyager 1,971]

2 hours ago, Boiler said:

All the above is of course a loooong way away.

No, I think one thing can be done right now is to submit some sort of motion to reconsider to the Embassy if the OP is sure there was misrepresentation, but just a series of unfortunate errors. If you’re gonna fight it, fight it now. That’s why it is crucial to get a good lawyer who’s experienced and have had some successes in dealing and reversing Embassy’s decisions, and not some whack-job yahooo (those are out there too). You need to interview several lawyers and ask about their experiences.

 

If you are unable to convince the Embassy to drop the charge, then the only way is a waiver. The “good” news is the mother is a qualifying relative, as well as you (after you marry her)

[USS_Voyager 1,971]

34 minutes ago, Boiler said:

There is nothing for the Consulate to consider, the issue only cones up if another case is filed, for example of you decide to marry and file.

No, one can file a motion to reconsider directly with the Embassy. It will be reviewed probably by a supervisor and/or the section chief. And if they find the misrepresentation charge was incorrectly applied, they can and will reverse it and issue the visa. It’s far from 100% guarantee but it’s worth a shot.

 

https://dyanwilliamslaw.com/client-reviews/

 

Edited March 24, 2019 by USS_Voyager

[Boiler 43,430]

19 hours ago, Dataunavailable said:

 

The OP posted this, if the ban had been an issue then that would have been noted and a waiver option offered.