Revocation rebuttal

[Uneks 13]

I understand you want your family to be at your wedding but kindly take advice from the experienced ones who tell you this route will not be successful.

Come with one of your parents/relatives so your dowry can be paid or a court marriage. Then go back to the US for a big white wedding where all your family and friends can attend.

It will hurt to spend money on attorney n other stuffs to be denied again.

Good luck

[tomyka81 95]

Discretion means to use prudence and limit the use and not willy nilly default. There is no must terms used. The directive terms are should and shall. Sometimes should being synomous with shall. What works for some doesn't work for all. Each case is differrnt. Regardless of marriage is there anything missing from the topic itself which is to try to keep the k1 active while we pursue a waiver and build equity in the relationship.

[NigeriaorBust 4,087]

It is not your option to keep it active, it is approved for a period of 4 months, extended by the consulate if the interview can't happen by then , it will expire at 4 months or the interview whichever is later. You don't get special treatment just because you were denied. Based on your timeline your petition's approval is already expired. USCIS will get it back , see the approval date and stamp a big red expired across it. ( Been there done that )

[Ebunoluwa 6,136]

I agree , been there done that too. No matter what reason, it expires and without a CR1 the OP doesn't have a chance, they won't extend the K1 even though you cling to the hope that every case is different it will be the same outcome.

[ikeNme 38]

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

They can. My Nigerian husband and I were married in Ghana.

[Ash.1101 1,756]

Discretion means to use prudence and limit the use and not willy nilly default. There is no must terms used. The directive terms are should and shall. Sometimes should being synomous with shall. What works for some doesn't work for all. Each case is differrnt. Regardless of marriage is there anything missing from the topic itself which is to try to keep the k1 active while we pursue a waiver and build equity in the relationship.

Exactly, each case is different, which is why they can use their own discretion. Discretion means freedom to make a decision based on a particular situation. It's the same reason ANYONE with any form of authority may do something different than another figure of that same authority in the same situation, they all use their own discretion in each situation.

The answer is no. Your only option is to get married. Your petition is expired. Your NOA2 shows a date of expiration. That date either expires without interview, or expires once the interview has happened. Essentially, they say yes and the case is completed, they say we need more info and the case is pending, or they say no, send it back to USCIS, and the case is completed.

Just out of curiosity, what was the exact denial? In your statement, the first post all you say is 212(a) which is incredibly vague. Not all 212(a)'s are waivable.

INA 212(a) covers everything from prostitution, drug use, fraud, crime, mental insanity, refusal of vaccinations, etc. There are 41 different 212(a) denials.

What was the exact coding they used?

Edited September 21, 2015 by Ash.1101

[Uneks 13]

They can. My Nigerian husband and I were married in Ghana.

Yes Nigerian can get married anywhere. My cousin and Nigerian wife got married in the UK. The thing is she wants to get married in the US where her family and friends can attend. And to get that done, he has to be there. The issue now is getting him over.

[Boiler 46,232]

Just thinking back, but the original reason was for a Convention, so he has a job, presumably fairly senior if they would send him to the US, obviousl not a cheap thing to do.

Perhaps there might be someway through work, does the employer have a US operation?

[Pinkrlion 2,724]

Good Luck, I am not sure of success from misrepresentation to obtain a visa. Hopefully, he does not receive a ban.

[ikeNme 38]

Just thinking back, but the original reason was for a Convention, so he has a job, presumably fairly senior if they would send him to the US, obviousl not a cheap thing to do.

Perhaps there might be someway through work, does the employer have a US operation?

It's fairly common in Nigeria for the "business venture" to be fabricated as well. I personally know someone who paid the equivalent of $10,000 USD for someone to get him a Business Visa. He was successful and when he got to the States, found a girl to marry...adjusted status and stayed. Desperation comes in all different forms.

[Mrs.Hull210 24]

There really is lots of good advice and information being given here, however at the end of the day this case is yours and your husband's. You are the one that has put in all the money, time, and effort into your relationship. Even if you don't take the advice from those here, we should all still be wishing you the best of luck on your journey. I understand that all those who have contributed information here for you are only trying to save you from what may a bad end to this journey, but we can't make the decisions for you. Please don't get discouraged, please don't take offense to anything anyone has said, don't feel like you have to explain or justify your decisions, we are all here for you. Please keep us updated, and may your next update be a wonderful one!

[tomyka81 95]

Good Luck, I am not sure of success from misrepresentation to obtain a visa. Hopefully, he does not receive a ban.

No he didn't get a ban thankfully. A ban makes a waiver almost impossible. If a person does a waiver before a ban, it looks much more favorable and contrite. Before a ban isn't compulory. semi like confessing to murder so you don't get capital punishment lol

[Boiler 46,232]

No he didn't get a ban thankfully. A ban makes a waiver almost impossible. If a person does a waiver before a ban, it looks much more favorable and contrite. Before a ban isn't compulsory. semi like confessing to murder so you don't get capital punishment lol

A waiver is to waive the ban, he does not nee a waiver currently as he does not have a ban, the process never got that far, he was foun inadmissible for reasons that can not be waived.

[tomyka81 95]

A waiver is to waive the ban, he does not nee a waiver currently as he does not have a ban, the process never got that far, he was foun inadmissible for reasons that can not be waived.

Thanks Boiler.

I think this is the most researched advice from paying attention to the specifics of my case and what I have been detailing that I have received so far. After I looked this up, you are correct, I do not need a waiver. The reason he didn't get a ban was because he stated that he had a fiance and kid. That will not get a person a ban because it is immaterial.

I would caution that some on here are too quick to type and assume and relate a dissimilar case versus examining what the person is actually stating. Good grief.

For two days I have been working on a waiver and have requested all this medical documentation, and affadavits, and job position information, data breach information, holmes- rahe scales, information on black boys who grow up without a consistent father in the home......... for absolutely nothing, not to mention stressing.

But all in all, I am happy not to have to do the waiver. Thanks again. I have learned as much as I need to know from this thread. My petition may or may not be reaffirmed, but I DON'T need a waiver. :-)

[Ebunoluwa 6,136]

Timely Retraction​

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As a ​defense to ​inadmissibility for fraud ​or willful misrepresentation, a​ ​person​ may show ​that he or she timely retracted ​or ​recanted​ ​the ​false ​statement. The effect of a timely retraction is that the misrepresentation is eliminated​ as if it had never happened​.​ ^[29] See Matter of R-R-, 3 I&N Dec. 823 (BIA 1949). See Matter of M-, 9 I&N Dec. 118 (BIA 1960) (also cited by Matter of R-S-J-, 22 I&N Dec. 863 (BIA 1999)). ​If a​ ​person​ timely retracts the statement, the ​person​ is not inadmissible for fraud or willful misrepresentation​. ​

​

For the retraction to be effective, it has to be voluntary and​ ​timely.​ ^[30] “If the witness withdraws the false testimony of his own volition and without delay, the false statement and its withdrawal may be found to constitute one inseparable incident out of which an intention to deceive cannot rightly be drawn.” See Llanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. 1949). See Matter of R-R-, 3 I&N Dec. 823 (BIA 1949). See Matter of Namio, 14 I&N Dec. 412 (BIA 1973), referring to Matter of M-, 9 I&N Dec. 118 (BIA 1960) and Llanos-Senarrilos v. United States, 177 F.2d 164 (9th Cir. 1949). The ​applicant​ must correct his or her ​representation​ before being exposed by the ​officer​ or ​U.S. ​government official ​or ​before the conclusion of the proceeding ​during ​which he or she gave false testimony​. ​A retraction can be ​voluntary and ​timely if made in response to an officer’s question during which​ the officer gives the applicant ​a chance to explain or correct a potential misrepresentation.​

​

Admitting to the false​ representation ​after​ USCIS has challenged the veracity of the claim is not a timely retraction.​ ^[31] See Matter of Namio, 14 I&N Dec. 412 (BIA 1973). ​For example, a​n ​applicant’s​ recantation of t​he false testimony is neither voluntary nor timely if made a​ year later​ ​and only after it bec​omes​ apparent that the disclosure of the falsity of the statements ​is​ imminent​.​ ^[32] See Matter of Namio, 14 I&N Dec. 412 (BIA 1973). A retraction or recantation is only timely if it is made in the same proceeding in which the person g​ives​ ​the ​false testimony​ or misrepresentation​.​ ^[33] See Llanos-Senarrilos v. United States, 177 F.2d 164, 165 (9th Cir. 1949).

​

It does not appear to be a timely retraction in your case, because admittance came after being confronted with it at the interview

(as far as you were told by him and still questionable) and obviously way too late for a retraction at the previous application

where it would have really mattered the first time.

So I don't think your thought of "no ban because he admitted it" is correct.

Consulates can but don't have to give you a waiver form. If they don't then case closed, end of story.

If they do then that means you were given the chance to overcome the ban with the waiver and it is up to you to proof hardship.

I find it actually worse that he wasn't handed a waiver after the interview.

I believe the CO told him anything to get him out of there and I believe he has a ban.

You can't file a waiver unless there is a ban.