timetimeago

http://www.khurgel.com/section-204c-fraud-finding-deemed-improper-by-federal-district-court/

The above 204c marriage fraud finding is a separate issue in addition to the 212a6c which is misrepresentation.

There are two not one. One waiverable (212a6c) and the other to be overcome with a NOID/NOIR, all by the current petitioner.

Neither finding warrants the petition to remain at the embassy. Two entirely different things happening with this petition.

If there are more than one finding then it of course can require more than one way to approach it so I don't understand why you

are confused by it.

A competent waiver attorney is needed to guide the petitioner through both, the NOID/NOIR and the waiver.

It is double trouble and will cost a small fortune to try to resolve. It is not a DIY project.

Thanks for reply.My friend told me there is development later for the case.after he provide some documents to consulate after denial,consulate issue a email to him just containing the 601 waiver request without mentioning return case to uscis.Then he asked the consulate for the status of the case file by email,and was told the case will not transfer back to uscis and will be kept at the consulate at this moment .Could this be consider as the consulate withdraw the 204c charge and just require the 601 approval to let the case getting through?

so,anyone has ideas why CO issued two denial papers in this way?why not just issued one paper of returnning the case to uscis and let my friend to go for rebutting the NOIR?

The denial was for marriage fraud...

so you need to file 601 waiver to contest the "marriage fraud" decision.

You can only file a waiver after you have been denied.

CO gave you the right info. I hope other folks here can tell you more about it.

So your next step is to gather evidence to basically, refute the decision made by CO.

in fact,there is no waiver for 204c,there is waiver for 212a6c.so the two papers are self contradicted.

CO should whether return the case to uscis or keep the case at consulate requesting a 601waiver,not at the same time.it is not making sense.

under this condition,even if you get the 601 approval,the case is returned to uscis,or you win the NOIR,still need a 601 waiver approval.

My friend got two denial papers at consulate.

one is request 601 waiver under 212(a)6©,the other is return his case to uscis under 204©.

Dose anyone have a clue why CO issued two self contradicted papers.since there is no waiver under the 204c?(alleged fraud marriage).