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belly21

Dominican Republic, K-1 Visa Refused, was told to file 601 Waiver for Misrepresentation

By belly21 in Waivers (I-601 and I-212) and Administrative Processes (221g)

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  • 3 months later...
Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

Update: filed 601 by myself for misrepresentation it was received April 17 and May 7, I got approved?, no lawyer, nothing!

What exactly was the misrep ?

It is very difficult to file a 601 with quality supporting evidence and not advisable without a lawyer or at least experienced guidance.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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belly21 Contributor

belly21   3

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
  • Author
Posted

What exactly was the misrep ?

It is very difficult to file a 601 with quality supporting evidence and not advisable without a lawyer or at least experienced guidance.

He was previously married to a USC, they went to the interview and had a few disagreements on their answers a notice of intent to deny was issued, they responded but she didnt provide much proof of a bonafide relationship and she did that on purpose because she wanted to mess him up so that they would think it was fraud so automatically, if someone else petitionedd for him, he wouldnt be able to come but unfortunately for her, I prepared everything myself, all of our proof, I used to work with an immigrationa attorney for almost 5 years so I know exactly what they look for. Now our waiver is approved and we just need notification of what else he needs to take to the embassy so his visa can be issued :)

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Ebunoluwa Veteran

Ebunoluwa   6,136

Posted
Filed: AOS (apr) Country: Cyprus
 Timeline
Posted

He was previously married to a USC, they went to the interview and had a few disagreements on their answers a notice of intent to deny was issued, they responded but she didnt provide much proof of a bonafide relationship and she did that on purpose because she wanted to mess him up so that they would think it was fraud so automatically, if someone else petitionedd for him, he wouldnt be able to come but unfortunately for her, I prepared everything myself, all of our proof, I used to work with an immigrationa attorney for almost 5 years so I know exactly what they look for. Now our waiver is approved and we just need notification of what else he needs to take to the embassy so his visa can be issued :)

I am curious, did you also include a hardship letter with the waiver form ?

Working for an immigration attorney who has experience with waivers certainly helps.

Congratulation on the waiver approval.

My advice to others reading this is still : do not attempt it without an attorney.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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belly21 Contributor

belly21   3

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
  • Author
Posted

I am curious, did you also include a hardship letter with the waiver form ?

Working for an immigration attorney who has experience with waivers certainly helps.

Congratulation on the waiver approval.

My advice to others reading this is still : do not attempt it without an attorney.

I did include the hardship letter, and a few affidavits from people that know our relationship n proof, lots of proof :)

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belly21 Contributor

belly21   3

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
  • Author
Posted

Another update: Today my fiance and I received notification to go and drop off his passport at DOMEX so it can be taken to the Embassy to put his visa on it :-D has to travel before June 4th due to his medical exam expiring on that day. :-D Hopefully he will be here by next week!!! :-D

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Azucarmorena16 Contributor

Azucarmorena16   2

Posted
Filed: IR-1/CR-1 Visa Country: Dominican Republic
 Timeline
Posted

Another update: Today my fiance and I received notification to go and drop off his passport at DOMEX so it can be taken to the Embassy to put his visa on it :-D has to travel before June 4th due to his medical exam expiring on that day. :-D Hopefully he will be here by next week!!! :-D

CONGRATS god os god!!!
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