What route to go?

[Divine 0]

Hi, We first applied for a K1 that was denied last year due to misrepresentation. I went back home, we got maried last month and i am now back in the states. We would like to know what to do...Should we apply for the K3 or CR1? Will that be denied? if yes at what point? Will we need a waiver then? i don't know where to start...Thank you for your help.

[doodlebug 3]

what was the misurepresentation? That may be the determining factor.

Edited January 31, 2007 by doodlebug

[misa 2]

Your K1 was denied due to "misrepresentation"? I'd imagine you will have a problem at the interview level since the consulate will want to know if you have previously been denied a visa and why. Plus it will be the same consulate.

Sounds like you will need to talk to a good immigration attorney about this.

[Divine 0]

More info: He was denied under section 212(a)(6)©

[meauxna 15]

Well that hasn't gone away.

Fraud or Misrepresentation

Under INA §212(a)(6)©(i), an 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 entry into the United States or other benefit provided under the INA is excludable. The determination of materiality is a fact which would make an alien excludable or shut off a line of inquiry which may have resulted in exclusion.

A more restrictive immigrant waiver is authorized under the new INA §212(i)(1) in the case of an immigrant who is the spouse, son or daughter or a United States citizen or of an immigrant lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the refusal of admission would result in extreme hardship to the citizen or lawfully resident spouse or parent of of such an alien. According to the new INA §212(i)(2), no court shall have jurisdiction to review a decision or action of the Attorney General regarding a waiver under INA §212(i)(1).

What did he do and what did you know about it?

It appears that a waiver may be possible. It certainly would be a good idea for you to talk to some lawyers before you file anything. Marriage doesn't cure a fiance denial.