212 (a)(6)(c)(1)

[Operator 1,927]

Ok lets start from the beginning.

I got into contact with my wife around June of 2010. I went to India to meet here and said yes for marriage (a very common procedure for arrainge marriage in India). On january 5th my mom came to india and we decided to have a small celebration. The plan was to have a ring ceremony and then civil marriage. then i came to US and I filed for I-130 for CR 1 visa. In may i decided to back to india to be with her for a month. along the way my file was moving smoothly. now comes september when she has her interview.

we have all the proof that we are together and deeply in love (which is true!!!). however they wanted to see the religious ceremony pictures. my wife told them that we had our ring ceremony, the registration, and then marriage inside a temple (which is around 50 miles away from the marriage registration place, but it is common in india to go that far for ur personal temple). she told them photos and videos were not allowed inside temple.

now the officers and translators grilled my wife for 3-4 hours. they told her that if i had applied for K-1 visa then she would have gotten the visa already. they told her to write a letter (in her mother tongue)that she is not married according to hindu ceremony. then they handed her a letter with check mark on section 212(a)(5) saying that petitioner and the beneficiary are not married and section p212(a)(6) saying that for material representation to gain immigration benefits.

my problem is i don't where the file is. is it back to USCIS or still in India?

now what are the options for us?

right now i m planning to contact my senetor and representative to help. i m also planning to send an email to the consulate asking how to get the visa and what is the next step.

i m also planning to let the counsulate know that our wedding did happen in the temple but we don't have any photos. however if they are insist, we are willing to do a full blown religious wedding in january and that i m willing to come to interview with my wife.

please any help will be appreciated

My friend it seems obvious that the VO's had some reason to believe that the marriage was not official but was being represented as such. The beneficiary writing a statement that she is not married contradicting what was previously stated may very well lead to the worst outcome. My suggestion is to engage the services of an experienced immigration attorney quickly.

[Deputy Purple 1,294]

I'd say it's time to Lawyer-up, sounds like they've got her on Material Misrepresentation (in their eyes) which is the worst possible outcome as it can result in a lifetime entry ban.

By your own admission there was never a religious ceremony but your wife lied to the CO by saying there was but no photos exist because they were not permitted inside the temple. She lied about the marriage (in part) which brings her whole file into question.

If you continue the lie then you will only be compounding the problem. You may be able to fight the Material part of the Misrepresentation by proving that you are legally married in accordance with the customs and laws of India.

[kennym 275]

Someone asked me why I didn't get married to my wife in Colombia instead.. This is a great example of why; because you don't know if you're actually married especially if there are customs which you don't know about... The cultural aspects of this stuff is too complicated to base all your immigration on..

I know you've been asked, but I did not see an answer...

Did you get a Marriage Certificate?

Kenny

[the rock 0]

Someone asked me why I didn't get married to my wife in Colombia instead.. This is a great example of why; because you don't know if you're actually married especially if there are customs which you don't know about... The cultural aspects of this stuff is too complicated to base all your immigration on..

I know you've been asked, but I did not see an answer...

Did you get a Marriage Certificate?

Kenny

Yes I have a full legal marriage certificate!

Would it be a good ideat to start the process again?

[Harpa Timsah 13,258]

The OP appears to be Indian, because he said it is a traditional arranged marriage, and that he is of the same caste etc as his wife. He knows full well about all the "cultural" stuff going on there.

If it is a traditional arranged marriage, and they didn't bother to have the traditional religious ceremony, but rather did the bare minimum to get a legal marriage, and furthermore lied about what ceremonies they had actually had, then you can see why the CO would be suspicious.

[kennym 275]

Yes I have a full legal marriage certificate!

Would it be a good ideat to start the process again?

Well, I know very little about India, but it seems the Full Legal Marriage Certificate "trumps" any doubts that the CO's could have about the validity of the Marriage..

I haven't got a clue why they would feel its invalid...

Anyone? Anyone?

[Penguin_ie 5,993]

What did they say about the official marriage cert? Do they think it is faked or something?

Anyways, I agree with previous posters: Laywer time, and fast. There is no point in re-filing at this time, youj need to clear up this case before (possibly) starting another.

[sachinky 465]

What religion do you both belong to?

There's a lot of going on here and you can tell why the COs would be suspicious.

Did you or did you NOT have a religious wedding? Did your wife lie about having a religious wedding when in fact, you did not?

I had a civil wedding (that is, sign papers in front of the marriage registrar with the requisite three witnesses) and then we exchanged garlands and rings and that was that. All in our living room. No pheras around the fire. CR-1 was issued without any problems or questions.

You need an excellent immigration attorney as your wife has basically signed a paper saying she committed material misrepresentation.

[sachinky 465]

Well, I know very little about India, but it seems the Full Legal Marriage Certificate "trumps" any doubts that the CO's could have about the validity of the Marriage..

I haven't got a clue why they would feel its invalid...

Anyone? Anyone?

Because in India, it's easy to get anything you need for the right price. Different religions and communities have different laws (Acts) under which they get married in India and the rules differ from each. Sometimes it's easy to bypass all the requirements (like a waiting period, serving a notice of intent) if you know the right person, who is willing to issue the marriage certificate for the right price. I know when I was getting married, people thought I was crazy for following all the rules to the T, but I did speak to a Indian lawyer who told me to do everything the right way since US immigration was going to be involved in it and that a marriage certificate's validity could be challenged in court if all the requirements had not been met prior to the marriage taking place.

[Casprd 167]

Well, I know very little about India, but it seems the Full Legal Marriage Certificate "trumps" any doubts that the CO's could have about the validity of the Marriage..

I haven't got a clue why they would feel its invalid...

Anyone? Anyone?

There's the rub. In the eyes of the consulate (and probably Indian law/tradition) a marriage certificate is only part of the process. Sachinky and others who have specific knowledge of the cutlural aspects and the Indian consulate are going to be your best source of info for Why she got denied, and an immigration attorney versed in Indian requirements will be your best bet for getting around the issue.

Bottom line is the consulate isn't accepting that the marriage is complete. They are asking for a letter from her saying she isn't married. Did she already give that to them? If not, then consulte the attorney before giving any more documents to the consulate. You could very well back yourself in to a corner you can't get out of. If you are completely 100% married according to the all of the laws that apply to your case then you need to move asap getting the attorney engaged. If you aren't legally 100% married (which it sounds like you aren't) then to put it bluntly, you're screwed, but only an attorney who knows that country and consulate can tell you for sure.

[Anh map 2,098]

The problem is that we never had a religious ceremony. We only had civil ceremony. Our religious ceremony is scheduled for january 2012.

This is the issue to overcome: When asked by the interviewing officer the truth was not told. Then the misrepresentation was confirmed and signed by your wife. Now you want to go back and admit the lie but with an explanation.

As others have stated this is lifetime ban territory. You should consult an immigration attorney with Mumbai experience. Someone that can help you to unravel the stories already told and get a positive result.

[Sam_Kay 0]

I feel so sorry for your case.

Edited September 2, 2011 by Sam_Kay

[jac_chappin 24]

OP - There was doubt in the CO's mind. Actually all four and your wife comfirmed it by signing letter. As many have said, not being honest has backed you in to a corner so it's best to get a lawyer quickly.

Best wishes!

[A and T 82]

Sue them ? Tell them you have no care about religion or caste and none of it matters. Why is a religious marriage even needed? What if you are non religious?

[milimelo 4,477]

Sue them ? Tell them you have no care about religion or caste and none of it matters. Why is a religious marriage even needed? What if you are non religious?

Sue consulate? Riiight, that will get them the visa for sure.