My wife’s CR1 was denied and sent for administrative processing and been waiting for 1 year and half

[Boiler 43,692]

9 minutes ago, JeanneAdil said:

your wife was denied for misrepresentation by the embassy and case is over

 

there is no NOIR or NOID to follow to be able to respond  as she is barred for a US visa 

 

 Since the elements required for fraud also include the elements for willful misrepresentation, the person is also inadmissible for willful misrepresentation.

 

When making the inadmissibility determination, the officer should keep in mind the severe nature of the penalty for fraud or willful misrepresentation. The person will be barred from admission for the rest of his or her life unless the person qualifies for and is granted a waiver. The officer should examine all facts and circumstances when evaluating inadmissibility for fraud or willful misrepresentation.

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2

If that was the case a waiver would be available. The petition was returned.

 

Getting to a misrep finding is the tricky bit 

[dwheels76 5,463]

Unfortunately this  is so flippin common in Nigeria that I deal with the embassy expects it. It is not impossible to get over this hurdle. Just wish you knew what you knew now. First a Writ of Mandamus was a waste because you are telling them to make a decision now. They don;t even have your evidence.
Have you even got your NOIR or NOID letter from them. Yes it's unusual to get case sent back for misrep most get a chance at embassy to rectify the situation.
This is what your wife needs to do. She needs to go to her high court (get a lawyer to do it) and get a swore affidavit stating she has never been married before. She needs to coup to the lie. The agent can put whatever they want she raised her hand t interview and said all was true and yes they do ask are you married so she can;t say she didn't know that was there it was her responsibility to check and make sure all was true.
Get the affidavit and wait out your letter from USCIS.

[Boiler 43,692]

38 minutes ago, dwheels76 said:

Unfortunately this  is so flippin common in Nigeria that I deal with the embassy expects it. It is not impossible to get over this hurdle. Just wish you knew what you knew now. First a Writ of Mandamus was a waste because you are telling them to make a decision now. They don;t even have your evidence.
Have you even got your NOIR or NOID letter from them. Yes it's unusual to get case sent back for misrep most get a chance at embassy to rectify the situation.
This is what your wife needs to do. She needs to go to her high court (get a lawyer to do it) and get a swore affidavit stating she has never been married before. She needs to coup to the lie. The agent can put whatever they want she raised her hand t interview and said all was true and yes they do ask are you married so she can;t say she didn't know that was there it was her responsibility to check and make sure all was true.
Get the affidavit and wait out your letter from USCIS.

The way I read it is that they have done nothing and the WoM would be to get them to do something.

 

All a High Court could do assuming they could do this at all would be to document they have no records of her being married, which is not the same at all.

[Elon 17]

@Boiler understands my issue. It seems I can't reply because I've reached the maximum number of replies allowed. I'm not familiar with this system and how it works. Please let me know if I'm missing something.

I submitted a Writ of Mandamus to prompt USCIS to take action. Since the case was returned from the consular office in Rwanda, I haven't received any updates. My primary concern is the misrepresentation of a material fact, and that will be my focus. Proving that my wife was not married back then could have been easily done if the US Embassy in Rwanda had pursued that route, but they didn't.

The Rwandan government has an e-government system that tracks all civil statuses of the population, and this is known to the US Embassy in Rwanda. They can verify documents easily. I believe the case was returned due to the FAM code:

9 FAM 302.9-4(B)(8) (U) Additional Information

(CT:VISA-1597; 08-02-2022)

a. (U) Misrepresentations in Family Relationship Petitions: USCIS retains exclusive authority to deny or revoke family-relationship IV petitions. Thus, a misrepresentation with respect to entitlement to the classification based on the relationship, e.g., a sham marriage in an IR-1 case, cannot be deemed material if the petition remains valid. Upon discovery of a misrepresentation, you must return the petition to the appropriate USCIS office via the National Visa Center. If the petition is revoked, the materiality of the misrepresentation is established. In some cases, the relationship and petition may still be valid, but the individual may misrepresent eligibility for the classification in a different way that is not relevant to the petition's validity. In those cases, you retain the authority to make an INA 212(a)(6)(C)(i) determination.

I know it’s an uphill battle, and the beauty of the US system is that there is due process. Once I get the response from USCIS, I will know what my next move will be. It seems like everyone saw the misrepresentation and decided the case already, but in legality and the interpretation of the law, the current DOS and USCIS will determine our fate. If everyone here does some work and reads the case, as @Boiler did, instead of casting stones, it will be very helpful.

Thank you all.

[Boiler 43,692]

VJ limits new members initially as to how many posts they can make in a day.

[nastra30 2,041]

2 hours ago, Elon said:

@Boiler understands my issue. It seems I can't reply because I've reached the maximum number of replies allowed. I'm not familiar with this system and how it works. Please let me know if I'm missing something.

I submitted a Writ of Mandamus to prompt USCIS to take action. Since the case was returned from the consular office in Rwanda, I haven't received any updates. My primary concern is the misrepresentation of a material fact, and that will be my focus. Proving that my wife was not married back then could have been easily done if the US Embassy in Rwanda had pursued that route, but they didn't.

The Rwandan government has an e-government system that tracks all civil statuses of the population, and this is known to the US Embassy in Rwanda. They can verify documents easily. I believe the case was returned due to the FAM code:

9 FAM 302.9-4(B)(8) (U) Additional Information

(CT:VISA-1597; 08-02-2022)

a. (U) Misrepresentations in Family Relationship Petitions: USCIS retains exclusive authority to deny or revoke family-relationship IV petitions. Thus, a misrepresentation with respect to entitlement to the classification based on the relationship, e.g., a sham marriage in an IR-1 case, cannot be deemed material if the petition remains valid. Upon discovery of a misrepresentation, you must return the petition to the appropriate USCIS office via the National Visa Center. If the petition is revoked, the materiality of the misrepresentation is established. In some cases, the relationship and petition may still be valid, but the individual may misrepresent eligibility for the classification in a different way that is not relevant to the petition's validity. In those cases, you retain the authority to make an INA 212(a)(6)(C)(i) determination.

I know it’s an uphill battle, and the beauty of the US system is that there is due process. Once I get the response from USCIS, I will know what my next move will be. It seems like everyone saw the misrepresentation and decided the case already, but in legality and the interpretation of the law, the current DOS and USCIS will determine our fate. If everyone here does some work and reads the case, as @Boiler did, instead of casting stones, it will be very helpful.

Thank you all.

As already stated, we have not seen a single successful case of this on VJ so keep us updated. This shows up many times and nobody comes back to update us. Usually how this plays out is USCIS or the embassy will come back and ask for a termination document from the previous marriage and you won't be able to supply one. You seem to know your next steps so good luck. Hopefully you'll be the first on VJ.

[Elon 17]

Thank you all for your valuable inputs.I am committed to pursue every legal avenue available until all options are thoroughly exhausted.policies have been changing a lot and some Judges interpreted the law differently for non precedent cases. I acknowledge that many cases that went before the board of appeals were dismissed… and showing extreme hardship was tough in case of the waiver but I will try everything until I can’t. Your support and encouragement means a lot, and I will keep you posted on the progress.I am grateful for the insights from all of you VJ members.

Edited January 10 by Elon

[Boiler 43,692]

I think of it as a step by step process with many potential routes, you have the WoM which should move it on, quite which direction it takes is another matter.

[Elon 17]

I just received intent to revoke notice today from USCIS. I am thinking on my next step. 

[Boiler 43,692]

That could have been the WoM

 

What was the gist?

[nastra30 2,041]

4 hours ago, Elon said:

I just received intent to revoke notice today from USCIS. I am thinking on my next step. 

What are they saying?

[Lemonslice 4,583]

On 1/9/2024 at 9:42 PM, Elon said:

@Boiler understands my issue. It seems I can't reply because I've reached the maximum number of replies allowed. I'm not familiar with this system and how it works. Please let me know if I'm missing something.

I submitted a Writ of Mandamus to prompt USCIS to take action. Since the case was returned from the consular office in Rwanda, I haven't received any updates. My primary concern is the misrepresentation of a material fact, and that will be my focus. Proving that my wife was not married back then could have been easily done if the US Embassy in Rwanda had pursued that route, but they didn't.

The Rwandan government has an e-government system that tracks all civil statuses of the population, and this is known to the US Embassy in Rwanda. They can verify documents easily. I believe the case was returned due to the FAM code:

9 FAM 302.9-4(B)(8) (U) Additional Information

(CT:VISA-1597; 08-02-2022)

a. (U) Misrepresentations in Family Relationship Petitions: USCIS retains exclusive authority to deny or revoke family-relationship IV petitions. Thus, a misrepresentation with respect to entitlement to the classification based on the relationship, e.g., a sham marriage in an IR-1 case, cannot be deemed material if the petition remains valid. Upon discovery of a misrepresentation, you must return the petition to the appropriate USCIS office via the National Visa Center. If the petition is revoked, the materiality of the misrepresentation is established. In some cases, the relationship and petition may still be valid, but the individual may misrepresent eligibility for the classification in a different way that is not relevant to the petition's validity. In those cases, you retain the authority to make an INA 212(a)(6)(C)(i) determination.

I know it’s an uphill battle, and the beauty of the US system is that there is due process. Once I get the response from USCIS, I will know what my next move will be. It seems like everyone saw the misrepresentation and decided the case already, but in legality and the interpretation of the law, the current DOS and USCIS will determine our fate. If everyone here does some work and reads the case, as @Boiler did, instead of casting stones, it will be very helpful.

Thank you all.

 About this part: "The Rwandan government has an e-government system that tracks all civil statuses of the population, and this is known to the US Embassy in Rwanda. They can verify documents easily."  Please remember that the Rwandan government is only able to track civil statuses when they are aware of it.  It might be easy for events happening in Rwanda, but you also need to prove that she did not go to France, to Canada, or to Mongolia, to get married, and that she did not marry another American by proxy...  Proving a negative is VERY difficult.  Best of chance to you and your family.  

[Lemonslice 4,583]

On 1/9/2024 at 4:18 PM, dwheels76 said:

Unfortunately this  is so flippin common in Nigeria that I deal with the embassy expects it. It is not impossible to get over this hurdle. Just wish you knew what you knew now. First a Writ of Mandamus was a waste because you are telling them to make a decision now. They don;t even have your evidence.
Have you even got your NOIR or NOID letter from them. Yes it's unusual to get case sent back for misrep most get a chance at embassy to rectify the situation.
This is what your wife needs to do. She needs to go to her high court (get a lawyer to do it) and get a swore affidavit stating she has never been married before. She needs to coup to the lie. The agent can put whatever they want she raised her hand t interview and said all was true and yes they do ask are you married so she can;t say she didn't know that was there it was her responsibility to check and make sure all was true.
Get the affidavit and wait out your letter from USCIS.

After reading the thread again, I am confused by your proposed solution.  She already swore twice that she was married, how will swearing once more at the different entity make the US Consulate trust that this is now the truth?  Maybe there is something different with those courts, could you please explain it to me?  How often has it solved the problem for similar denials in Nigeria?  

 

[Boiler 43,692]

Lagos is well know for issuing RFE, the cases I have seen dealt with by USCIS seem more likely to require a waiver. This Consulate I do not know, the NOID could say how they view it at USCIS anyway.

[nastra30 2,041]

I have a feeling the NOIR is NOT going to be about misrepresentation so the waiver path won't come into play. But rather it's going to be the authenticity of the marriage of petitioner to beneficiary since beneficiary is already 'married'. However, I'm just speculating; will wait for op to chime in about the NOIR.