denial 212 a6c1

[karin_brenig 18]

ok, let's make some sense of this convoluted mess:

in 2001 a 12 year old girl (from the US) meets a boy (and his brother) in the Dom.Rep.

Question #1: what was the girl doing in the Dom.Rep.? Visiting family? Vacationing? Student exchange program?

in 2006 the girl turns 18, gets married to the brother (to hurt her lover-boy after a break-up)

Question #2: where did that ceremony take place? In the USA? In the Dom.Rep.? Over the phone?

around 2008 the girl finally scrapes up enough money to get her divorce finalized.

Question #3: where was that divorce processed? In the USA? In the Dom.Rep.? Or over the internet?

late in 2010 the girl marries her childhood lover-boy

Question #4: where did they get married? Dom.Rep.? USA ?

in 2011 the wife files I-130 for her (second) husband to move him from the Dom.Rep. to the USA.

I remember that form I-130 very well (my husband filled one out for me in 2005) and there is a section on there where you have to list every single marriage prior the current one. They want to know to whom you (both the US-citizen and the immigrant spouse) were married before, when those marriages ended, and you need to bring proof of each and every prior marriage's legal ending (divorce, annulment, death of the spouse).

I remember this part so well, because my husband had been married twice before, and I had been married once before, and it wasn't easy to get all three divorce certificates together for our interview.

now the wife's petition for her husband was denied because of misrepresentation of facts.

It doesn't matter why she lied on the I-130 form, just the fact that she did is enough reason to deny the petition.

I don't know if a really good lawyer can help here - the facts are actually pretty clear:

the instructions for I-130 explain really explicitly what you need to fill out, and it also tells you very clearly what happens if you lie about anything on the form.

No matter who told you to lie ("don't mention your previous marriage") you sign that paper swearing, that everything in there is the truth.

I suggest you simply move to the Dom.Rep. and live happily ever after with your husband there.

[pushbrk 12,888]

ok, let's make some sense of this convoluted mess:

in 2001 a 12 year old girl (from the US) meets a boy (and his brother) in the Dom.Rep.

Question #1: what was the girl doing in the Dom.Rep.? Visiting family? Vacationing? Student exchange program?

in 2006 the girl turns 18, gets married to the brother (to hurt her lover-boy after a break-up)

Question #2: where did that ceremony take place? In the USA? In the Dom.Rep.? Over the phone?

around 2008 the girl finally scrapes up enough money to get her divorce finalized.

Question #3: where was that divorce processed? In the USA? In the Dom.Rep.? Or over the internet?

late in 2010 the girl marries her childhood lover-boy

Question #4: where did they get married? Dom.Rep.? USA ?

in 2011 the wife files I-130 for her (second) husband to move him from the Dom.Rep. to the USA.

I remember that form I-130 very well (my husband filled one out for me in 2005) and there is a section on there where you have to list every single marriage prior the current one. They want to know to whom you (both the US-citizen and the immigrant spouse) were married before, when those marriages ended, and you need to bring proof of each and every prior marriage's legal ending (divorce, annulment, death of the spouse).

I remember this part so well, because my husband had been married twice before, and I had been married once before, and it wasn't easy to get all three divorce certificates together for our interview.

now the wife's petition for her husband was denied because of misrepresentation of facts.

It doesn't matter why she lied on the I-130 form, just the fact that she did is enough reason to deny the petition.

I don't know if a really good lawyer can help here - the facts are actually pretty clear:

the instructions for I-130 explain really explicitly what you need to fill out, and it also tells you very clearly what happens if you lie about anything on the form.

No matter who told you to lie ("don't mention your previous marriage") you sign that paper swearing, that everything in there is the truth.

I suggest you simply move to the Dom.Rep. and live happily ever after with your husband there.

Good synopsis but the petition was not denied. The petition was approved. The visa was denied. Also, you got those divorce decrees ready before you filed the petition, long before the visa interview.

Clearly, the submission of false information is sufficient grounds to deny the visa. At this point, the services of a qualified attorney are needed, to have any chance of overcoming that denial.

[himher 634]

The point is - (again, based on the court ruling) - failure to disclose is NOT the same as a LIE (false statement).

Since you have obviously never read the form (since you did not fill it out who are you to comment on what is on the form but if you do comment on the form read exactly what is says then make your point) it does not ask directly "were you ever married?" If it does, according to the court ruling, then if you say "no" to a direct question that you should have said yes to you have filed a false statement. It does not. It asks status and "single" status is not a lie. It says "attach proof of termination of previous marriages". Failure to do so is not a lie either.

What she did falls exactly under the part of the ruling which was "failure to disclose non-material information for the reason of embarressment or fear is insufficient grounds for denial of immigration benefits".

I think she has a case. Its going to take $$$$ and an attorney will have to re-file and follow it for her but if she re-files with everything spelled out there has been no trigger/reason for a ban to be imposed.

ok, let's make some sense of this convoluted mess:

in 2001 a 12 year old girl (from the US) meets a boy (and his brother) in the Dom.Rep.

Question #1: what was the girl doing in the Dom.Rep.? Visiting family? Vacationing? Student exchange program?

in 2006 the girl turns 18, gets married to the brother (to hurt her lover-boy after a break-up)

Question #2: where did that ceremony take place? In the USA? In the Dom.Rep.? Over the phone?

around 2008 the girl finally scrapes up enough money to get her divorce finalized.

Question #3: where was that divorce processed? In the USA? In the Dom.Rep.? Or over the internet?

late in 2010 the girl marries her childhood lover-boy

Question #4: where did they get married? Dom.Rep.? USA ?

in 2011 the wife files I-130 for her (second) husband to move him from the Dom.Rep. to the USA.

I remember that form I-130 very well (my husband filled one out for me in 2005) and there is a section on there where you have to list every single marriage prior the current one. They want to know to whom you (both the US-citizen and the immigrant spouse) were married before, when those marriages ended, and you need to bring proof of each and every prior marriage's legal ending (divorce, annulment, death of the spouse).

I remember this part so well, because my husband had been married twice before, and I had been married once before, and it wasn't easy to get all three divorce certificates together for our interview.

now the wife's petition for her husband was denied because of misrepresentation of facts.

It doesn't matter why she lied on the I-130 form, just the fact that she did is enough reason to deny the petition.

I don't know if a really good lawyer can help here - the facts are actually pretty clear:

the instructions for I-130 explain really explicitly what you need to fill out, and it also tells you very clearly what happens if you lie about anything on the form.

No matter who told you to lie ("don't mention your previous marriage") you sign that paper swearing, that everything in there is the truth.

I suggest you simply move to the Dom.Rep. and live happily ever after with your husband there.

[together4evr 360]

I am curious about this

march 2011-i sent in i 130, lady who filled my papers says not to mention previous marrige since i never petioned for him it wouldnt be nessesary

This LADY???? Did she sign your I-130 as the person who filled out the form?

If she did then you might have a scapegoat to help you.

Good Luck

Edited February 3, 2012 by togetherforever13

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Waivers (I-601 and I-212) and Administrative Processes (221g) as it appears the OP's spouse will require a waiver before being issued a visa to the US.

[belinda63 3,038]

Actually question 11 asked for names of prior husbands/wives. Doesn't matter at this point, except that we don't know that this is the reason the petition was denied. Hire an attorney, a real one, and let them sort through this mess.

[himher 634]

Actually the court ruled that if a question is asked, and you choose not to answer it, and the answer if you would have answered it does not matter to the outcome of the case, then the deliberate choice to not answer the question (aka nondisclosure) is not grounds for denial of the requested immigration benefit.

The court also ruled that if the form directly asked "have you ever been married" and you answer "no" then you have filed a false statement and are subject to prosecution.

The OP's case falls under the former.

OP needs an attorney - nothing else to say here.

Actually question 11 asked for names of prior husbands/wives. Doesn't matter at this point, except that we don't know that this is the reason the petition was denied. Hire an attorney, a real one, and let them sort through this mess.

Edited February 3, 2012 by himher

[Boiler 45,519]

If she had just not answered the question she would have got an RFE.

[Deputy Purple 1,294]

So here is the section under which the denial was issued (INA 212 a 6 c 1):

Sec. 212. [8 U.S.C. 1182]

[a] Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

[6] Illegal entrants and immigration violators.-

[C] Misrepresentation.-

In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

Everyone here is talking about what the USC failed to disclose (her prior marriage) in the petition BUT there is nothing in the above quoted section relevant to anything from the US Citizen!

The denial was because they believe the ALIEN committed fraud or misrepresentation.

I can understand how the CO would find it difficult to believe that he had no idea the love of his life and current wife was married to his brother for 3 years.

The denial is most likely because they think he knew about the marriage and conspired to lie about it.

Edited February 3, 2012 by Bob 4 Anna

[Noah Lot 391]

So here is the section under which the denial was issued (INA 212 a 6 c 1):

Everyone here is talking about what the USC failed to disclose (her prior marriage) in the petition BUT there is nothing in the above quoted section relevant to anything from the US Citizen!

The denial was because they believe the ALIEN committed fraud or misrepresentation.

I can understand how the CO would find it difficult to believe that he had no idea the love of his life and current wife was married to his brother for 3 years.

The denial is most likely because they think he knew about the marriage and conspired to lie about it.

There are some missing elements in this story....because a USC cannot be found ineligible for a US visa because they don't need one! Therefore, the alien in question must have committed some sort of fraud concerning his papers/story or something. The USC's prior marriages and failure to disclose properly would not bestow a 6C1 finding upon the beneficiary -- the beneficiary (alien spouse) would have to have had committed fraud in some manner...and we have not heard what papers or stories he told during the interview...but it must have been a doozey in order to have been denied for misrep....

Edited February 3, 2012 by Noah Lot

[Deputy Purple 1,294]

The USC's prior marriages and failure to disclose properly would not bestow a 6C1 finding upon the beneficiary -- the beneficiary (alien spouse) would have to have had committed fraud in some manner...and we have not heard what papers or stories he told during the interview...but it must have been a doozey in order to have been denied for misrep....

The focus thus far in this thread has been on what the USC submitted with her Petition.

212 a6c1 isn't limited to Material Misrepresentation as written, fraud is a much lower standard and if the CO believes that the Alien knew about the prior marriage and knowing lied about it at the interview then that would be fraud while not rising to the level of Material Misrepresentation.

I'll agree that the CO could have other reasons for the denial but if we assume that the only thing wrong with the interview is that the husband didn't know about the prior marriage when asked about it by the CO then I can see how that could get him denied for Fraud (not Material Misrepresentation).

Is the Entry Ban or Waiver requirement lesser for Fraud versus Material Misrepresentation?

[Noah Lot 391]

The focus thus far in this thread has been on what the USC submitted with her Petition.

212 a6c1 isn't limited to Material Misrepresentation as written, fraud is a much lower standard and if the CO believes that the Alien knew about the prior marriage and knowing lied about it at the interview then that would be fraud while not rising to the level of Material Misrepresentation.

I'll agree that the CO could have other reasons for the denial but if we assume that the only thing wrong with the interview is that the husband didn't know about the prior marriage when asked about it by the CO then I can see how that could get him denied for Fraud (not Material Misrepresentation).

Is the Entry Ban or Waiver requirement lesser for Fraud versus Material Misrepresentation?

Fraud = material misrep....it can either take the form of documents or testimony (interview) and the information must have a direct effect upon the alien's bona fides....for example, lying about being ineligible under another section of the INA or using fake docs to disguise that fact would (likely) be enough for a 6C finding...but either lying about the USC'c prior marriage(s) or something about her (unless bigamy is a possibility, but that would just nullify the marriage) should rise to that level....sounds like the alien spouse did something that even the OP might not be aware of...

[Deputy Purple 1,294]

Fraud = material misrep....it can either take the form of documents or testimony (interview) and the information must have a direct effect upon the alien's bona fides....for example, lying about being ineligible under another section of the INA or using fake docs to disguise that fact would (likely) be enough for a 6C finding...but either lying about the USC'c prior marriage(s) or something about her (unless bigamy is a possibility, but that would just nullify the marriage) should rise to that level....sounds like the alien spouse did something that even the OP might not be aware of...

Then why is it worded "by fraud or willfully misrepresenting a material fact ", that isn't my rewording of it but the code as it's written in INA...

It seems that the way it's worded someone could be denied for simply presenting any fraudulent information which would make sense.

FWIW, I'm not trying to dispute that there could be something else happening here.

Edited February 3, 2012 by Bob 4 Anna

[Noah Lot 391]

Then why is it worded "by fraud or willfully misrepresenting a material fact ", that isn't my rewording of it but the code as it's written in INA...

It seems that the way it's worded someone could be denied for simply presenting any fraudulent information which would make sense.

FWIW, I'm not trying to dispute that there could be something else happening here.

And it's the 'materiality' that is the issue..the false information (in whatever form) must directly impact the alien's ability to legitimately get a visa. For example, if the info presented fooled the VO initially, but they discovered the fraud, say, the next day, the applicant is toast. And even if the phony documents were crafted poorly, all that matters (usually) is if the VO believes that had those documents been bona fide,a visa would have been issued, that is just about the standard for a 6C finding. It does not (normally) require the same standard as might be the case in a court of law in this country....it will be interesting to hear any follow up...still some missing parts to this story.

But if the alien said he graduated college when in fact he did not, that fact, true or false, would not have any effect on obtaining a family based immigrant visa (it would and could effect getting an employment-based IV)..so it sounds like the alien spouse did something, wrote something, presented something that really rang the bell....

[TedM 9]

And it's the 'materiality' that is the issue..the false information (in whatever form) must directly impact the alien's ability to legitimately get a visa. For example, if the info presented fooled the VO initially, but they discovered the fraud, say, the next day, the applicant is toast. And even if the phony documents were crafted poorly, all that matters (usually) is if the VO believes that had those documents been bona fide,a visa would have been issued, that is just about the standard for a 6C finding. It does not (normally) require the same standard as might be the case in a court of law in this country....it will be interesting to hear any follow up...still some missing parts to this story.

But if the alien said he graduated college when in fact he did not, that fact, true or false, would not have any effect on obtaining a family based immigrant visa (it would and could effect getting an employment-based IV)..so it sounds like the alien spouse did something, wrote something, presented something that really rang the bell....

In this situation there could be some suspicion that the brothers were part of some fraud together, ie they were each trying to get into the U.S. This is assuming facts not presented here. It also assumes the beneficiary withheld information about it and was caught somehow.

But I agree, for the 6c to be applied, it should mean there was a problem with the alien beneficiary. Or, I would hope the USCIS or State Department wouldn't penalize a beneficiary because the USC petitioner lied/withheld some information. I can't imagine the severe penalty of a possible life-time ban because your USC spouse did something (or forgot something).