K-1 Interview Failed. What now?

[Nelwyn 0]

I am living in the US and engaged to my fiance in Cambodia and we've been through the whole process already up to the interview which she failed. The reason for failure was stated in the paper she received as Material Misrepresentation. This means she was cited as a liar in the interview according to my lawyer friend (He has been giving me advice on how to proceed but now trying to help me with this. He did none of the paperwork for me). Basically she twisted her story a little because she got nervous I think and they didn't want to hear anymore and told her she failed.

I've emailed the embassy using a letter written by my lawyer friend and they responded that the packet will be sent back to USCIS for revocation and I can ask them any questions about it. I'm just wondering, what is supposed to happen now? Do they just simply refuse the visa and I have no chance to appeal this decision or do I have to go through the whole process again? I have no idea what to do now besides wait for the CIS center in the US to contact me just to tell me I can't do anything about this.

I'd hate to start over again or even try doing a K-3 visa which is more paperwork I hear. But I will do what is necessary to bring my fiance over here. I was thinking to maybe try another consulate, say in Thailand since that is where Cambodian people had to go before this office was opened. I'd like to hear anything if anyone knows how this process works. Thanks.

[pushbrk 13,123]

I am living in the US and engaged to my fiance in Cambodia and we've been through the whole process already up to the interview which she failed. The reason for failure was stated in the paper she received as Material Misrepresentation. This means she was cited as a liar in the interview according to my lawyer friend (He has been giving me advice on how to proceed but now trying to help me with this. He did none of the paperwork for me). Basically she twisted her story a little because she got nervous I think and they didn't want to hear anymore and told her she failed.

I've emailed the embassy using a letter written by my lawyer friend and they responded that the packet will be sent back to USCIS for revocation and I can ask them any questions about it. I'm just wondering, what is supposed to happen now? Do they just simply refuse the visa and I have no chance to appeal this decision or do I have to go through the whole process again? I have no idea what to do now besides wait for the CIS center in the US to contact me just to tell me I can't do anything about this.

I'd hate to start over again or even try doing a K-3 visa which is more paperwork I hear. But I will do what is necessary to bring my fiance over here. I was thinking to maybe try another consulate, say in Thailand since that is where Cambodian people had to go before this office was opened. I'd like to hear anything if anyone knows how this process works. Thanks.

It's a tough call. Normally, in cases where the Consulate indicates they'll send the case back to USCIS, I advise hiring a local lawyer with specific immigration experience with the Consulate. However, I don't recall seeing a material misrepresentation case come accross the board recently.

The more details we have available, the better. What did she represent, specifically? This is no time for sugar coating.

[Nelwyn 0]

It's a tough call. Normally, in cases where the Consulate indicates they'll send the case back to USCIS, I advise hiring a local lawyer with specific immigration experience with the Consulate. However, I don't recall seeing a material misrepresentation case come accross the board recently.

The more details we have available, the better. What did she represent, specifically? This is no time for sugar coating.

She was told to stick to 1 story and ended up using 2 stories. We met through her uncle who lives near me but her uncle wanted to hide that fact so told her not to mention him. We were going to use a story that we met on the internet solely, but when she got asked about relatives in the US, she mentioned him and then she made it worse saying he lives close to me. So of course they aren't going to believe the ridiculous chance that he just happens to live next to me but we did not know each other. So it was really her fault for deviating from the story she said she was going to stick to. I just can't believe this would happen after waiting just over a year for all this to happen since I met her in person.

Everything else went smooth as far as the I-129F getting approved and then we had to wait 3 months for the interview date. I don't think there is any use in going to Cambodia now except to actually marry her for a K-3 because the consulate has already returned our case to the US. There was a checkbox on the blue form she received which had something about a waiver but it was not checked. So I don't know if they will let me do anything about this case or if they will simply close it.

[payxibka 10,047]

It's a tough call. Normally, in cases where the Consulate indicates they'll send the case back to USCIS, I advise hiring a local lawyer with specific immigration experience with the Consulate. However, I don't recall seeing a material misrepresentation case come accross the board recently.

The more details we have available, the better. What did she represent, specifically? This is no time for sugar coating.

She was told to stick to 1 story and ended up using 2 stories. We met through her uncle who lives near me but her uncle wanted to hide that fact so told her not to mention him. We were going to use a story that we met on the internet solely, but when she got asked about relatives in the US, she mentioned him and then she made it worse saying he lives close to me. So of course they aren't going to believe the ridiculous chance that he just happens to live next to me but we did not know each other. So it was really her fault for deviating from the story she said she was going to stick to. I just can't believe this would happen after waiting just over a year for all this to happen since I met her in person.

Everything else went smooth as far as the I-129F getting approved and then we had to wait 3 months for the interview date. I don't think there is any use in going to Cambodia now except to actually marry her for a K-3 because the consulate has already returned our case to the US. There was a checkbox on the blue form she received which had something about a waiver but it was not checked. So I don't know if they will let me do anything about this case or if they will simply close it.

A material misrepresentation is a lifetime ban if I am not mistaken... Filing a second petition for K-1/K-3/IR(1) will not eliminate or circumvent this situation.

Have you thought about living your life in Cambodia?

[pushbrk 13,123]

It's a tough call. Normally, in cases where the Consulate indicates they'll send the case back to USCIS, I advise hiring a local lawyer with specific immigration experience with the Consulate. However, I don't recall seeing a material misrepresentation case come accross the board recently.

The more details we have available, the better. What did she represent, specifically? This is no time for sugar coating.

She was told to stick to 1 story and ended up using 2 stories. We met through her uncle who lives near me but her uncle wanted to hide that fact so told her not to mention him. We were going to use a story that we met on the internet solely, but when she got asked about relatives in the US, she mentioned him and then she made it worse saying he lives close to me. So of course they aren't going to believe the ridiculous chance that he just happens to live next to me but we did not know each other. So it was really her fault for deviating from the story she said she was going to stick to. I just can't believe this would happen after waiting just over a year for all this to happen since I met her in person.

Everything else went smooth as far as the I-129F getting approved and then we had to wait 3 months for the interview date. I don't think there is any use in going to Cambodia now except to actually marry her for a K-3 because the consulate has already returned our case to the US. There was a checkbox on the blue form she received which had something about a waiver but it was not checked. So I don't know if they will let me do anything about this case or if they will simply close it.

Wow! Your first mistake was conspiring to misrepresent how you met by contriving the "story". These things do tend to come back and bite us. This is no small misrepresentation. The only way I see to overcome it is to marry and then have enough visits (with proof you paid the travel expenses with your own funds) to convince them you're marriage is bona fide. You may then need to file a hardship waiver to overcome any consequences of the initial material misrepresentation. In any event, I'd seek the advice of a very talented and experienced immigration attorney in the US. I doubt there's anything that will turn case around and get it reconsidered in Cambodia. You don't have an option to just try another Consulate. It's like "You can't outrun a radio." The misrepresentation is on file.

[rebeccajo 14]

Contact Marc Ellis.

[pushbrk 13,123]

Contact Marc Ellis.

Yes, I would think Marc could tell them whether and/or what chance they have of eventual success and IF possible, how to go about it. This is another example of why we strongly advise people NEVER to lie on an immigration form or to an immigration official.

[andy desai 3]

who is marc ellis??

[payxibka 10,047]

who is marc ellis??

An immigration attorney whose practice appears to be concentrated in consulates in SE Asia region. He posts from time to time under meber name Ellis Island

[pushbrk 13,123]

who is marc ellis??

Google is your friend. Marc Ellis Esq.

[chris4gretchen 1]

Honesty is always the best policy when dealing with an embassy and interview and immigration.

Wow. I hope if you get her an interview at another embassy you instruct her to tell the truth instead of sticking to a "story". Who cares you met thru an uncle. But lying under oath is a major denial for a visa.

good luck, but i think you may have to live there with her.

[Nelwyn 0]

Wow a lot of replies. I think the reason her uncle wanted to be left out of the picture is because they will think that he is paying me to bring her over like a lot of people do and then we go our separate ways. And it still very well could have been denied if we just told them about her uncle because of that reason. It just seems silly they would not even give us another chance and just send everything back to the US.

I will look into this Marc Ellis guy while I wait to hear from CIS. I suppose that is all I can do at this point is wait to hear from them. Living in Cambodia is not an option for me. I may call up the Vermont center and ask them beforehand if anything can be done.

[jmmr 0]

Hello- I replied to you privately earlier... but I still think it was because the story was changed. I actually did meet my fiance through his uncle too. That is what we put on paper for the initial filing because we are not going to lie. I didn't even think about that being a problem. I think I will be ok because that was our original story and it is approved. I don't think it has anything to do with a family member, I think it's the story change. I am very sorry this happened. Please do keep us posted.

[pushbrk 13,123]

Wow a lot of replies. I think the reason her uncle wanted to be left out of the picture is because they will think that he is paying me to bring her over like a lot of people do and then we go our separate ways. And it still very well could have been denied if we just told them about her uncle because of that reason. It just seems silly they would not even give us another chance and just send everything back to the US.

I will look into this Marc Ellis guy while I wait to hear from CIS. I suppose that is all I can do at this point is wait to hear from them. Living in Cambodia is not an option for me. I may call up the Vermont center and ask them beforehand if anything can be done.

The sooner you face the fact you both conspired to lie on immigration papers and to a Consular officer, the sooner you'll be able deal with the realities of your situation. This is a serious matter. You don't get a second chance to change your story. You pay the consequences for the lie. It this case, they are likely to be quite severe.

[diadromous mermaid 36]

So, if I understand your explanation, she was, in actuality, denied for telling the truth! You *did* meet through her uncle, and that is what she said, even though her uncle and you had agreed that she would neglect to mention it. As far as I can see, there shouldn't have been a Material Misrepresentation finding, if that is the case. If she declared that you had met solely through the Internet, and then the CO learned that her uncle lived nearby, then I can support the Misrepresentation claim. Which was it?

It's a tough call. Normally, in cases where the Consulate indicates they'll send the case back to USCIS, I advise hiring a local lawyer with specific immigration experience with the Consulate. However, I don't recall seeing a material misrepresentation case come accross the board recently.

The more details we have available, the better. What did she represent, specifically? This is no time for sugar coating.

She was told to stick to 1 story and ended up using 2 stories. We met through her uncle who lives near me but her uncle wanted to hide that fact so told her not to mention him. We were going to use a story that we met on the internet solely, but when she got asked about relatives in the US, she mentioned him and then she made it worse saying he lives close to me. So of course they aren't going to believe the ridiculous chance that he just happens to live next to me but we did not know each other. So it was really her fault for deviating from the story she said she was going to stick to. I just can't believe this would happen after waiting just over a year for all this to happen since I met her in person.

Everything else went smooth as far as the I-129F getting approved and then we had to wait 3 months for the interview date. I don't think there is any use in going to Cambodia now except to actually marry her for a K-3 because the consulate has already returned our case to the US. There was a checkbox on the blue form she received which had something about a waiver but it was not checked. So I don't know if they will let me do anything about this case or if they will simply close it.