K-1 Visa denied under section 212(a)

[tony and tuk 0]

My fiance was denied her K-1 visa under section 212(a) misrepresentation. Form I-601 does not really apply to my situation. She lives in Thailand and when she went to her first interview on 6/30/08 she got real nervous and failed to mention what she did when she worked in a bar for 3 months in 2004. They called her back on 7/11/08 and asked her the same questions and then denied her the visa. Does anyone know what would be the best thing for us to do at this point.

I was told that filing for a K-3 visa would be the way to go and then file the I-601 later, but was also told that this might not be the way to do it.

Are there any other suggestions I have not seen my fiance for 1 year and I am having a real hard time accepting the fact that I might not be able to see her ever again.

[payxibka 10,045]

My fiance was denied her K-1 visa under section 212(a) misrepresentation. Form I-601 does not really apply to my situation. She lives in Thailand and when she went to her first interview on 6/30/08 she got real nervous and failed to mention what she did when she worked in a bar for 3 months in 2004. They called her back on 7/11/08 and asked her the same questions and then denied her the visa. Does anyone know what would be the best thing for us to do at this point.

I was told that filing for a K-3 visa would be the way to go and then file the I-601 later, but was also told that this might not be the way to do it.

Are there any other suggestions I have not seen my fiance for 1 year and I am having a real hard time accepting the fact that I might not be able to see her ever again.

In order for another visa type to work, the cause of the original denial needs be cured... I do not know how to cure misrepresentation.

You can see her if you go there....

[emt103c 10]

Misrepresentation DOES take the I-601 to overcome, however, it is supposed to be used when the Misrepresentation is of a "Material Fact" for getting the visa. I fail to see how "working in a bar" could be seen as a Misrepresentation of a "material fact" unless she did a job that was illegal. . .if I were you I would do a couple of things:

1. Consult an attorney so that they can figure out exactly what the paperwork is saying and why this was considered a material fact for the case. One of the best for 601's can be found at visacentral.net

2. Head over to immigrate2us.net and check out the information they have there on I-601 waivers. . .it is a highly involved process, but many have managed it without an attorney.

3. If you are required to file an I-601, just file it on the visa type you already have. . .the 601 can take months to process and you don't want to have to wait for a new petition to go through USCIS before you can even file it.

Do your research. . .this can be won.

[tony and tuk 0]

Misrepresentation DOES take the I-601 to overcome, however, it is supposed to be used when the Misrepresentation is of a "Material Fact" for getting the visa. I fail to see how "working in a bar" could be seen as a Misrepresentation of a "material fact" unless she did a job that was illegal. . .if I were you I would do a couple of things:

1. Consult an attorney so that they can figure out exactly what the paperwork is saying and why this was considered a material fact for the case. One of the best for 601's can be found at visacentral.net

2. Head over to immigrate2us.net and check out the information they have there on I-601 waivers. . .it is a highly involved process, but many have managed it without an attorney.

3. If you are required to file an I-601, just file it on the visa type you already have. . .the 601 can take months to process and you don't want to have to wait for a new petition to go through USCIS before you can even file it.

Do your research. . .this can be won.

**removed -- see admin for details** She is so ashamed of this that she has a hard time talking to anyone about this.

I have talked to attorneys about this and they seem to think that if we get married I would be able to prove extreme hardship better to the Consulate

[TBoneTX 45,304]

[whoops -- ignore -- saw OP's reponse]

Edited July 17, 2008 by TBoneTX

[emt103c 10]

Please PM one of the moderators, to edit that out for you. Posting on the internet is forever.

As I said before, an attorney is a good idea. If they said she was eligible to file an I-601, then quickly get as much information as possbile together, possibly with the help of an attorney, and file the 601. Do not try a different visa type if you are happy with marrying her after she arrives in the U.S.. . . a new visa will only waste your time and money.

ANY ATTORNEY who advises you to get married before filing the waiver doesn't know what he is talking about. Fiances are equally eligible to have a 601 filed on their behalf. . .there are many on this site and others who have been approved.

Do check out visacentral.net it is a cheap and honest consultation from a well-known and experienced attorney.

Edited July 17, 2008 by emt103c

[tony and tuk 0]

Please PM one of the moderators, to edit that out for you. Posting on the internet is forever.

As I said before, an attorney is a good idea. If they said she was eligible to file an I-601, then quickly get as much information as possbile together, possibly with the help of an attorney, and file the 601. Do not try a different visa type if you are happy with marrying her after she arrives in the U.S.. . . a new visa will only waste your time and money.

ANY ATTORNEY who advises you to get married before filing the waiver doesn't know what he is talking about. Fiances are equally eligible to have a 601 filed on their behalf. . .there are many on this site and others who have been approved.

Do check out visacentral.net it is a cheap and honest consultation from a well-known and experienced attorney.

I will check them out. I hope this goes as planned

[Brad and Vika 129]

The term for what is in the system is "hit". She probably has a "hard hit", if she fessed up to selling herself while speaking to the consular officer. Have you tried contacting the Vice Consul at the embassy directly? I have known VCs to remove hits if you can convince them that there was a mistake (maybe because of nervousness). If you contact and can convince the VC that you were fully aware of her history and are ok with it - it may help. Misrepresentation or a simple mistake is something different than a moral turpitude judgement though. And experienced VCs can be remarkably hard to convince in these cases. The fear of course is that she will prostitute herself here (with or without your consent). Good luck!!

[tony and tuk 0]

The term for what is in the system is "hit". She probably has a "hard hit", if she fessed up to selling herself while speaking to the consular officer. Have you tried contacting the Vice Consul at the embassy directly? I have known VCs to remove hits if you can convince them that there was a mistake (maybe because of nervousness). If you contact and can convince the VC that you were fully aware of her history and are ok with it - it may help. Misrepresentation or a simple mistake is something different than a moral turpitude judgement though. And experienced VCs can be remarkably hard to convince in these cases. The fear of course is that she will prostitute herself here (with or without your consent). Good luck!!

Thanks I will try contacting the VC.

The term for what is in the system is "hit". She probably has a "hard hit", if she fessed up to selling herself while speaking to the consular officer. Have you tried contacting the Vice Consul at the embassy directly? I have known VCs to remove hits if you can convince them that there was a mistake (maybe because of nervousness). If you contact and can convince the VC that you were fully aware of her history and are ok with it - it may help. Misrepresentation or a simple mistake is something different than a moral turpitude judgement though. And experienced VCs can be remarkably hard to convince in these cases. The fear of course is that she will prostitute herself here (with or without your consent). Good luck!!

Sorry but do you know the best way to contact the VC. I have had no luck when trying to talk to someone in the Embassy

[scroll 0]

emt - oh my....the pinkster here

[Brad and Vika 129]

The term for what is in the system is "hit". She probably has a "hard hit", if she fessed up to selling herself while speaking to the consular officer. Have you tried contacting the Vice Consul at the embassy directly? I have known VCs to remove hits if you can convince them that there was a mistake (maybe because of nervousness). If you contact and can convince the VC that you were fully aware of her history and are ok with it - it may help. Misrepresentation or a simple mistake is something different than a moral turpitude judgement though. And experienced VCs can be remarkably hard to convince in these cases. The fear of course is that she will prostitute herself here (with or without your consent). Good luck!!

Thanks I will try contacting the VC.

The term for what is in the system is "hit". She probably has a "hard hit", if she fessed up to selling herself while speaking to the consular officer. Have you tried contacting the Vice Consul at the embassy directly? I have known VCs to remove hits if you can convince them that there was a mistake (maybe because of nervousness). If you contact and can convince the VC that you were fully aware of her history and are ok with it - it may help. Misrepresentation or a simple mistake is something different than a moral turpitude judgement though. And experienced VCs can be remarkably hard to convince in these cases. The fear of course is that she will prostitute herself here (with or without your consent). Good luck!!

Sorry but do you know the best way to contact the VC. I have had no luck when trying to talk to someone in the Embassy

You might email them. This is the best I could come up with:

Immigrant and fiancée visas: (+66) 02205 5004

By email:

For general inquiries, please email visasbkk@state.gov

In Eastern Europe the embassies often have functional sections with directories online. I always met political/economic/consular officers just by asking for them, but I was in-country at the time. US citizen servuces has a separate number in Bangkok, and you could probably get a name out of them too.

[tony and tuk 0]

Please PM one of the moderators, to edit that out for you. Posting on the internet is forever.

As I said before, an attorney is a good idea. If they said she was eligible to file an I-601, then quickly get as much information as possbile together, possibly with the help of an attorney, and file the 601. Do not try a different visa type if you are happy with marrying her after she arrives in the U.S.. . . a new visa will only waste your time and money.

ANY ATTORNEY who advises you to get married before filing the waiver doesn't know what he is talking about. Fiances are equally eligible to have a 601 filed on their behalf. . .there are many on this site and others who have been approved.

Do check out visacentral.net it is a cheap and honest consultation from a well-known and experienced attorney.

I ckecked out the attorney you mentioned(Laurel Scott) and she is giving me a little hope.

The only bad thing is I need to hire her and she is very expensive. I hope this is the way to go. It has made me feel better, though.

Thanks so much for the information.

[TBoneTX 45,304]

You might also try Tindall & Foster, at: http://www.tindallfoster.com

Very large immigration firm. Not sure of retainer prices, but ANYONE has to be cheaper (and. in my opinion under the First Amendment of the U.S. Bill of Rights, with attitudes easier to deal with) than the attorney whom you've already contacted.

[emt103c 10]

There is another attorney too who does free consults, Heather Poole at humanrightsattorney.com. . .she comes highly recommended as well.