I-485 2 Questions

[coniefl 28]

Filling out an I-485 for a K1-Visa in which we are now married. I have two questions thus far in filling out the form.

1. What do we put for the Last Name? Do we put her maiden name or her new married last name?

2. How do I answer Part 3 (processing information) Question 9 if my former fiance received a waiver for misrepresentation , ineligibility under section 212 (a) (6) ( C ) (i).

Question 9 reads:

"Are you under a final order of civil penalty for violating section 274C of the Immigration and Nationality Act (INA) for use of fraudulent documents or have you, by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured, a visa, other documentation, entry into the United States, or any immigration benefit?"

Edited December 31, 2016 by coniefl
wasn't done writing the post

[Suss&Camm 2,213]

2 hours ago, coniefl said:

Filling out an I-485 for a K1-Visa in which we are now married. I have two questions thus far in filling out the form.

1. What do we put for the Last Name? Do we put her maiden name or her new married last name?

2. How do I answer Part 3 (processing information) Question 9 if my former fiance received a waiver for misrepresentation , ineligibility under section 212 (a) (6) ( C ) (i).

Question 9 reads:

"Are you under a final order of civil penalty for violating section 274C of the Immigration and Nationality Act (INA) for use of fraudulent documents or have you, by fraud or willful misrepresentation of a material fact, ever sought to procure, or procured, a visa, other documentation, entry into the United States, or any immigration benefit?"

1. She would use her married name as this is what she wants on her EAD/AP and GC I assume..

2. Well, has she? I'm not sure what the question is. Has she done any of those things, yea or no..

[coniefl 28]

2 minutes ago, Suss&Camm said:

1. She would use her married name as this is what she wants on her EAD/AP and GC I assume..

2. Well, has she? I'm not sure what the question is. Has she done any of those things, yea or no..

Thank you.

When she applied for the K1 visa they said she was inadmissible because of a misrepresentation, they couldn't tell us what it was because its came from CBP (Customs and Border Patrol) and they are not allowed to disclose information from another agency other than USCIS, but it did require a waiver to get the K1 Visa. We still do not know what the misrepresentation was, it wasn't done willingly, but the Government s interpretation of what "willingly" is isn't the same as "intentionally", because the inadmissabilty that require the waiver also stated willingly, and we have know idea what it was. Since we have the waiver I am unsure of what to answer for the question.

[Suss&Camm 2,213]

Ah! I see what you mean... that is then tricky.. I know that you can request your full alien file from USCIS although I'm not sure how exactly you go about this or how long it would take or if it's always granted, but it seems weird to me that they wouldn't let you know what the waiver was for. Has she previously overstayed or something similar? Maybe you should go over her answers on the DS-160 thoroughly.

I didn't quite get what you mean that it stated on the waiver. Did it say on the waiver that it was willingly?

I hope maybe someone with more specific knowledge to these circumstances can have some more answers for you. But it always helps to give as many details as you possibly can for ppl to be able to help you. Each situation is so different.

[coniefl 28]

On 12/31/2016 at 2:09 PM, Suss&Camm said:

Ah! I see what you mean... that is then tricky.. I know that you can request your full alien file from USCIS although I'm not sure how exactly you go about this or how long it would take or if it's always granted, but it seems weird to me that they wouldn't let you know what the waiver was for. Has she previously overstayed or something similar? Maybe you should go over her answers on the DS-160 thoroughly.

I didn't quite get what you mean that it stated on the waiver. Did it say on the waiver that it was willingly?

I hope maybe someone with more specific knowledge to these circumstances can have some more answers for you. But it always helps to give as many details as you possibly can for ppl to be able to help you. Each situation is so different.

 

Thank you.

 

It has nothing to do with the DS-160 and it wasn't an overstay, since the Consulate is not allowed to communicate the reasons from other agencies other then USCIS they were unable to tell us the exact reason, only a general reason. I guess I can get the Alien file, but first I will see if the attorney that represented us for the waiver can answer this. I will report back if so.