Jump to content
Dataunavailable

Looking for clarification on P6C marker, if and when applied, K1 embassy denial.

12 posts in this topic

Recommended Posts

Sorry this might be a long post. 

 

I've made a few posts about my situation. Fiance had a K1 interview in Cambodia. Denied with a basic 221(g), it did say on the bottom being sent back to USCIS on fraud or material  misrepresentation grounds, nothing else checked, nothing stating 212 or anything with 6c. She was never mentioned anything that she would need a waiver. 

 

I sent email correspondence to the embassy as well as our state Congress person. We both got back roughly the same response. That the IO could not determine the legitimacy of the relationship, but we can refile at anytime. And the petition is being sent back for revocation. 

 

Fast forward to early May of this year, I go to Cambodia again to visit my fiance, we both go to the embassy in person and am told I need to email for an appointment. Email and get a response a couple days before leaving. Stating the same copy paste in prior correspondence along with the statement that my fiance did not adequately display intent to marry in the U.S. 

 

I emailed back asking about the fraud/misrep wording on the denial letter. I received a response stating a refusal under 221g is not a permanent ineligibility and does not inherently preclude you from filing another petition. 

 

After I get back to the U.S. I have an appointment with USCIS, where I am told the petition has been requested by a service center for review and they suggest we wait to refile until we hear something from USCIS. I called the customer service number and they also stated the same, that the petition is requested for review and it can take up to 180 days for response. 

 

Now in another thread, a poster has stated that, if by some chance they do review the petition, agree with the CO and revoke it, it will be automatically hit with the P6C marker and bar her, now requiring an I-601 waiver. 

 

My questions are, the denial letter has never had anything about 212a or anything with 6c, the only mark was 221g, my email correspondence with the embassy stated 221g denial with no ineligibility. So, if the petition is revoked,  when does the P6C hit and where does it come from? Are the consular notes different if they tell me 221g, but really send it back on something like 212a? Isn't it normally like this, To revoke an I-129F petition approval, USCIS must have "good and sufficient cause" to find the petition should have been denied in the first place. Which I am assuming, is why most people are saying USCIS does not review anymore and lets petitions die. So, why am I being told ours is requested for review if they normally just let them expire. 

 

There is also this, considering our petition was returned, as far as I know, under 221g, at least that is all that is checked on our denial, or can they put 221g on a denial letter, but send it back to USCIS under different criteria? 

If the consular officer returns the petition because they believe the relationship is a sham, primarily for the purpose of securing an immigration benefit, then they cite INA 212(a)(6)(C ), which relates to misrepresentation or fraud to secure an immigration benefit. Consular officers cite paragraph (6)(C ) the majority of the time when they use their discretion to deny a visa, even if the reason was because the beneficiary didn't have enough pictures or chat logs to convince them the relationship was real. A finding of fact means the beneficiary is guilty of fraud, and subsequently banned from the US.

The P6C marker exists if the consulate cited paragraph (6)(C ) when returning the petition. It becomes a finding of fact if USCIS makes a final decision not to reaffirm the petition approval. 

 

Sorry for the long, possibly confusing, post. This whole issue is stressing us out so much, I'm barely sleeping, I can't figure out how to just turn my mind off and relax after this. People keep telling me if I don't take a step back and just let what happens, happen, I am going to have a heart attack from the stress of worrying about things that are out of my control. 

 

Thanks. 

 

Share this post


Link to post
Share on other sites

I have not seen a K1 that is not just allowed to die, thought if there had been one it would have been mentioned, well if it had happened to somebody who posted on VJ.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
14 hours ago, Boiler said:

I have not seen a K1 that is not just allowed to die, thought if there had been one it would have been mentioned, well if it had happened to somebody who posted on VJ.

I feel like our case is strange, and it's so confusing, which is why I'm always asking questions about it. It's rare to have a petition reviewed? 

Share this post


Link to post
Share on other sites
Posted (edited)
3 minutes ago, Dataunavailable said:

I feel like our case is strange, and it's so confusing, which is why I'm always asking questions about it. It's rare to have a petition reviewed? 

The only time I have seen it reviewed is if there was a defect in the approval of the petition originally that the uscis needs to correct .  Lack of a bonafide relationship is not a petition defect 

Edited by payxibka

YMMV

Share this post


Link to post
Share on other sites
1 hour ago, payxibka said:

The only time I have seen it reviewed is if there was a defect in the approval of the petition originally that the uscis needs to correct .  Lack of a bonafide relationship is not a petition defect 

So I am wondering if they really will review it like USCIS says, that it's noted for request to be reviewed as of last week. Or if they will just get it and close without prejudice. The lady on the phone at USCIS said it can take up to 180 days to hear a response. And to send in documents if they send an RFE

 

 

Share this post


Link to post
Share on other sites
1 minute ago, Dataunavailable said:

So I am wondering if they really will review it like USCIS says, that it's noted for request to be reviewed as of last week. Or if they will just get it and close without prejudice. The lady on the phone at USCIS said it can take up to 180 days to hear a response. And to send in documents if they send an RFE

 

 

Are you willing roll the dice and wait for what  is most likely a negative outcome or just get married in her country and start a spousal?


YMMV

Share this post


Link to post
Share on other sites
1 hour ago, payxibka said:

Are you willing roll the dice and wait for what  is most likely a negative outcome or just get married in her country and start a spousal?

I would prefer to do that. The problems are that I used my vacation up already this year going to Cambodia in earlier this month. So I have to wait for that to build back up, and I would have to be there for about 30 days for the process and paperwork to be approved. Getting an entire month of unpaid, while maybe possible, leaves me just spending money and not getting any paychecks. 

 

I went back to Cambodia for 2 weeks to spend time with her, because our plan was to refile a K1, we didn't have enough time to get a wedding ceremony and paperwork done. 

 

And now with this, I don't know the best course of action. Do I want to just get married, of course. But going unpaid when I have rent and car payments, and already having spent about $2500 going there earlier this month. The savings are drying up. Using money that we were going to use for our wedding since we thought she would be here in April. 

 

I know it sounds like excuses, but these are problems I'd have to solve to be able to get there for the wedding. Not to mention the money spent to get the paperwork sped up. 

Share this post


Link to post
Share on other sites
Posted (edited)
2 hours ago, Dataunavailable said:

I would prefer to do that. The problems are that I used my vacation up already this year going to Cambodia in earlier this month. So I have to wait for that to build back up, and I would have to be there for about 30 days for the process and paperwork to be approved. Getting an entire month of unpaid, while maybe possible, leaves me just spending money and not getting any paychecks.

Maybe do a little research and see if there is a third country you could both travel to that is not too far from Cambodia where you could get married in a few days?  That way you would only have to miss a week of work, then return and file an I-130.  Good luck!  When my husband and I got married we considered some of these third country options and found some where you can get married in less than a week, although in the end we decided to do it in his home town in Brazil which took five months for all the paperwork, documents, apostilles, official translations, newspaper notices, application, etc., so I did a power of attorney (so my husband's friend could sign all the paperwork for me) so I only had to be there for the day of the wedding and sent all the documents via FedEx in the months before.

Edited by carmel34

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...