denial 212 a6c1

[Boiler 45,519]

Half of the beneficaries on this site had children outside of a marriage.

That many, I never knew.

Begs the question where the Mother fits into all this.

[LIFE'SJOURNEY 970]

That many, I never knew.

Begs the question where the Mother fits into all this.

Based on what have been post half is being mild. What difference does it makes where the child mother is.

[Boiler 45,519]

Based on what have been post half is being mild. What difference does it makes where the child mother is.

Seems she wants to bring the child too.

[himher 634]

Maybe it's the OP's sister? LOL

Based on what have been post half is being mild. What difference does it makes where the child mother is.

[Boiler 45,519]

Based on what have been post half is being mild. What difference does it makes where the child mother is.

Seems she wants to bring the child too.

[LIFE'SJOURNEY 970]

Seems she wants to bring the child too.

The OP stated that they were not applying for the child at this time.

Maybe it's the OP's sister? LOL

If this was your visa being denied you wouldn't be LOL.

When did someone elses mis-fortune becomes a laughing matter for you'll on VJ. This site has now become invaluable to those who wish to seek valuable information.

Edited February 4, 2012 by LIFE'SJOURNEY

[Boiler 45,519]

Maybe it's the OP's sister? LOL

More likely a close relative.

[TBoneTX 45,299]

The OP was part of a Stokes interview, which means that suspicion existed before the visa interview or that suspicion was raised during it. The interviewees failed the Stokes. The best-case (really, least-bad) scenario is that a very, very sharp family-immigration attorney will have to be ingenious and persuasive.

OP, no one here can really give you any more that what you've gotten. Start interviewing very, very sharp family-immigration attorneys, and visit immigrate2us.net for any further advice.

[Ban Hammer 13,342]

one post removed for stereotyping and one quoting post removed.

member thread banned as this isn't the first time said poster has done this.

[TedM 9]

sorry guys i haven't written in a while because im tired of getting criticized. i have been reading everyone's comments and about how the denial may be because of my husband and not me, and i spoke to him and he told me that the only thing he can think of is how he has not legally declared his son yet on his sons birth certificate. the reason is that in the Dominican republic you are allowed to apply for birth certificates later on. his sons mother applied for the birth certificate when his son was about one and at the time she was not getting along with my husband and didnt want my husband or me to be part of the babys life so she did not let allow my husband to claim him. only until a couple of weeks ago did she give my husband permission to claim his son. and since we have been so busy getting ready for the interview and lack of money he has not gotten around to it.

now let me clear this up, we are not trying to bring his son here at this moment, we simply mentioned his sons name on the i 130 and on the 230 ds.

this is how the interview went

c0- "do you guys have kids"

my husband-"yes"

me-"no he has a son we dont have kids together"

then my husband was sent to get fingerprints and a couple hours later we get called back to a different person

co-"do you guys have kids"

me-"no"

my husband-"i have a son"

c0-"how old"

my husband -"three"

co-"can i see proof of marriage any bank statements"

i went to get receipts of money i send him ,co cuts me off says let me see pics

we only had small amount of pics

co- "this is it, this is all the pics you have..leave me alone with you husband please"

when he calls me in he asks me the following questions

when did you guys first meet? 2001

where? my cousin was married to his sister,i was on vacation staying in his cousins house

so you go a lot to yours cousins house? well every time i went on vacation which was almost every summer since i was 12

ok.when was your first kiss? 2003, the next time we saw each other

first time were intimate?2008

when in 2008? the summer June 2008

if you guys have been supposedly together since 2001 why does he have a three year old son? he had a baby, with someone else.

whats the babys name? i said his name

the babys mothers name? i said her name

last time you guys had sex? Saturday

last time you were here in the d.r? three months ago October

then he starts typing in on the computer, i see his facial gestures look surprise i see him look through our documents looking for something then he called us ytogether and told us visa was denied.

i asked him why?

he says not enough evidence. i tell him that i have more proof here he refuses to look at proof, and we leave.

So I'm confused again. Were you simply denied, or was a ©(1) ruling applied? If just denied, you can appeal or re-apply with more thorough documentation upfront. A ©(1) is a serious fraud charge and another matter entirely. I thought your original post was about a ©(1) but now it seems like you're saying it was just a denial. The CO's response that you were denied for lack of evidence is a standard denial; where does the fraud claim come into it?

While you paint the CO as a jerk (and he may have been), something tells me there was something intrinsically wrong about the application even before the interview. CO's can certainly be jerks, but usually is grounded in some base suspicion.

Also, why was there a Stokes interview for a visa interview? The USC spouse isn't even required to be there for a visa interview at the embassy. It seems odd to me YOU were being questioned at the visa interview. You would have been better off not going, if that's the case.

[Boiler 45,519]

They only need one reason to deny, when you have multiple issues you should address all of them or you will just get denied for the next one.

[TBoneTX 45,299]

Also, why was there a Stokes interview for a visa interview? The USC spouse isn't even required to be there for a visa interview at the embassy. It seems odd to me YOU were being questioned at the visa interview. You would have been better off not going, if that's the case.

The Dominican Republic is one place where the petitioner is expected to attend. Failure to be there almost guarantees denial. At least this embassy lets it be known up front that the petitioner is supposed to be there, unlike Ecuador.

[k1_221g 0]

I am new to this forum. my story is quite complicated but please bare with me. i am only twenty three years old, but i have been in love with mu husband since i was 12. we met in 2001. since our relationship has been long distance it has always been on and off. and considering the fact that we were both kids, we never took it seriously.

In 2006 we broke up,and i had just turned 18,i did something extremely stupid, i was so heartbroken, i rebelled and i married his brother who has always has a crush on me. it was a pointless marriage the next day we both regretted it, and never told anyone about it. my husband didnt even know. i tried to get divorce but it was too expensive, so i finally got divorced about two summers later, and the person who had married and divorced us, told us that the marriage wasnt in the marriage books, that it was as if it never existed.

my husband and i became serious around this time and in November 2010 we finally got married. i went back to the person who had married his brother and i and he again repeated to me to not mention my previous marriage that no one would believe it was harmless and it would cause me trouble. and that it was as if it never existed. when i got back to the u.s a couple months later i filed the i 130 petition and the lady who helped me file my papers i told her the story and she recommended also for me to mention my previous marriage.

Our interview was January 23'rd and unfortunately we were denied on this mishap, we were given a white slip, and denied under 212 a 6 c 1

saying we showed false material/not enough evidence. i am extremely heartbroken, and have not stopped crying since. please dont judge me i made a stupid mistake but my marrige is genuine and i need help. we didn't have much pictures which i noticed the officer who interviewed me didnt appreciate, but after that he refused to look at other evidence such as all the times i have gone to our country to be with him, and all the western union receipts, i have been sending my husband money weekly since 2009, since i got my first job. what do i do? i got bad legal advice, has anyone been through this situation what happens to our case. a lawyer told me to collect as much evidence as possible and i am going to start getting a list of all the calls we make to each other throughout the day, and also more photos with his family.

the officer at the consulate never asked me if i had been previous married, because i had the divorce certificate with me just in case, and he asked us a few questions which i know we answered correctly too. he refused to looks at my evidence. he was vey unfair. my husband and i need to be together and my last options is move to the Dominican republic, but my future is here. this is like a nightmare. please no judging or mean comments.

awwwsorry..

[Sandra G. 5,048]

The non-disclosure of a prior marriage is considered "misrepresentation".There are four elements of immigration fraud set by US Supreme Court

(1) the person misrepresented or concealed some fact;

(2) the person did so willfully;

(3) the fact was material;

(4) the misrepresentation resulted in the person obtaining a visa, documentation, or entry into the United States.

You attested to being unmarried in various immigration documents and this is considered "willfully misrepresenting a material fact" (your previous marital status). A alien who is found excludable for seeking to procure entry by fraud or willful misrepresentation of material fact is FOREVER barred from admission to United States, UNLESS obtain a WAIVER, but in your case you won't be able to submitt the waiver because it's not just about MISREPRESENTATION, it's about bigamy as well, and there is no waiver for bigamy.I am sorry to say that, but you will be held deportable.

[pushbrk 12,888]

The non-disclosure of a prior marriage is considered "misrepresentation".There are four elements of immigration fraud set by US Supreme Court

(1) the person misrepresented or concealed some fact;

(2) the person did so willfully;

(3) the fact was material;

(4) the misrepresentation resulted in the person obtaining a visa, documentation, or entry into the United States.

You attested to being unmarried in various immigration documents and this is considered "willfully misrepresenting a material fact" (your previous marital status). A alien who is found excludable for seeking to procure entry by fraud or willful misrepresentation of material fact is FOREVER barred from admission to United States, UNLESS obtain a WAIVER, but in your case you won't be able to submitt the waiver because it's not just about MISREPRESENTATION, it's about bigamy as well, and there is no waiver for bigamy.I am sorry to say that, but you will be held deportable.

Lots of good information there but none of it applies. That's because the misrepresentation was by the USC, not the foreigner. Note that since no visa was obtained, (4) above doesn't apply. Your research skills appear to far exceed your reading comprehension.