I 601 WAIVER FOR MISREPRESENTATION

[amarcho1 8]

my husband had his 2nd interview for i 130 visa .After interview, he was told he needs an i 601 waiver. i have called the consulate numerous times and sent numerous e.mail to know what the waiver is , but nobody answered my e.mails . on the phone i was able to talk to a consular officer who was able to tell me that the waiver is for misrepresentation. when i asked him to explain what did my husband misrepresent, he said he cant tell me anymore.

so what should i do? are the consulate obligated to tell me the reason for misrepresentation? if so how?

besides, i need what make them think that my husband did misrepresentation in order to check its accuracy and file the waiver properly.

if you have any ideas please let me know

[Gosia & Tito 199]

my husband had his 2nd interview for i 130 visa .After interview, he was told he needs an i 601 waiver. i have called the consulate numerous times and sent numerous e.mail to know what the waiver is , but nobody answered my e.mails . on the phone i was able to talk to a consular officer who was able to tell me that the waiver is for misrepresentation. when i asked him to explain what did my husband misrepresent, he said he cant tell me anymore.

so what should i do? are the consulate obligated to tell me the reason for misrepresentation? if so how?

besides, i need what make them think that my husband did misrepresentation in order to check its accuracy and file the waiver properly.

if you have any ideas please let me know

How about asking your husband?

[amarcho1 8]

my husband cant think of anything like that. already did he does not know what they are talking about.

[jaycali 415]

Has he been to a visa interview before? For any visa? Could he have said something then, that contradicts what he said this time?

I've seen people apply for i.e. tourist visa before, and say one thing, then they come back for another interview years later, and somehow contradicts what they said back then.

Edited June 16, 2012 by jaejayC

[LIFE'SJOURNEY 970]

A i601 wavier is serious business, so you need to look at what it stands for and question your husband about these area of concern.

Your husband probably have some idea is there a languague barrier between the two of you, this is why he isn't able to explain the concern. Where he might not have found his answers or actions to be mis-rep.

Edited June 16, 2012 by LIFE'SJOURNEY

[amarcho1 8]

Has he been to a visa interview before? For any visa? Could he have said something then, that contradicts what he said this time?

I've seen people apply for i.e. tourist visa before, and say one thing, then they come back for another interview years later, and somehow contradicts what they said back then.

yes my husband had applied for a tourist visa years before.

[Penguin_ie 5,993]

Does he still have the paperwork from the tourist visa or remembers what he put there? For example may he have said he was married to make his ties to Morocco look stronger?

[Shoot Em Straight 385]

I am sorry u have this going on...it truly must be frustrating.

If the consulate cannot elaborate (which is the case) being a smart woman..... talk more with your husband and attempt figure it out.

Personally I would not suggest to grill him but...talk more about his past; was this the first petition for him, something he changed that might not have anything to do with Visa process and they caught a discrepancy or maybe re enact the interview scenario and ask him to attempt to answer the same way he spoke with the CO. Put on a consulate hat and not see it with emotions as a wife.

Not at all saying it is him or what he might have said...but for now if you are in a quandary and will not get the exact answer from the embassy to refute it try to do your own inspecting.

Also briefly reading up on this waiver...maybe investing in a lawyer, if you have not already, might be the way to go?

Dont really think I helped much but wanted to know I feel for your situation and hope you get answers or good progress soon.

edit....tourist visa...i see you wrote he applied for this. was it at the time you already had the cr1?? or before. be a smart detective. good luck

Edited June 16, 2012 by inluvnwaiting

[jaycali 415]

yes my husband had applied for a tourist visa years before.

Was his tourist visa approved or denied?

Could he have been asked a question then, that he either lied about, or was he asked a similar question this time where his answer may have somehow contradicted what he said back then?

I've been to three visa interviews before, and I notice there is always one question they always ask. I think it's just to see if my answer is the same.

Edited June 16, 2012 by jaejayC

[Anh map 2,098]

my husband cant think of anything like that. already did he does not know what they are talking about.

Misrepresentation means that he did not tell the truth about something. Is there anything that he did not tell? Answer changed?

[amarcho1 8]

my question is: if the consulate say that my husband need the i 601 waiver for misrepresentation, shouldnt they tell us exactly what misrepresentation he committed? i read different posts and people know exactly what their misrepresentation is... like using a fake passport, lying about their marital status...

i went with my husband through all scenarios to find out. they never confronted him at the interview and told him you are lying or things of this nature.

besides, i think it is my right to know what this misrepresentation is and it could be a mistake or an interview panic...who knows

[Noah Lot 391]

my question is: if the consulate say that my husband need the i 601 waiver for misrepresentation, shouldnt they tell us exactly what misrepresentation he committed? i read different posts and people know exactly what their misrepresentation is... like using a fake passport, lying about their marital status...

i went with my husband through all scenarios to find out. they never confronted him at the interview and told him you are lying or things of this nature.

besides, i think it is my right to know what this misrepresentation is and it could be a mistake or an interview panic...who knows

Your husband knows....whenever this ineligibility was bestowed upon him in the past(as a result of HIS actions), he was told what happened and why.However you do not have any RIGHT to know. Information about visa interviews, the results, etc, is private....and protected from outside 'sharing' by INA 222f....your husband knows....he just doesn't want to reveal...

You are the one who can file an I 601 for the ineligibility...which is 212 A 6Ci....but only your husband knows what brought this about. The VOs do not make this stuff up...

[canadian_wife 1,822]

I completely agree, your husband knows. Misrepresentation charges are not given without serious thought.

Whether he is telling you or not, he knows

Good luck

[carolynhotstuff 252]

Would their case be sent back to USCIS? After some time wouldn't she get a NOIR(Notice of Intent to Revoke)? The NOIR would explain why he was denied at the interview.

I would also hire a lawyer.

[Sandra G. 5,047]

Was he refused, or found ineligible, for a visa under section 212(a)(6)©(i)?