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Hi everyone,

Please help.

Here is my story.

My immigrant visa application was refused at the interview under INA212 (a)(6)© for misrepresentation. The consular officer didn't explain any reasons for the denial but she asked about my past relationship with my ex fiancé , which was 10 years ago. We engaged in 2006. The relationship ended not long after the engagement. My ex fiancé already cancelled the K1 visa petition and I didn't go for an interview.
In 2011 & 2013, I applied for tourist visa and failed twice.

The past relationship was real and I didn't tell lie anything to them during the interview for tourist visa as well. I still have proof about my past relationship. Is there a high change for me to get I-601 waiver approved? We are worried that we will not able to provide extreme hardship except that we have to live separately. Could you please recommend me a good lawyer that our VJ members used for I-601.

Thank you.

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Filed: Citizen (apr) Country: Ireland
Timeline

Missrep is very serious. Could it be the ex alleged something? Did you perhaps not mention that you were petitioned before?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: K-1 Visa Country: Wales
Timeline

Depends what the Misrep is, you did not say.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
Timeline

What is the misrepresentation. It matters to your case so the more info you give us the better we can help you

good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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i really don't know what the misrepresentation is? The consular officer didn't tell me what the misrepresentation is. I guess it's because of my past relationship which I already shared above.

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Filed: AOS (apr) Country: Cyprus
Timeline

You may be able to get more info through your petitioner's senator/congressman and/or an attorney.
Did the CO harp on certain questions more than once ? Usually one can get an idea what the CO did not like or what did
not convince him. Your consulate is very tough and difficult.
Definitely consult an attorney. The waiver package should address what the reason for the misrepresentation is and that is not
possible if they did not state the reason. The CO chose a very non transparent option to not mention it which is utter BS.

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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Filed: K-1 Visa Country: Wales
Timeline

Yet to see a Misrep charge where the person did not know what it was.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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How bad was the breakup ? Could the ex have sent claims that you faked your relationship ?

If he did, I can't fix it. The consular officer believed so.

How bad was the breakup ? Could the ex have sent claims that you faked your relationship ?

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Filed: AOS (apr) Country: Cyprus
Timeline

Yes, Laurel Scott comes highly recommended. I have not used her personally but others have. She used to have free chat sessions
don't know if she still does. There are other good waiver attorneys out there, just make sure they specialize in waivers not just prepare one
once in a blue moon.


If he did, I can't fix it. The consular officer believed so.


Care to elaborate further ? So you do know the reason ?

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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I paid $375 for 30' consultation on phone with Laurel Scott. We called to there number but no one picked up the phone. 20 mins later, she picked up the phone and asked me to reschedule to Monday. She said it's a simple mistake. I feel thay she's not helpful, unprofessional as a lawyer so I asked for a refund. I think I will hire Lizz Cannon, she's very helpful answering my questions though I haven't paid her yet.

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Filed: K-1 Visa Country: Vietnam
Timeline

A lawyer cannot charge a "consultation" fee without an agreement between the lawyer and the client that includes, at a minimum: A)What the client will receive for the consultation; B)The cost; C)When/Where/How the consultation will take place; D) The cost and method of payment - i.e. when payment is expected and will the consultation fee be applied towards future services.

Any lawyer that charges a consultation fee should be avoided. Also avoid one that uses "billable hours."

Find a lawyer that will attempt to fix your specific problem for a specific fee.

Immigration lawyers are notoriously looked at in low light because so many of them rip people off. Immigrants don't sue lawyers for crappy work. Lawyers that take advantage of immigrants and those with immigration problems are people in the wrong line of work. When I was in law school, it was a joke that if you can't find a job, you can always do immigration law. It's just law using forms and most immigration lawyers just hire paralegals to do everything.

Be careful.

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Filed: Timeline

Most immigration attys charge a consultation fee & will deduct it from the fee when hired....Lizz Cannon is

fair , & a straight shooter regardingind cases...It may be a mistake , something maybe lost in translation (that

should not be, but stuff happens) If you have been on the up & up Ms Cannon will sort it out ,& get your mate

to involve his congressperson also.

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A lawyer cannot charge a "consultation" fee without an agreement between the lawyer and the client that includes, at a minimum: A)What the client will receive for the consultation; B)The cost; C)When/Where/How the consultation will take place; D) The cost and method of payment - i.e. when payment is expected and will the consultation fee be applied towards future services.

Any lawyer that charges a consultation fee should be avoided. Also avoid one that uses "billable hours."

Find a lawyer that will attempt to fix your specific problem for a specific fee.

Immigration lawyers are notoriously looked at in low light because so many of them rip people off. Immigrants don't sue lawyers for crappy work. Lawyers that take advantage of immigrants and those with immigration problems are people in the wrong line of work. When I was in law school, it was a joke that if you can't find a job, you can always do immigration law. It's just law using forms and most immigration lawyers just hire paralegals to do everything.

Be careful.

Thanks WandY

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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