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

[Crazy Cat 39,380]

Just now, nastra30 said:

A misrepresentation charge will actually help op because then there could be a possibility of a waiver. But the issue of prior marriage termination will have to be resolved.  

 

Agree.  As @boiler said, a Mea Culpa might be the only solution since it is impossible to prove a negative.

[Boiler 43,593]

That is the goal, they need to accept she lied, then you can make progress.

[Elon 17]

My wife has openly acknowledged that her representative provided false information during her interview. Specifically, she admitted that the agent who handled her application misrepresented her marital status. That Upon discovering this misrepresentation, the agent allegedly informed her that the information could not be corrected, and she was advised to proceed with the inaccurate details.

As non-immigrant visa applications at the US embassy typically do not require proof of marital status, my wife initially perceived the situation as inconsequential. Unfortunately, she used the same DS-160 form when reapplying. I recognize the gravity of the situation and am actively devising a strategy.

In line with @Boiler suggestion, my plan involves having my wife admit to the misrepresentation in a sworn affidavit. I aim to support this admission with evidence, including any communication records with the agent who encouraged the misrepresentation (she mentioned that this occurred on WhatsApp). I am exploring options to recover messages from iCloud.

Additionally, I am in the process of gathering affidavits from her neighbors, community leaders, and various government officials who are familiar with her. I plan to include employment contracts from that period, along with documents from the Rwandan government confirming her single status at the time.

Once I establish the admission of the misrepresentation, I will assess the necessary steps moving forward. I appreciate the guidance from everyone, and I will keep you updated on the progress.

[Boiler 43,593]

FYI she could have updated the DS 160 at the interview, they normally ask you if anything has changed so not sure I would push that.

[Elon 17]

1 minute ago, Boiler said:

FYI she could have updated the DS 160 at the interview, they normally ask you if anything has changed so not sure I would push that.

Yeah I know, I just want them to charge the misrepresentation At least that’s the plan.

[Elon 17]

8 minutes ago, Elon said:

Yeah I know, I just want them to charge the misrepresentation At least that’s the plan.

You know she lied and she admitted.I am fully aware that she is responsible. What I am trying to establish here, is that she misrepresented herself in the past, acting on what the Agent advised. If they revoke based on misrepresentation charge instead of a POLYGAMOUS MARRIAGE then  I will have a chance  to apply for her waiver. But now I have to establish that she was single and she has never been married and she lied about it.

Edited January 12 by Elon

[nastra30 2,003]

Hmm. The NOIR indicates that wife actually admitted to being married and that the husband was going to pay her school tuition. 

[Elon 17]

Just now, nastra30 said:

Hmm. The NOIR indicates that wife actually admitted to being married and that the husband was going to pay her school tuition. 

 That’s on her past non immigrant visas that she misrepresented herself. But when asked during CR1 visa, she admitted that her previous visa application had misrepresentations in it. The misrepresentation is indisputable, she lied whether she acted on herself or on Agent’s advice. Not sure if you understand the whole case by now

[nastra30 2,003]

4 minutes ago, Elon said:

 That’s on her past non immigrant visas that she misrepresented herself. But when asked during CR1 visa, she admitted that her previous visa application had misrepresentations in it. The misrepresentation is indisputable, she lied whether she acted on herself or on Agent’s advice. Not sure if you understand the whole case by now

I understand perfectly. What I'm saying is the govt doesn't see it as misrepresentation at this point. And I doubt they will accept it as misrep. But I hope you overcome.

Edited January 12 by nastra30

[Elon 17]

1 minute ago, nastra30 said:

I understand perfectly. What I'm saying is the govt doesn't see it as misrepresentation at this point. And I doubt they will accept it as misrep.

 

Right, that’s what I am trying to get to. By proving that she was not married and she lied about being married( hard to prove) not impossible. And i expect them to charge the misrepresentation, and we go from there.I am reaching out to the minister of local government in Rwanda  to pull all the records regarding my wife’s status. Reaching out to the Rwandan identity Agency to establish that name my wife stated as being her spouse isn’t in their database( she told me it’s a made up name). I found the certificate of her being single in 2021 before our marriage by government of Rwanda and I will use that as well. Looking to find tons of affidavits from their neighbors( she was living with her month back then). Contracts, insurance details and everything I can find to establish that she was single and she was never been married.

 

[Crazy Cat 39,380]

3 minutes ago, Elon said:

I will use that as well. Looking to find tons of affidavits from their neighbors( she was living with her month back then). Contracts, insurance details and everything I can find to establish that she was single and she was never been married.

The only thing you can prove is that she wasn't married in that district. 

[nastra30 2,003]

21 minutes ago, Elon said:

I found the certificate of her being single in 2021 before our marriage by government of Rwanda and I will use that as well.

USCIS can also perceive it like her previous 'marriage' ended prior to 2021 so they need to see the terminaction document. But your drive to have them accept it as a misrep is laudable. I'm rooting for you 

[Elon 17]

4 minutes ago, nastra30 said:

USCIS can also perceive it like her previous 'marriage' ended prior to 2021 so they need to see the terminaction document. But your drive to have them accept it as a misrep is laudable. I'm rooting for you 

Thank you 

[Elon 17]

Information about how to obtain civil documents in Rwanda.

 

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Rwanda.html

[SalishSea 16,825]

On 1/10/2024 at 9:03 PM, Lemonslice said:

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?  

 

This is the problem.   Despite our explanations, OP hasn’t figured out that the issue isn’t the applicant’s marital status history;  it’s the lies used in an attempt to get a visa, which now require a divorce decree for a marriage that never existed.