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satcat

Getting a Visa for a Fiancee with INA 212(A)(6)(C)(i) History

By satcat in K-1 Fiance(e) Visa Process & Procedures

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satcat Newbie

satcat   0

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Hi everyone, I have a question about 212(a)(6)©(i) denials. A few months after meeting this woman in Vietnam, I find out that in 2005 her uncle (her mom's younger brother, a us citizen) tried to bring her to America with the 129f. I think it was approved at USCIS, but then consulate in Vietnam denied her visa stating sham marriage and misrepresentation of facts. I understand that in vietnam these attempts are quite frequent. I've known this person for 7 months now and I believe she made a bad decision in life, but I don't believe that she is a bad person. I am now considering marrying this person and then

filing for the I-130.

From what I've been reading so far, it seems (to put it bluntly) I should turn and run from this situation. If I understand correctly, once USCIS documents that a person is inadmissible by 212(a)(6)©(i). They are banned for life from ever entering the US. And that there is only one waiver that could help but it requires demonstration of Extreme Hardship, which I don't believe exists.

Please tell me if my fears are correct or is this not a big deal. Are there ways around this hurdle?

Worlds away, but always in my heart.

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
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Posted

your fears are correct, this is a VERY big deal... misrepresentation of fact is the one of the worse charges to be placed against you (in the immigration world)... I think you will have a hard time getting the lifetime ban waived

YMMV

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pushbrk Grand Master

pushbrk   12,761

Posted
Filed: Other Country: China
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your fears are correct, this is a VERY big deal... misrepresentation of fact is the one of the worse charges to be placed against you (in the immigration world)... I think you will have a hard time getting the lifetime ban waived

Concur. Would you like to live in Vietnam?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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bryonm4 Collaborator

bryonm4   0

Posted
Filed: Country: Vietnam
 Timeline
Posted
Hi everyone, I have a question about 212(a)(6)©(i) denials. A few months after meeting this woman in Vietnam, I find out that in 2005 her uncle (her mom's younger brother, a us citizen) tried to bring her to America with the 129f. I think it was approved at USCIS, but then consulate in Vietnam denied her visa stating sham marriage and misrepresentation of facts. I understand that in vietnam these attempts are quite frequent. I've known this person for 7 months now and I believe she made a bad decision in life, but I don't believe that she is a bad person. I am now considering marrying this person and then

filing for the I-130.

From what I've been reading so far, it seems (to put it bluntly) I should turn and run from this situation. If I understand correctly, once USCIS documents that a person is inadmissible by 212(a)(6)©(i). They are banned for life from ever entering the US. And that there is only one waiver that could help but it requires demonstration of Extreme Hardship, which I don't believe exists.

Please tell me if my fears are correct or is this not a big deal. Are there ways around this hurdle?

Generally its denied with a 221 g then if its not rebutted it turns into a 212. My fiancee got the 221 g and if we don't rebut it that will turn into a 212 but from what I understand if I rebutt it and it expires then it does not become a 212 I can then refile. The hardship waver would be very hard to get but people have done it before.

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2008-03-25

I-129F NOA1 : 2008-04-05

I-129F NOA2 : 2008-08-04

Interview Date : 2008-11-06

Interview Result : Denied 2008-12-05

Round 2

IR-1 / CR-1 Visa

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage : 2009-04-13

I-130 Sent : 2009-04-28

I-130 NOA1 : 2009-04-29

I-130 Approved : 2009-09-09

Packet 3 Received : 2009-10-05

Packet 4 Received : 2009-11-13

Interview Date : 2009-12-23

Interview Result : Approved

Visa Received : 2010-01-07

POE minneapolis 02-19-10

By my side happy everafter 02-19-10

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TBoneTX Grand Master

TBoneTX   44,920

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

To the original poster: The advice in posts #2 and #3 of this thread comes from respondents who accurately read your question.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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satcat Newbie

satcat   0

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted
your fears are correct, this is a VERY big deal... misrepresentation of fact is the one of the worse charges to be placed against you (in the immigration world)... I think you will have a hard time getting the lifetime ban waived

OMG, that's so heart breaking. thank you for your help.

Worlds away, but always in my heart.

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satcat Newbie

satcat   0

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted
your fears are correct, this is a VERY big deal... misrepresentation of fact is the one of the worse charges to be placed against you (in the immigration world)... I think you will have a hard time getting the lifetime ban waived

Concur. Would you like to live in Vietnam?

I'm going to be thinking long and hard on this question. Thanks for your help

Worlds away, but always in my heart.

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bryonm4 Collaborator

bryonm4   0

Posted
Filed: Country: Vietnam
 Timeline
Posted
To the original poster: The advice in posts #2 and #3 of this thread comes from respondents who accurately read your question.

I agree

K-1 Visa

Event Date

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

I-129F Sent : 2008-03-25

I-129F NOA1 : 2008-04-05

I-129F NOA2 : 2008-08-04

Interview Date : 2008-11-06

Interview Result : Denied 2008-12-05

Round 2

IR-1 / CR-1 Visa

Service Center : California Service Center

Consulate : Ho Chi Minh City, Vietnam

Marriage : 2009-04-13

I-130 Sent : 2009-04-28

I-130 NOA1 : 2009-04-29

I-130 Approved : 2009-09-09

Packet 3 Received : 2009-10-05

Packet 4 Received : 2009-11-13

Interview Date : 2009-12-23

Interview Result : Approved

Visa Received : 2010-01-07

POE minneapolis 02-19-10

By my side happy everafter 02-19-10

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