Revocation rebuttal

[tomyka81 95]

I am never one to lie down and die. Ok, so I will have 15 days to present evidences for a reaffirmation after revocation. My evidences will be the following letter and the fact that there will be no cae notes in the file as to contacting me or a recommendation for a waiver. I am anticipating the reason for the revocation to be either bonafide or ineligible. any suggestions/holes/recommendations????

I,, am seeking to overcome revocation of my fiancé at the K-1 (LGSxxxxxxx) on the grounds that 9 FAM 41.81 was not followed.

BLUF: My fiancé voluntarily recanted a misrepresentation that he made in a previous visa application during the interview. He also recanted on DS-160 for the K-1 visa. This admission appears to be viewed as a discovery that would cause the consular officer to doubt the bonafide nature of the engagement. Had the officer followed 9 FAM 41.81, I would have been contacted to ascertain whether I wanted to proceed with the marriage and my fiancé and I would have been found eligible for a waiver. This did not occur. As such, I am humbly requesting that the petition be reaffirmed.

1. Statement of Fact: Upon Efosa’s voluntary retraction of a non-material, harmless misrepresentation (see appendix 1), the consular officer expressed to Efosa that his statement caused him to question whether the relationship was bonafide. This statement deals with a discovery that was made during the interview process that lead the consular officer to doubt the intent of the applicant

Background: In accordance with 9 FAM 41.81 N6.7 Additional Factors That May Raise Questions in K-1 Cases subparts b.) and c.), once Efosa’s retraction was made (ie discovery of a ground of ineligibility of Efosa for misrepresentation), the consular officer “should use their discretion in determining whether to return the K-1 petition to USCIS in such cases. They should, however, first solicit from the petitioner information as to whether he or she was aware of the particular circumstance(s) and whether, in light thereof, he or she still wishes to proceed with the proposed marriage. If satisfied in this regard, consular officers need not return the petition.”

Impact: This did not occur. The consular officer stated that had the petition not been at the four month validity time period that I could have been asked questions. I was not contacted. If I had been contacted, I would have responded yes that I still with to proceed with the marriage as I know that Efosa loves me and did not enter this relationship for immigrant benefits.

1. Statement of Fact: The consular officer did not act in accordance with 9 FAM 41.81 N9.1 Waiver Availability for Applicants Ineligible Under INA 212(a) and establish that Efosa’s ineglibility was waiverable under Waivable For Immigrant Spouses Of U.S. citizens, under either INA 212(g), (h), (i), 212(a)(9)(B)(v), 212(d)(11) or (12) or similar provisions. Efosa was ineligible to receive a visa under INA 212 (a), but his misrepresentation was waiveable in accordance with INA 212(i) that states that “(i) (1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)© in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of a VAWA self-petitioner 6aa/ , the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.”

Background: Efosa’s misrepresentation was waivable (see appendix B). If 9 FAM 41.81 N9.3 INA 212(d)(3)(A) Waiver for K-1 Fiancé(e) Who Would Qualify for Waiver if Married, or for K-3 Spouse would have been followed the following would have occurred:

1. If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a), but that the ineligibility could be waived after (or as a result of the) marriage to the petitioner, the consular officer should instruct the applicant to file Form I-601, Application for Waiver of Grounds of Inadmissibility, with USCIS per USCIS instructions.
2. If the case involves a K-1 fiancé(e), the consular officer should be satisfied (before beginning the waiver process) that the petitioner is aware of the ineligibility and still wishes to pursue the marriage.

If not, the petition should be returned to USCIS and the waiver process should be terminated.

Impact: Because I was not contacted to ascertain whether I wanted to continue with the marriage, Efosa and I were not afforded the opportunity to file form I-601.

Evidence: See Consular officer’s transcript, cover page, and notes regarding for confirmation whether I was contacted or a waiver was started.

Summary: The consular officer was very pleasant and understanding with my fiancé during this very difficult time. He offered recommendation that we could either refile the K-1 petition or get married. Either way, we would have the same road block if no I-601 is ever filed for the discovery that created doubt to the genuineness of the relationship. I am humbly requesting that we be allowed to file the I-601 waiver along with this visa petition in accordance with 9 FAM 41.81 (attached) so that we can start the arduous task that will bring our lives together.

[S_R 148]

Good luck.

[NigeriaorBust 4,087]

K1's don't get revoked they are declared expired and you don't get a change to rebut it. That is how it has been happening for years.

[Unidentified 2,930]

In case this is copied from the actual letter you will be sending I want to point out a spelling error in case you haven't found it yet: If I had been contacted, I would have responded yes that I still with (wish) to proceed with the marriage as I know that Efosa loves me and did not enter this relationship for immigrant benefits.

Good luck with everything! I hope it works out for you guys!

Please can my fiancee in the States Submit the I-129f in October for processing?

Please don't hijack other people's threads, make your own one.

[arise 3]

wish you God's favor in your journey

[Maritah 101]

K1's don't get revoked they are declared expired and you don't get a change to rebut it. That is how it has been happening for years.

Indeed.

Get married and start the spouse visa, I think that will be your best shot.

Good luck with your journey.

M.

[NigeriaorBust 4,087]

The I 601 is not just a form you fill in but it is a rather complex pleading for the ability to immigrate due to hardship you must demonstrate. Having lived with him in Ghana you have upped the challenge because you have shown that you can live with him there and may not need to have him admitted to the US. You are allowed to submit the waiver after you have been denied the visa so everything has gone according to the normal process. However they will hold onto it until it is expired ( if it hasn't already ) and there will be no chance to rebut it. Make plans on a new K1 ( which you could file today ) or a CR1 ( you have to get married first ) Waiver are harder to obtain for K1's

[Adil & Jeanne 296]

i wish you the best and i agree

Make the trip to Nigeria and begin the spouse visa

When you go over take the application with you and fill it out

also go to this webpage and print out the application for SS number as it wil allow you to add him to tax returns and this helps later in interview / will be part of the comingling of funds as further evidence / most will tell you this is not needed but it sure did help me and was clearly stated on our denial letter that immigration wanted to see we comingle our accounts

Now a part of the U.S. Department of State's immigration visa material, the sheet describes the process for starting the Social Security number process while still in one's native country.

http://www.ssa.gov/ssnvisa/help_immigrant.htmit

[tomyka81 95]

The I 601 is not just a form you fill in but it is a rather complex pleading for the ability to immigrate due to hardship you must demonstrate. Having lived with him in Ghana you have upped the challenge because you have shown that you can live with him there and may not need to have him admitted to the US. You are allowed to submit the waiver after you have been denied the visa so everything has gone according to the normal process. However they will hold onto it until it is expired ( if it hasn't already ) and there will be no chance to rebut it. Make plans on a new K1 ( which you could file today ) or a CR1 ( you have to get married first ) Waiver are harder to obtain for K1's

The I 601 is not just a form you fill in but it is a rather complex pleading for the ability to immigrate due to hardship you must demonstrate. Having lived with him in Ghana you have upped the challenge because you have shown that you can live with him there and may not need to have him admitted to the US. You are allowed to submit the waiver after you have been denied the visa so everything has gone according to the normal process. However they will hold onto it until it is expired ( if it hasn't already ) and there will be no chance to rebut it. Make plans on a new K1 ( which you could file today ) or a CR1 ( you have to get married first ) Waiver are harder to obtain for K1's

You misunderstood. I only met him in Ghana because at the time I couldn't go to Nigeria. I flee to Ghana, he flew to Ghana, we both went back home. I think I can build a strong case for hardship and discretion

[Ash.1101 1,756]

You'll want to do spousal visa, but if others didn't know, you already said you would NOT get married in Nigeria. Your only option is to have him... try to come here (which I don't see working), get married here and them have him go back and file a spousal. Since he already has so many red flags apparently, I don't see him getting a visitor visa.

But either way, you have to prove hardship. Other than missing him, what at the end of the day makes it so you can not live without him LITERALLY. You were doing fine before him, you're still living here fine without him. You still have a home and food and such. You'll have to prove that you'll face legitimate hardship without him.

Also, there's the fact that chances are the K1 is just going to expire out. Once they get sent back to USCIS, they're generally never heard from again, even from people who IMMEDIATELY try to chase it down.

For others info, this was your last thread on the topic. It's still relevant to this one as it details WHY he was denied. http://www.visajourney.com/forums/topic/566792-interviewed-at-lagos-today;-recommended-for-revocation-under-221g/page-1

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His visa interview was not even a week ago (Sept 15th). He got denied for essentially lying to them. He said he had a fiance and child but.. then said he lied about having a fiance and a child.

The problem with 9 FAM 41.81 N6.7 is that there is a lot of "SHOULD"s involved. At no point does it say they MUST do it. Essentially the logic is, is that if they feel it needs to get sent back to USCIS then it needs to get sent back. To them, you saying you want to marry him still even after him lying to them multiple times, doesn't trump him lying to them multiple times. Their discretion is always the highest.

Which is why in 9 FAM 41.81 N6.7(d) it says: Consular officers should return the K-1 petition to DHS for reconsideration if not satisfied with respect to the bona fides of the relationship or if the petitioner indicates that he or she no longer intends to go forward with the marriage.

It doesn't say should AND, it says OR, which means they don't -have- to contact you.


It also states that it becomes ANOTHER issue of the petitioners awareness, meaning, the first issue of him lying to THEM still exists. Now they have to deal with two issues, him lying to them, multiple times, and him lying to you. They used their best descretion and determined that, due to him lying more than once (as you said you listed all his red flags (Most people don't have red flags)), it wouldn't have mattered if you still wanted to marry him.

[Alimanu 77]

You misunderstood. I only met him in Ghana because at the time I couldn't go to Nigeria. I flee to Ghana, he flew to Ghana, we both went back home. I think I can build a strong case for hardship and discretion

I have been following both of your posts since Friday, I think you should consider all options available to you. He lied... I know, but he has learnt his lesson in a hard way.

[Ash.1101 1,756]

I have been following both of your posts since Friday, I think you should consider all options available to you. He lied... I know, but he has learnt his lesson in a hard way.

I agree. Sadly though, unless she becomes flexible and gets married in Nigeria there may not be a chance. This many denials, it'll take a good lawyer to get him into the US to get married to her.

[Alimanu 77]

I agree. Sadly though, unless she becomes flexible and gets married in Nigeria there may not be a chance. This many denials, it'll take a good lawyer to get him into the US to get married to her.

Yes, true... I think Nigerians can get married in Ghana or any other Ecowas countries... I stand corrected.

[Ebunoluwa 6,136]

The returned petition is not and will not get revoked but will expire.

The word OR in the 9 FAM 41.81 N6.7(d) speaks for itself and their authorized discretion trumps pretty much everything.

I do not understand that a wedding venue (Nigeria or US) would keep you from pursuing the only extremely slim chance you would have;

to start this as a spouse rather than a weak K1. By refusing to marry in Nigeria your chances are near zero.

What is more important, the wedding of your dreams or a chance to get him here ?

Unless you are worried being stuck married to him with a denial for the rest of your life, who came to witness your wedding is not a good reason

to not marry in Nigeria. If you are going to fight then fight it with logic and marry and set aside the secondary things.

Having said that, I am not encouraging you to go forward with a marriage and waiver because it will be nearly impossible to

proof your hardship.

Again, only you can make that decision and whatever you decide I wish you the best.

Be on alert with the relationship, the harder it gets, the lesser he may be interested in communicating with you.

Take that as a red flag when you see changes in behavior and commitment pattern over this extremely long process.

I have heard of women fighting for this and the other half just nonchalantly do nothing and fade away because

they decided to go with another woman in another country all of a sudden.

Not saying this is what he will do, I don't know him and therefore can't judge him, but I am just sharing what I have seen.

One more time....IT can hit the fan once he gets here with his lies and non transparent issues, these roots run deep in some people

and you may ask yourself one day what the heck was I thinking ! It doesn't just go away.

May God give you strength in your decisions.

[Ash.1101 1,756]

The returned petition is not and will not get revoked but will expire.

The word OR in the 9 FAM 41.81 N6.7(d) speaks for itself and their authorized discretion trumps pretty much everything.

I do not understand that a wedding venue (Nigeria or US) would keep you from pursuing the only extremely slim chance you would have;

to start this as a spouse rather than a weak K1. By refusing to marry in Nigeria your chances are near zero.

Agreeing with this. The word OR in 9 FAM 41.81 N6.7 (d) and the word SHOULD in 9 FAM 41.81 N6.7 © are key. If it was something that was required of them to do (and therefore making them liable), the words would be AND instead of OR and MUST instead of SHOULD. Legal wording technicalities go a long way.

Also, again, it didnt get revoked, it just expires.

A lot of people here get married where they don't want too. Be it in the courthouse or their fiance's country, then hold a larger formal ceremony a year or so later in America or their spouses country.

But, as stated, if you're not willing to get married in Nigeria, then you're not willing to do what ever it takes for the relationship. Yes, some people can put their foot down on some things, but you're putting your foot down on the ONLY thing that will get you together. The chances of him getting a visa to come into the US and meet you is next to nothing, if you want to be with him, you have to go marry him in his country. There is no way around it.

I hope that, if the relationship is worth it to you, you'll go marry him in his country and give up a little pride of "well this is my third wedding, I'm not gonna have it be anything less than this!". Life doesn't always work out as planned, but if you want it to be the best it can be, you may have to bend a little.

If you're religious, I recommend talking to someone that works in a relationship ministry, get your mind set on what you want to do and your path. Wish you the best of luck.

Edited September 21, 2015 by Ash.1101