section 221g

[Pathans_bibi 0]

Let me start with my husband had an interview on December 29th 2011. At which time he was given the foreign service of the united states america refusal worksheet with section 221(g) mark on it. I recently just returned from a 2 month visit with my husband in pakistan. I the petitioner have never been notified of any of this until this point and still have not been officially notified. I visited the american embassy in mid February , and was told that my case was being sent back to the NVC. The day following my visit to the u s embassy in islamabad my husband received a letter containing the new foreign service of the united states of america refusal worksheet. This refusal worksheet dated 27 Feb 2012 has section 212 (A)(6)©(I): for willful, material misrepresentation and that's the case is being sent back to CIS recommendation for revocation. Here it is April 26th and let it be noted I the petitioner still have not been notified. The only reason I know what is going on with my case is because I called them weekly. As of April 23rd the NVC returned my case to the CIS center which approved it. So here's my situation how long can it possibly take to go from New Hampshire to California? What happens once it makes it to California? What do we do now and how long is it going to take for myself and my husband to be together. The immigration service really should let people know how hard and long this process is going to be for them. After all isn't it are right as Americans to be able to have our spouse with us? After all that is our pursuit of happiness...

[jaycali 415]

Ouch.. I'm really sorry but denial for willfull material misrepresentation is a far bigger problem than just more time apart. They're basically saying he lied to them and that is very serious.

What was the misrepresentation?

Edited April 27, 2012 by jaejayC

[sulhaq 60]

This is beyond VJ. You need to contact a very good immigration attorney immediately. Willful material misrepresentation means they think you/your husband lied to USCIS which, if I'm not mistaken, couble possibly incur a permanent bar from ever immigrating to the US.

[bestluck 71]

Pathans_bibi ,

I am so sorry for your case I am aslo Pathans ... 4 months since I am in Ap.... Now Embassy send a guy in my nighbors asking about my marriage and things ... they dont care if u have hard time on processs but just fellow them or you need immigration attorney immediately or trying to send an email to Congressman and a Senator I wish good luck and May allah help everyone Amen

[EAbbas 213]

Agree with the other posters .......Definitely get a very very good attorney ASAP the material mis representation is very serious

What questions was he asked during his interview and do you know if he has ever applied for a visa before? Try to get him to tell you everything in detail since you won't be told exactly what it is maybe together you both can figure it out

Also you can get a congressman involved to find out the details but he cant change anything the best thing to do is get an attorney right away you will need one anyway

Good luck

Edited April 27, 2012 by EAbbas

[Pathans_bibi 0]

They have not told me anything about it. The letter they sent my husband is all we have to go on. I wouldn't have even known about that if I was not in Pakistan to go with him to receive it. They just called on phone and said to go pick up package not even say it was from the embassy.

[Pathans_bibi 0]

They have not told me anything about it. The letter they sent my husband is all we have to go on. I wouldn't have even known about that if I was not in Pakistan to go with him to receive it. They just called on phone and said to go pick up package not even say it was from the embassy.

By the way does anyone know how much time they have to enter the US once the visa is received?

[Pathans_bibi 0]

This is beyond VJ. You need to contact a very good immigration attorney immediately. Willful material misrepresentation means they think you/your husband lied to USCIS which, if I'm not mistaken, couble possibly incur a permanent bar from ever immigrating to the US.

The hard part is we did not lie about anything to them or anyone else. In fact he was approved by CIS before the interview, it was at interview they give him a hard time because I am older than him and been married before.

[EAbbas 213]

What questions was he asked during his interview?

How did he answer them?

if you dont know the answers to this ask him find out what happened in detail!

[together4evr 360]

Your age is not a misrepresentation charge

Misrepresentation charge means he lied about something.

What questions was he asked during the interview

What questions did he get wrong

What area of questioning did they focus on? Like, a divorce, a previous visa attempt

I wish you the best of luck

It can take a year to finally get the NOIR after the interview. Some people get lucky and wait 6 months

[talean nawaz 41]

If you give us the full details, we may be able to help you more, like what questions were asked at interview? The age difference is not an issue of misrepresentation. Did your husband tell you that they may have asked a question he was confused about?

All cases are different, but age difference, while a red flag in some cases, is not a reason for denial.

Islamabad is very tricky embassy, their practices on a case by case basis seem inconsistent. There is no telling or understanding what they are thinking or doing in your case.

I am one of the fortunate ones. From initial filing of the i-130 to my husband's arrival in the US was 7 months...which is very fast. I do not see anything different in my case to those that have been waiting for months on end. I felt I had major red flags ( older than him, previous marriage to a pakistani who i also applied for and was successful, small wedding, etc), but also had strong evidence (a huge amount of internet contact during dating before marriage, a good amount of sworn affidavits from family members, friends and neighbors, many months spent in Pakistan, etc)

I would try to find out what exactly they say was misrepresented. I do not know if you will get anywhere with this... but certainly worth a shot IMO. Maybe try contact USCIS.

[talean nawaz 41]

The hard part is we did not lie about anything to them or anyone else. In fact he was approved by CIS before the interview, it was at interview they give him a hard time because I am older than him and been married before.

Everyone is approved at USCIS before interview. You cannot even start applying for a visa without approval from USCIS first, that is what the i-130 is for, this must be approved for everyone before an interview, or even a visa application takes place.

[talean nawaz 41]

By the way does anyone know how much time they have to enter the US once the visa is received?

6 months