Marriage Visa refused based on misrepresentation at the time of previous K1 visa (same applicant)

[Mike E 11,727]

2 hours ago, Luqmanahmed6753 said:

The K1 officer asked her 5 times if she was married, the 5th time, officer said its ok if you are married, its just a different procedure. She asserted that she wasnt married and said why would i lie to you

1. Was there any engagement party?

 

2. Did you refer to each other as spouses in any evidence that was submitted to USCIS or DoS?

 

3. Did you live together at any time before the K-1 interview?

[Ontarkie 13,979]

They have started pushing back as there are so many ppl filling the WOM don't waste your time filling now. Its averaging 5k.

 

Read the post in another forum it's not country specific either. 

 

 

[Marieke H 2,347]

I know this is not what you want to hear, but I think it is something that you should consider... How well do you know your wife's past from before you met her? Is there any possibility that she was married to someone else (officially/religiously/etc) before you?

[BLC 112]

10 hours ago, Luqmanahmed6753 said:

Yea, do you know a good attorney for this? How is Jim Hacking?

Go on one of his live question and answer shows and jump in to be a guest. He will be able to give you a bit more insight and tell you if it’s something he could assist with legally (which I’m sure he can).  I went on his YouTube Live once and he was great..and I’ve watched many episodes. My question was easy, though, so he was able to answer right then and there. I believe if you actually need to hire his office he said the fee is around $5000.

[Family 3,561]

Wow ! What detailed post and lengthy road behind you , 

 

All the required legal work has been done and so far your attorney is spot on ..no need to change and NO WOM for I-601 possible yet . 
 

To speed up , the only way is to ask for Expedite . Review criteria and make the call. 
Attorneys cannot effectively help w this so save your $

 

Am guessing here but did you have any religious ceremonies before the K-1 interview?

 

Did you spend in

person time w her pre K-1 interview …like a hotel room stay they know some religions forbid prior to marriage? 
 

 

[Family 3,561]

13 minutes ago, Family said:

Wow ! What detailed post and lengthy road behind you , 

 

All the required legal work has been done and so far your attorney is spot on ..no need to change and NO WOM for I-601 possible yet . 
 

To speed up , the only way is to ask for Expedite . Review criteria and make the call. 
Attorneys cannot effectively help w this so save your $

 

Am guessing here but did you have any religious ceremonies before the K-1 interview?

 

Did you spend in

person time w her pre K-1 interview …like a hotel room stay they know some religions forbid prior to marriage? 
 

 

Don’t overthink the Bequest to  Expedite . Medical/ financial  usually granted even without evidence submission or review . 
Denial can be appealed via email

and once you  call in Expedite request you can ask congressman to help specifically with the Expedite 

 

You won’t get anything more on the specific of misrep finding ..and I-601 will take care of it ..so focus efforts on expedite 

[W199 265]

>> I also sent a FOIA request to USCIS, and the file came back with a section of six pages labeled "Risk and Fraud" fully redacted.

 

One reason why it might have been redacted is because they can not release any information they gathered on your Wife without her consent signed under perjury (and probably notorazed) as well your VOI signed under perjury.  I suggest re-filing the FOIA, request that "risk and fraud" section, and include the above in your request. Here is what I received from an FOIA appeal I did.

 

•  As with all FOIA requests you will need to provide Verification of Identity/VOI - the full name, current address, date and country of birth, and consent from the subject of record signed under the penalty of perjury/notary to have those records disclosed to you.

They may still redact for other reasons, but it is free and worth a try. Let us know.

[Palwinder0307 0]

Hey man i ll suggest you talk to lizz cannon you can google her or find it on facebook too. She does waiver and expert in this field only she had done good job. Better you file for waiver soon and also you can try to expedite and let embas Know that you’ have filed for waiver otherwise they will return your application back to uscics and its long process again. If you contact them they will keep extending your time once you get approval just update it you will be good to go. But make sure you or wife don’t hide anything from them even if its old or prior marriages even if it’s not registered. I’m in cr1 process too my wife lost her husband never got chance to register marriage but we did mentioned everything in file. If they suspect something they do proper background check. 

[Luqmanahmed6753 1]

On 10/4/2023 at 10:50 AM, Mike E said:

1. Was there any engagement party?

 

2. Did you refer to each other as spouses in any evidence that was submitted to USCIS or DoS?

 

3. Did you live together at any time before the K-1 interview?

1. Yes, we provided pictures of that ceremony.

2. No

3. No

[Luqmanahmed6753 1]

On 10/4/2023 at 3:40 PM, Marieke H said:

I know this is not what you want to hear, but I think it is something that you should consider... How well do you know your wife's past from before you met her? Is there any possibility that she was married to someone else (officially/religiously/etc) before you?

I know my wife quite well, and I believe that it is impossible that she was married officially or religiously before me.

[Luqmanahmed6753 1]

On 10/4/2023 at 10:37 AM, SalishSea said:

Are you sure you’ve gotten the whole background story from your wife?

 

The pages and pages of redacted documents makes me think there is more to this than just an unfounded suspicion that she was already married at the K-1 

Background story of what?

[W199 265]

37 minutes ago, Luqmanahmed6753 said:

1. Yes, we provided pictures of that ceremony.

Did you provide those pictures with your original I-129F petition?

[Luqmanahmed6753 1]

18 minutes ago, W199 said:

Did you provide those pictures with your original I-129F petition?

Yep

[Luqmanahmed6753 1]

On 10/4/2023 at 6:35 PM, W199 said:

>> I also sent a FOIA request to USCIS, and the file came back with a section of six pages labeled "Risk and Fraud" fully redacted.

 

One reason why it might have been redacted is because they can not release any information they gathered on your Wife without her consent signed under perjury (and probably notorazed) as well your VOI signed under perjury.  I suggest re-filing the FOIA, request that "risk and fraud" section, and include the above in your request. Here is what I received from an FOIA appeal I did.

 

•  As with all FOIA requests you will need to provide Verification of Identity/VOI - the full name, current address, date and country of birth, and consent from the subject of record signed under the penalty of perjury/notary to have those records disclosed to you.

They may still redact for other reasons, but it is free and worth a try. Let us know.

They quoted b7c, b7e, k2, and j2 for partial denial

[W199 265]

11 minutes ago, Luqmanahmed6753 said:

Yep

Then it does seem to all add up .

 

USCIS got the photos and notified the embassy that it appears you had a religious marriage ceremony.  All your researched confirmed that the embassy received information about your marriage, and Legal net informed you that USCIS made the determination that you are married.

 

Finally, the embassy told her that she is eligible to apply for a waiver for the CR1, so that means they must think she is married to you and simply misrepresented that fact. I don't think they would say she is eligible to apply for a waiver if they thought she was married to someone else.

 

Hence, your application for a waiver seems like the right thing to do. Hopefully in the waiver you addressed the fact that your engagement ceremony was just that, and not a legal marriage, and you request a waiver now that you have been legally married and applying for a CR1.

 

If I were you I would request an expedite on the basis on a clear error that your enagement based on her Indian customs was not equivalent to a wedding and not a religious wedding ceremony. For that you would need the religious leader in her town to write a letter. Just you or your financee writing it, won't be enough, Including that letter int he waiver would have been good too

,

 

Edited October 8, 2023 by W199