my k1 visa was denied a year ago under ( INA 212(a)(6)(c))

[Temu tome 1]

Hello everyone

long history in short my k1 visa denied a year ago under immigration fraud and misrepresentation (INA 212(a)(6)©(1)).i cant tell you how painful was it.

cause nothing makes you sick than seeing the truth keep down its head.i don't want to remember. now we get married and went for CR-1 visa and received NO1 and waiting for NO2. question is my past k1 visa denial affect CR-1 visa ? if so what should i do?

Thanks in advance .

[Penguin_ie 5,994]

Yes it will; I know you say you don't ant to remember, but you will need to. What was the fraud/ missrep about? The code you gave sounds like willful missrep, which is usually a lifetime ban. We need to know what exactly you )allegedly) missrepresented.

[Unshakable Faith 493]

Hello everyone

long history in short my k1 visa denied a year ago under immigration fraud and misrepresentation (INA 212(a)(6)©(1)).i cant tell you how painful was it.

cause nothing makes you sick than seeing the truth keep down its head.i don't want to remember. now we get married and went for CR-1 visa and received NO1 and waiting for NO2. question is my past k1 visa denial affect CR-1 visa ? if so what should i do?

Thanks in advance .

Did you receive the letter stating you could file a waiver?

If you did, go ahead and file the waiver. It's not a quick process. It can be done yourself but it is a lot of work. I've seen people do it themselves and be approved, some people hire lawyers.

You will not be able receive either visa without this approved I-601 waiver if you were hit with misrepresentation.

The current wait time for the waiver is about 9 months.

[Temu tome 1]

thanks a lot.

how do i know what i misrepresent.

[Temu tome 1]

we did not received the letter stating we could file a waiver. what we received from USCIS(NOTICE OF DECISION) that our i-129f has expired and we could re file

i-129f .that is why we don't file waiver.if we don't receive letter from uscis which states we could file waiver, does it mean we are not going under waiver process?

thanks a lot,

[jan22 3,056]

There is notway to go back and think about whether a waivern is/was possible on the K-1. You are now married, right? If so, the K-1 is no longer an option foryou anyway.

You are too early to think about a waiver for your CR-1. You need to get the I-130 approved and get to the visa interview. At that time, you will be found ineligible under 212(a)(6)© once again, since this is a lifetime ban. At that point, you can file a wavier. The waiver has to be based on the extreme hardship the US citizen will suffer if the beneficiary is not permitted to enter the US.

[Temu tome 1]

Many thanks it means a lot to me, but i 'm still confused are you saying to me that my misrepresentation under

212(a)(6)©(1) was only for my past denied K-1 visa only? if my future CR-1 visa denied under 212(a)(6)©(1)

then i have to go for waiver?

[belinda63 3,038]

The misrepresentation will be there no matter what visa you apply for. When the visa is denied they should have/will give you a piece of paper stating why it was denied and if a waiver is available.

[Temu tome 1]

i know that and i have received a latter that states my visa denied under 212(a)(6)©(1) that is all.nothing is mentioned about wavier.

[Californiansunset 336]

What is going to happen is that once you go for your visa interview at the consulate, the CO will deny your CR1 visa due to the past misrep charge. Hopefully he will determined that you are eligible to file a 601 waiver then.

If I were you I would start doing research how to overcome the misrep and gather all documents that are necessary because that will take some time (you need to prove extreme hardship to your US citizen partner). In order to do that you need to know why you were charged with misrepresentation. What did you lie about or did you submit any false documentation?!

Edited November 21, 2016 by Californiansunset

[Penguin_ie 5,994]

That is because there is no waiver for a K1. There is one for the CR-1 spousal visa, as there is now a US citizen spouse who may suffer hardship.

That being said, the code your visa got denied under is quite serious, you may want to consult with a lawyer if you are not willing to say here what exactly happened so we can help you.

[NigeriaorBust 4,087]

Was your misrepresentation part of the K1 or part of earlier visa applications ?

[Unshakable Faith 493]

That is because there is no waiver for a K1. There is one for the CR-1 spousal visa, as there is now a US citizen spouse who may suffer hardship.

That being said, the code your visa got denied under is quite serious, you may want to consult with a lawyer if you are not willing to say here what exactly happened so we can help you.

This information is incorrect. Many K1's have filed (and had approved) I-601 waivers.

OP, if they have found you inadmissible, talk to a lawyer to see if you can go ahead and file the waiver concurrently with your I-130 so they can both be processing. I believe that you would be able to do that. They would obviously be going to two different places. If I'm not mistaken, you can file a waiver after you've been found inadmissible.

Check to see.

If not, you'll have to wait for your next interview to be denied and then file if you're able.

[Temu tome 1]

Thank you all of you for your help.me and my wife decided to have a lawyer and see what will happen.

is there any possibility to go for waiver, with out receiving any letter that states we cloud file waiver?

Edited November 22, 2016 by van tome

[Californiansunset 336]

Thank you all of you for your help.me and my wife decided to have a lawyer and see what will happen.

is there any possibility to go for waiver, with out receiving any letter that states we cloud file waiver?

Unfortunately there is not. You are only eligible to file a waiver if the CO determines that you are.