i 130 denied after second interview

[Beauty for Ashes 257]

how shall i start. well we got married in 2008 , filed in dec 2008. i 130 approved in 2009 and sent to casablanca for interview. result is denied visa and case was sent back to the uscis. when we send additional proof, they were not enough for the uscis which affirmed the consular decision to deny the visa. then we took the case to the immigration court

of appeal which affirmed the case and sent it back to the uscis which affirmed it and sent it to morocco.

then my husband had a second interview a couple of days ago . however, they did not give him the visa. the problem is that they did not ask him to bring any evidence at all. i am at shock. i do not know what to do. if anybody has any idea or know what will happen again and how long it will take , i will appreciate it.

How exactly did you become a US citizen? Were you married to an American that you met here while working for EPCOT? Im guessing epcot because of Orlando.

How you got your greencard sometimes as a petitioner matters. How long were you married to the american that petitioned you and how long was your divorce final when you married the man from Morocco?

Edited June 11, 2012 by Beauty for Ashes

[amarcho1 8]

update to my case. my husband went to the consulate today to pick his passport. he was handed paper with an e.mail address and was instructed that i need to file for a waiver and send it to the consulate? a waiver? i have never heard anything like that for i 130.

does anybody know anything about waiver? or heard such a thing? waiver for what.

one more thing, i talked to the lady at the embassy and she told me that my husbands case is not denied and just he can not go the united states right now. he need you to file a waiver.

absurd, i have no clue.

plz help

[msheesha 548]

I would recommend emailing the consulate and have them clarify in writing. If they don't respond, continue to email them with the number of times you are having to email them...example, "This is my 2nd request for clarity and further information regarding my husband's visa...", etc, etc, etc.

If you're unclear what the waiver is for, it'd be hard to file a waiver.

Was your husband here before? Did he have an overstay or a ban?

[Ebunoluwa 6,136]

update to my case. my husband went to the consulate today to pick his passport. he was handed paper with an e.mail address and was instructed that i need to file for a waiver and send it to the consulate? a waiver? i have never heard anything like that for i 130.

does anybody know anything about waiver? or heard such a thing? waiver for what.

one more thing, i talked to the lady at the embassy and she told me that my husbands case is not denied and just he can not go the united states right now. he need you to file a waiver.

absurd, i have no clue.

plz help

You need to have him scan the paper to you and let us know what exactly it says. A paper with an email address does not make sense.

Whose email address ? Was it a 221g paper that is marked with numbers ? Was there a misrepresentation ?

Not enough information to give solid advice.

If you don't get an answer from the CO with calls and email then you must contact a senator to make the inquiry for you to get an answer.

In order to file a waiver you must be told for what reason first.

[Penguin_ie 5,994]

Sounds like your husband was in the USA before, did he overstay?

[amarcho1 8]

my husband scanned the document they gave him at the consulate and e.mail it to me. all it said is

www.uscis.gov/i601. whith the a lock box address in phoenix arizona.

no reason what so ever for the waiver. my husband has never been to the united states. he has no creminal record. my only guess is because he was sick . he had some lung or chess problem. he has been hospitalized and now the doctor said he is healed.

could it be that the first medical exam for the first interview indicated something bad? what should i do now?

i have already e.mailed the consulate and waiting for an answer.

[PalestineMyHeart 1,897]

my husband scanned the document they gave him at the consulate and e.mail it to me. all it said is

www.uscis.gov/i601. whith the a lock box address in phoenix arizona.

no reason what so ever for the waiver. my husband has never been to the united states. he has no creminal record. my only guess is because he was sick . he had some lung or chess problem. he has been hospitalized and now the doctor said he is healed.

could it be that the first medical exam for the first interview indicated something bad? what should i do now?

i have already e.mailed the consulate and waiting for an answer.

Did he have tuberculosis ? Class A TB is considered a "communicable disease of public health significance," and may be considered grounds for inadmissibility. The waiver is routine; yes it's a pain because of the paperwork and the additional wait, but if everything's ok and he checks out with the doc, I would think he should be able to get the waiver.

[amarcho1 8]

its not health problems. finally, i spoke to an immigration officer at the consulate and was told that the waiver is for misrepresentation. i asked him what he meant by that , he would not tell me more.

does anybody has any idea or familiar with this misrepresentation?

thank you

[Staashi 371]

its not health problems. finally, i spoke to an immigration officer at the consulate and was told that the waiver is for misrepresentation. i asked him what he meant by that , he would not tell me more.

does anybody has any idea or familiar with this misrepresentation?

thank you

Apparently, they believe your husband misrepresented himself, I.e. committed fraud to DoS. He might have also misrepresented himself to you, too.

Read up about this here:

http://mshale.com/2008/12/01/immigration-fraud-misrepresentation-and-the-use-of-a-212-i-waiver/

[AmyWrites 593]

I think you'll need a lawyer from here on out.

[msheesha 548]

Agreed about the lawyer. Misrepresentation can lead to a lifetime ban to the US. It sounds like there is already a ban since they are saying you need a waiver (to overcome the ban). So, if it were me and I wanted my husband to be able to come here, rather than go live in Morocco, I'd hire a lawyer. Good luck.

[Nasturtium 500]

Agreed. Lawyer time. Hopefully you can figure out exactly how he may have misrepresented himself (or how they think he did).

[Ebunoluwa 6,136]

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

The I601 is the application for a waiver. A waiver for a misrepresentation is a very difficult and long

process, also very costly if you hire an attorney which is recommended (average $4000 and up). You have to

submit a hardship letter with the waiver and proof why you would suffer extreme hardship without him being

here with you. That is not easy and you will need to lawyer up for guidance.

Laurel Scott specializes in waivers, you can start with a paid phone consultation. You will need to know

what he misrepresented, chances are he knows or was told in the interview.

The misrep can be that he entered incorrect data on a previous application or the current one for example

and it is vital that you know exactly what it is before you can try to rectify anything with a waiver or if

a lawyer may be able to "fix" this without a waiver.

A word of advice, get the best attorney you can find who specializes in waivers, not the cheapest general

immigration attorney who may be clueless. Experience with the adjudicating location/country helps also.

Push hard for the exact reason of the misrepresentation from him and the CO because you deserve and need to know.

God bless.

[msheesha 548]

Also I would not give any money to an attorney unless I knew what the misrepresentation is first.

[Beauty for Ashes 257]

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

The I601 is the application for a waiver. A waiver for a misrepresentation is a very difficult and long

process, also very costly if you hire an attorney which is recommended (average $4000 and up). You have to

submit a hardship letter with the waiver and proof why you would suffer extreme hardship without him being

here with you. That is not easy and you will need to lawyer up for guidance.

Laurel Scott specializes in waivers, you can start with a paid phone consultation. You will need to know

what he misrepresented, chances are he knows or was told in the interview.

The misrep can be that he entered incorrect data on a previous application or the current one for example

and it is vital that you know exactly what it is before you can try to rectify anything with a waiver or if

a lawyer may be able to "fix" this without a waiver.

A word of advice, get the best attorney you can find who specializes in waivers, not the cheapest general

immigration attorney who may be clueless. Experience with the adjudicating location/country helps also.

Push hard for the exact reason of the misrepresentation from him and the CO because you deserve and need to know.

God bless.

I agree...you need to know what he misrepresented exactly...maybe he didnt tell the truth about being sick with something or was illegal in another country or who knows. I have seen people get through the 601 process but its important to know what he lied about