I need help

[god-is-good 0]

My K-1 visa was denied about two weeks ago because of a 212 (a) (6) © (i) misrepresentation I was refused entry into the U.S. back in 1995 (I was 17 ) because of a fraudlant visa, I was asked if I wanted to go before a judge or return to my country- so I chose to return to my country.

I met a wonderful man on match we fell in love with each other we emailed and phoned each other then he came to my country - then he filed an I-129 F and it was approved the uscis sent me the package and I filled it out with the help of a consultant, I couldn't remember the exact date that I was refused entry so I put the date that was as close to my memory as possible.

I got everything they asked for police record, medical etc, my interview was set for the 15th of Jan. 2010 my fiance came to my country for the interview -everything was going great until my 1995 isse came back to haunt me, the conslur asked me when did the misrepresentation happen and I told her back in september 1995 wich puts me at 17 years old ( I couldn't remember the exact date ) she told me that I had to get proof that it happened on that date I had to provide a passport or an airline ticket because the information that they had in their system shows my misrepresentation happened on Jan 12 th 1996 so she gave me a form with the 212 (g)

I searched high and low for my proof then finally I found my old passport but the date in it was stamped 12th Dec. 1995 my heart sank. So I went back to the embassy on the 17th of Jan. 2010 I waited for four hours and then we were called back in for another interview then she informed me that she was denying my visa because I was 18 years old and that I was an adult and that I misrepresented myself my fiance and I were so devastated we cried for two days.

Is there anything that I could do should my fiance ( U.S. citizen ) come to my country and marry me and file for the I-130 or should I fight the case and try to get the sonslur to review my case?

Any information would help thank you in Advance.

[canadian_wife 1,808]

Getting married won't wipe away the misrepresentation. Where you given a ban? What did the paperwork say that you were given at your interview? Did they say this was waiverable?

Either way, a misrepresentation charge is difficult to get past, it's lawyer time. Laurel Scott is great and is an expert at inadmissability. She offers a free chat on Wednesays. Check out scottimmigration.net

Good luck, sorry about your situation.

[Bernie C 24]

I dont know much about this topic but I just wanted to say that I am very sorry and hope that things can be worked out for the two of you. We all make mistakes when we are young and what was done is done. After so many years I would hope that some way this can be put behind you so you can be together with that someone special in your life.

Good Luck and Best Wishes!

[TracyTN 237]

Getting married won't wipe away the misrepresentation. Where you given a ban? What did the paperwork say that you were given at your interview? Did they say this was waiverable?

Either way, a misrepresentation charge is difficult to get past, it's lawyer time. Laurel Scott is great and is an expert at inadmissability. She offers a free chat on Wednesays. Check out scottimmigration.net

Good luck, sorry about your situation.

I agree - marrying does not help you overcome the misrepresentation. Normally a misrep does trigger some kind of a ban, but it depends what they said or what they gave you.

I think a chat with Laurel is not a bad idea, but she'll also likely ask you if you were given a ban or the possibility to file a waiver - so be sure to look at whatever documents they gave you and see if you can figure that out.

Out of curiosity, how the heck did you manage to get (or why did you get) a fraudulent visa?

[john_and_marlene 162]

http://www.immilaw.com/Newsletters/2007%20...d%20Waivers.htm

The U.S. immigration system is based on the information provided by the immigrants themselves, and it cannot work unless the government is able to collect truthful information. To protect the integrity of the system, the government has imposed severe penalties on those who lie in their applications for visas, admission into the U.S., or any other immigration benefit.

Basically, anyone who has made a misrepresentation to the immigration authorities is excluded permanently from the U.S. To create a permanent bar the misrepresentation must have been "material." "Material" means that it would tend to make a difference in granting the immigration benefit sought by the person telling the lie.

....

There is no waiver for a person who is excludable because of a misrepresentation and who wishes to immigrate (i.e., get a green card), unless that person is the spouse or child of a U.S. citizen (USC) or lawful permanent resident (LPR). In that case, the person seeking the waiver must demonstrate that denial of the green card would result in "extreme hardship" to his USC or LPR spouse or parent. "Extreme hardship" is very difficult to prove.

[god-is-good 0]

Getting married won't wipe away the misrepresentation. Where you given a ban? What did the paperwork say that you were given at your interview? Did they say this was waiverable?

Either way, a misrepresentation charge is difficult to get past, it's lawyer time. Laurel Scott is great and is an expert at inadmissability. She offers a free chat on Wednesays. Check out scottimmigration.net

Good luck, sorry about your situation.

Thank you so much Canadian _wife , yes it is a ban but it can be waived that is what that (i) means thsnks for the advice.

[god-is-good 0]

I agree - marrying does not help you overcome the misrepresentation. Normally a misrep does trigger some kind of a ban, but it depends what they said or what they gave you.

I think a chat with Laurel is not a bad idea, but she'll also likely ask you if you were given a ban or the possibility to file a waiver - so be sure to look at whatever documents they gave you and see if you can figure that out.

Out of curiosity, how the heck did you manage to get (or why did you get) a fraudulent visa?

At that time I didn't know what it was and how it would impact my life 15 years later- I just thought that I was getting an opportunity to go to America so I took it - that answers the why ? now for the how ? well I'm not sure exactly how it was obtained because I didn't have to do anything I just gave a guy my passport and it was given back to me with the visa. I'm guessing at the time there were a lot of crooked people in the embassy back in 1995.

[Jamaican JNR 2]

Thank you so much Canadian _wife , yes it is a ban but it can be waived that is what that (i) means thsnks for the advice.

Let me ask you a question? when is your date of birth? Based on the information you provided, date fraud was logged on Dec 12, 1995; but the US state dept log Jan 12, 1996. The main reason that they indicated for denying you is age factor.... Were you 17 or 18 on any of the dates???? Age in my opinion would not prevent you from getting the K1 visa. I would get an attorney.

[god-is-good 0]

Let me ask you a question? when is your date of birth? Based on the information you provided, date fraud was logged on Dec 12, 1995; but the US state dept log Jan 12, 1996. The main reason that they indicated for denying you is age factor.... Were you 17 or 18 on any of the dates???? Age in my opinion would not prevent you from getting the K1 visa. I would get an attorney.

Well when the whole prosses started I was 17 I got my new passport on the 25 of July 1995 and I turned 18 on the 11th of november my d.o.b. is 11/11/77 and when I was turned back in MIA. it was the 12th of December 1995 but when I filled out the form I couldn't remember the exact date so I guessed the date and I think that is where my misrepresentation comes in to play... If I had known the importance of that date I would've left that line blank because it really makes me look like a liar (but I'm not) I did say yes on the form when they asked if I've ever been refused entry but I just messed up on the date :-(

[god-is-good 0]

http://www.immilaw.com/Newsletters/2007%20...d%20Waivers.htm

The U.S. immigration system is based on the information provided by the immigrants themselves, and it cannot work unless the government is able to collect truthful information. To protect the integrity of the system, the government has imposed severe penalties on those who lie in their applications for visas, admission into the U.S., or any other immigration benefit.

Basically, anyone who has made a misrepresentation to the immigration authorities is excluded permanently from the U.S. To create a permanent bar the misrepresentation must have been "material." "Material" means that it would tend to make a difference in granting the immigration benefit sought by the person telling the lie.

....

There is no waiver for a person who is excludable because of a misrepresentation and who wishes to immigrate (i.e., get a green card), unless that person is the spouse or child of a U.S. citizen (USC) or lawful permanent resident (LPR). In that case, the person seeking the waiver must demonstrate that denial of the green card would result in "extreme hardship" to his USC or LPR spouse or parent. "Extreme hardship" is very difficult to prove.

Should I just give up and tell this wonderful man to forget about me and just move on with his life ? I think that he is taking it harder than I am it just breakes my heart to see him cry ( I am not really a cryer) but I did on that day and every day after that.

[god-is-good 0]

I dont know much about this topic but I just wanted to say that I am very sorry and hope that things can be worked out for the two of you. We all make mistakes when we are young and what was done is done. After so many years I would hope that some way this can be put behind you so you can be together with that someone special in your life.

Good Luck and Best Wishes!

Thank you so much :-)

[Gary and Alla 3,694]

Should I just give up and tell this wonderful man to forget about me and just move on with his life ? I think that he is taking it harder than I am it just breakes my heart to see him cry ( I am not really a cryer) but I did on that day and every day after that.

Depends. you two need to decide. Proving extreme hardship. is as pointed out very difficult. ESPECIALLY since he has knowledge of the ban before the marriage. I do not know how you go about applying for a waiver for a self inflicted hardship. Frst you need to be his SPOUSE to even be eligible to apply for a waiver, that means getting married, which means you ARE married whether you get a waiver or not. Is he not enough in love to move to your country, or this needs to be a USA romance or nothing?

You did something in the past that got you a lifetime ban. Sucks, but them's the rules and you were 18 when you did it. Now 18 year olds are all in favor of being able to decide things for themselves (and they should) and all in favor of the privileges granted at that age...but that sword cuts both ways

The US cannot keep you two apart and he is free to marry you and live where he chooses, they CAN deny you entry into the US. The decision is NOT to tell this "wonderful man" to forget about it, the decision is whether he will marry you and live in your country

[god-is-good 0]

Depends. you two need to decide. Proving extreme hardship. is as pointed out very difficult. ESPECIALLY since he has knowledge of the ban before the marriage. I do not know how you go about applying for a waiver for a self inflicted hardship. Frst you need to be his SPOUSE to even be eligible to apply for a waiver, that means getting married, which means you ARE married whether you get a waiver or not. Is he not enough in love to move to your country, or this needs to be a USA romance or nothing?

You did something in the past that got you a lifetime ban. Sucks, but them's the rules and you were 18 when you did it. Now 18 year olds are all in favor of being able to decide things for themselves (and they should) and all in favor of the privileges granted at that age...but that sword cuts both ways

The US cannot keep you two apart and he is free to marry you and live where he chooses, they CAN deny you entry into the US. The decision is NOT to tell this "wonderful man" to forget about it, the decision is whether he will marry you and live in your country

He is willing to marry me and try to fight this case but I can't ask him to move to my country because his parents are in their 70's I wouldn't be able to live with myself (god forbid) if anything were to happen to them and he wasn't around to help and he has a really good job in th U.S. and the crime rate in my country is very high I feel so helpless and so stupid for what I did.

Now I have the man of my dreams and we can't be together.

[VanessaTony 3,567]

Well when the whole prosses started I was 17 I got my new passport on the 25 of July 1995 and I turned 18 on the 11th of november my d.o.b. is 11/11/77 and when I was turned back in MIA. it was the 12th of December 1995 but when I filled out the form I couldn't remember the exact date so I guessed the date and I think that is where my misrepresentation comes in to play... If I had known the importance of that date I would've left that line blank because it really makes me look like a liar (but I'm not) I did say yes on the form when they asked if I've ever been refused entry but I just messed up on the date :-(

No, the misrepresentation is the fake visa, that is a lifetime ban. The date thing is kinda of understandable that you can't remember exactly so I doubt that's the issue, that's why she asked for the paperwork.

I understand the elderly parent issue but I wouldn't give up just yet. Speak to a lawyer and see if anything can be done about it. *fingers crossed* you can find a way.

[god-is-good 0]

No, the misrepresentation is the fake visa, that is a lifetime ban. The date thing is kinda of understandable that you can't remember exactly so I doubt that's the issue, that's why she asked for the paperwork.

I understand the elderly parent issue but I wouldn't give up just yet. Speak to a lawyer and see if anything can be done about it. *fingers crossed* you can find a way.

Thanks a million