212(a)(6)(c)i CO said waiver eligible

[zee baby 0]

Hello, 

 

I recently had any IR1 interview and was not approved. The CO didn’t ask too many questions and the ones asked were answered truthfully. 
 

Note: we had our first marriage with the same husband 7 years ago and filed for i130 and was approved, I got the visa at that time and it was revoked due to my husband divorce document with his ex. He paid a lawyer for his service and was issued a counterfeit document. USCIS ask us to appeal or reapply after sorting out the documents. 
 

Since then my husband made sure he refilled it himself and got the original paperwork done and the divorce certificate was genuine. He then went ahead and we remarried since the previous marriage was null and we did the i130 again and was approved and scheduled for interview. 
 

why did the CO refused based on the previous issue when it has been resolved already and it’s a new petition. 
 

she said we can go ahead and file waiver. 

[Crazy Cat 39,261]

29 minutes ago, zee baby said:

why did the CO refused based on the previous issue when it has been resolved already and it’s a new petition. 

Seems like you were denied due to material misrepresentation.  

[Dashinka 23,248]

Sounds like the CO is saying you will need an I601 waiver request to deal with the previous counterfeit document.  All is not lost since the CO stated a waiver is possible (refused does not mean denied or revoked), but it will take more time.  I suggest researching the I601 waiver form, most folks employ an immigration attorney for this, but I have heard of folks doing it by themselves.

 

Good Luck!

 

https://www.uscis.gov/i-601

 

 

https://www.nolo.com/legal-encyclopedia/how-prepare-form-i-601-request-waiver-inadmissibility.html

Edited December 19, 2023 by Dashinka

[zee baby 0]

31 minutes ago, Dashinka said:

Sounds like the CO is saying you will need an I601 waiver request to deal with the previous counterfeit document.  All is not lost since the CO stated a waiver is possible (refused does not mean denied or revoked), but it will take more time.  I suggest researching the I601 waiver form, most folks employ an immigration attorney for this, but I have heard of folks doing it by themselves.

 

Good Luck!

 

https://www.uscis.gov/i-601

 

 

https://www.nolo.com/legal-encyclopedia/how-prepare-form-i-601-request-waiver-inadmissibility.html

Thank you very much. I will go ahead with the waiver. What’s the chances of getting the waiver approved and also how long does it take?

34 minutes ago, Crazy Cat said:

Seems like you were denied due to material misrepresentation.  

Yea and that’s was with the first petition in 2018 not the second petition approved by USCIS. What do we do?

[Boiler 43,438]

I 601s I have seen of late have been just under 2 years.

 

It is unusual for a well prepared waiver not to be approved.

 

[zee baby 0]

Just now, Boiler said:

I 601s I have seen of late have been just under 2 years.

 

It is unusual for a well prepared waiver not to be approved.

 

Okay thank you!

[Crazy Cat 39,261]

19 minutes ago, zee baby said:

Yea and that’s was with the first petition in 2018 not the second petition approved by USCIS. What do we do?

Material misrepresentation carries a lifetime ban.  Therefore, any entry into the US after that misrep must be waivered.  Good luck.  I hope the I-601 is approved soon.  

[bukaldrinio 4]

2 hours ago, zee baby said:

Hello, 

 

I recently had any IR1 interview and was not approved. The CO didn’t ask too many questions and the ones asked were answered truthfully. 
 

Note: we had our first marriage with the same husband 7 years ago and filed for i130 and was approved, I got the visa at that time and it was revoked due to my husband divorce document with his ex. He paid a lawyer for his service and was issued a counterfeit document. USCIS ask us to appeal or reapply after sorting out the documents. 
 

Since then my husband made sure he refilled it himself and got the original paperwork done and the divorce certificate was genuine. He then went ahead and we remarried since the previous marriage was null and we did the i130 again and was approved and scheduled for interview. 
 

why did the CO refused based on the previous issue when it has been resolved already and it’s a new petition. 
 

she said we can go ahead and file waiver.

 

You must need the waiver which take 1 to 2yrs to be approved then reapply or reopen which gonna over 6months +,

You now have genuine documents for embassy but know it that you obtain your i130 with fake documents.. without waiver your i130 is inactive and all the visa processing is linked to i130.. good luck