How long is a CR-1 good for post inadmissibility finding?

[calibob 73]

We were doing so good till this.........in 2003 my spouse "beefed up" her tourist visa info by putting an employer with more status than her employer at the time to make her application look better to the Embassy. A "visa expediting" company she was dealing with recommended she do this. She was denied at the interview and she left the building thinking nothing big, just denied. Fast forward to 2009, we meet, marry in late 2010, and she gets denied in our June CR1 interview on misrepresentation and we have to file a 601 waiver to lift it. How long is our present CR1 good for? We're raising funds for a top notch lawyer but they're not cheap as most well know. To top it off, my wife had already quit her job in anticipation of moving here so now I'm saving, and supporting two households so the process is slow on getting funds. Not complaining but filling in background. Is there a time limit? Thanks for your constructive, as always, comments.

Bob

[NigeriaorBust 4,087]

Material misrepresentation follows you forever, you need a waiver to overcome it. Elasped time of pristine behavior is a positive point for the waiver but the waiver is not something that most take on their own. Wander over to immigrate2us.net and you will find many people who are writting waivers for much more serious things ( not that lying to immigration is a small thing )

[sachinky 464]

You will need a strong waiver and an excellent attorney in order to get the charge of material misrepresentation overturned.

[calibob 73]

You will need a strong waiver and an excellent attorney in order to get the charge of material misrepresentation overturned.

We have both, just are wondering how long we have till our original I-130 expires?

Bob

[Robby999 1,024]

We have both, just are wondering how long we have till our original I-130 expires?

Bob

The bottom of the page on my wife's first notice from NVC had a notice that said if they receive no communication concerning the petition after 1 year, the fees and everything else expires!

[sachinky 464]

The I-130 form itself -- as far as I know -- doesn't expire since it validates the relationship b/w USC petitioner and his/her immediate relative. I could be wrong, of course--hopefully someone else will come along and give you the information you need.

Edited July 11, 2011 by sachinky

[Darnell 8,478]

an approved I-130 doesn't expire.

[Sergi9 110]

We were doing so good till this.........in 2003 my spouse "beefed up" her tourist visa info by putting an employer with more status than her employer at the time to make her application look better to the Embassy. A "visa expediting" company she was dealing with recommended she do this. She was denied at the interview and she left the building thinking nothing big, just denied. Fast forward to 2009, we meet, marry in late 2010, and she gets denied in our June CR1 interview on misrepresentation and we have to file a 601 waiver to lift it. How long is our present CR1 good for? We're raising funds for a top notch lawyer but they're not cheap as most well know. To top it off, my wife had already quit her job in anticipation of moving here so now I'm saving, and supporting two households so the process is slow on getting funds. Not complaining but filling in background. Is there a time limit? Thanks for your constructive, as always, comments.

Bob

The I130 doesn't expire they should have given her a document telling her she is eligible for the waiver. As for the "top notch lawyer" the fees range from approximately 4k to 10k for the I601 packet. As mentioned I2us.net has lots of advice and information as well as the research links here. Tons of folks seem to be doing it without an attorney however it makes sense to try to find someone with experience with the USCIS office that adjudicates waivers for your wifes country at minimum to assess your hardship arguments.

Keep in mind you do 90% of the work collecting the evidence and the attorney does organization of the packet and a legal brief. Misrepresentation is a bit "tricker" than the simple waivers for unlawful presence that get approved fairly quickly with minimum hardship. Unfortunately you will have to work hard to overcome this and the assumption that your spouse has already lied once so they will probably do more investigation verifying the

evidence and arguments presented since she has submitted manufactured evidence in the past.

If it takes longer than a year you need to let the Embassy know you are still engaged in the process and that will keep them from sending the I130 back to USCIS.

[calibob 73]

an approved I-130 doesn't expire.

Thanks...what I was looking for...!

The I130 doesn't expire they should have given her a document telling her she is eligible for the waiver. As for the "top notch lawyer" the fees range from approximately 4k to 10k for the I601 packet. As mentioned I2us.net has lots of advice and information as well as the research links here. Tons of folks seem to be doing it without an attorney however it makes sense to try to find someone with experience with the USCIS office that adjudicates waivers for your wifes country at minimum to assess your hardship arguments.

Keep in mind you do 90% of the work collecting the evidence and the attorney does organization of the packet and a legal brief. Misrepresentation is a bit "tricker" than the simple waivers for unlawful presence that get approved fairly quickly with minimum hardship. Unfortunately you will have to work hard to overcome this and the assumption that your spouse has already lied once so they will probably do more investigation verifying the

evidence and arguments presented since she has submitted manufactured evidence in the past.

If it takes longer than a year you need to let the Embassy know you are still engaged in the process and that will keep them from sending the I130 back to USCIS.

More than I was looking for and VERY much appreciated. Our lawyer is in $4k range and has successfully appealed in Manila before so that's a bonus. She's ILIA member and known on the West Coast. They already "interrogated" my wife at the CR1 interview about the matter and took a sworn affidavit from her. Ethical, who knows but what my wife did wasn't exactly on the aboveboard either. She was in the Embassy for 10 or so hours and now they're sitting on the "letter" explaining our options and charges due her last week. I know a week isn't a lifetime but sometimes it surely feels like it.

Bob

Edited July 11, 2011 by calibob

[Sergi9 110]

Thanks...what I was looking for...!

More than I was looking for and VERY much appreciated. Our lawyer is in $4k range and has successfully appealed in Manila before so that's a bonus. She's ILIA member and known on the West Coast. They already "interrogated" my wife at the CR1 interview about the matter and took a sworn affidavit from her. Ethical, who knows but what my wife did wasn't exactly on the aboveboard either. She was in the Embassy for 10 or so hours and now they're sitting on the "letter" explaining our options and charges due her last week. I know a week isn't a lifetime but sometimes it surely feels like it.

Bob

She should be writing everything down that they asked her to the best of her ability and memory while its still fresh and also trying to write down everything that was in the sworn affadavit, I doubt you will get a copy of it so your lawyer will need the best reconstruction she can come up with.

Cover every base going in so that the packet is "denial proof" going in then no worries about appeal.

[Harsh_77 716]

If the Embassy has confirmed material mis-representation you have larger thing to worry about.

Misrepresentation can carry a lifetime ban in worse can situation and CO just came to conclusion your spouse is only using you as a channel to get into US.

[Deputy Purple 1,294]

Material Misrepresentation at the Manila Embassy? OUCH!!!

This is a prime example of why nobody should use a fixer in the Philippines.

Since it's pretty easy of a US Expat to work and support themselves in the Philippines especially when they're married to a Filipino I wouldn't want to have to overcome the level of hardship needed for this one.

I wish I had some better advice to give but all I've got is to contact Laurel Scott or Marc Ellis (I think Marc Ellis is better versed in Asian countries and Laurel Scott with Mexico) and see if they might be able to help you.

Regarding your current attorney, this isn't a matter of Appealing the CO's decision. The CO wasn't even allowed to make a decision due to the prior Material Misrepresentation. Ask the lawyer if they have been successful overcoming a Material Misrepresentation Entry Ban with a Hardship Waiver. It's a very specific question.

Edited July 11, 2011 by Bob 4 Anna

[calibob 73]

Material Misrepresentation at the Manila Embassy? OUCH!!!

This is a prime example of why nobody should use a fixer in the Philippines.

Since it's pretty easy of a US Expat to work and support themselves in the Philippines especially when they're married to a Filipino I wouldn't want to have to overcome the level of hardship needed for this one.

I wish I had some better advice to give but all I've got is to contact Laurel Scott or Marc Ellis (I think Marc Ellis is better versed in Asian countries and Laurel Scott with Mexico) and see if they might be able to help you.

Regarding your current attorney, this isn't a matter of Appealing the CO's decision. The CO wasn't even allowed to make a decision due to the prior Material Misrepresentation. Ask the lawyer if they have been successful overcoming a Material Misrepresentation Entry Ban with a Hardship Waiver. It's a very specific question.

I misspoke on the appeal, I meant misrepresentation ban/601 waiver processing was where she was successful. So what you're telling me is we may have to do 2 individual 601's if the CO doesn't think everything is legit??? One for the material misrepresentation and the second for the IR1?

[Sergi9 110]

I misspoke on the appeal, I meant misrepresentation ban/601 waiver processing was where she was successful. So what you're telling me is we may have to do 2 individual 601's if the CO doesn't think everything is legit??? One for the material misrepresentation and the second for the IR1?

No only one I601 will be needed but if they come up with another Misrep charge on the most recent interview I would pack my bags and move to Manila because its going to be a seriously uphil battle

[calibob 73]

Not to worry on the second one, she's legit on it, that's not my worry now, just that the CO will throw up an obstacle for good measure. She tried the tourist visa in 2003 and thought it over with the denial. I met her on line in 2009 and we hit it off, I've visited 3 times since and all is legit. We're battening down the hatches for the 601 now so to speak. She's basically a good kid, just took some bad advice and used bad judgement and is paying the price now for it.

Bob

Edited July 11, 2011 by calibob