NOID received, need an advice

[daviddavid 0]

Hello, 

My wife came to the US with a K-1 visa. She applied for her first Green Card and recently received a NOID from the USCIS. The NOID says she is inadmissible to the U.S. under 212(a)(6)(c)(i), but also says that she has a right to file a waiver I-601 and submit a rebuttal letter within the 33 days. Does anyone have any idea of what's the best for us to do in this situation? Do we have to file a waiver right away or we can submit a rebuttal letter and wait for their response? 

Edited February 2, 2018 by daviddavid

[daviddavid 0]

1 minute ago, short_man21 said:

Hi David,

 

That depends, did she unlawfully enter the U.S. at any point in her life? Whenever you deal with I601A's it's best to speak to a lawyer. I work at a law firm if you need a free consultation over the phone or in person to get some advice from an immigration lawyer.

 

Good luck!

 

-Shane

Hi Shane, 

No, she didn't. She applied for a visitor visa long time ago and 'misrepresented a material fact' in her application, according to NIOD. That visa was never issued. We called a few different lawyers and told us different information. Yeah, that would be great if we can contact you tomorrow, we are very short on time here unfortunately..

[daviddavid 0]

14 minutes ago, short_man21 said:

I see...

 

My boss is a lawyer with 30+ years in the field. I can schedule a consultation for you tomorrow when I'm in the office, just ask for Shane. The firm is called The Immigration Professor based in Culver City, California. The attorney's name is Robert A. Perkins. We're open from 9:30am-6:00pm Pacific Time. Robert will answer all your questions since I personally don't have too much experience with K1s, but Robert does. Hope to speak to you tomorrow!

Thanks, will call tomorrow.

 

Also, does anyone know how long does it take to get a response from them if we submit a rebuttal letter? 

[daviddavid 0]

Thank you!

[geowrian 22,338]

What was the material misrepresentation claimed?

[daviddavid 0]

3 hours ago, geowrian said:

What was the material misrepresentation claimed?

She applied for a visitor visa long time ago and 'misrepresented a material fact' in her application, according to NOID.

Edited February 2, 2018 by daviddavid

[Lemonslice 5,002]

4 minutes ago, daviddavid said:

She applied for a visitor visa long time ago and 'misrepresented a material fact' in her application, according to NOID.

What was misrepresented? Her citizenship? Her marital status?

[Unlockable 7,316]

8 hours ago, daviddavid said:

She applied for a visitor visa long time ago and 'misrepresented a material fact' in her application, according to NOID.

No, WHAT did she misrepresent? Basically, what did she lie about? Certain misrepresentation carry more repercussions than others.

[Cyberfx1024 7,980]

8 hours ago, Lemonslice said:

What was misrepresented? Her citizenship? Her marital status?

 

Just now, NuestraUnion said:

No, WHAT did she misrepresent? Basically, what did she lie about? Certain misrepresentation carry more repercussions than others.

That is key right there. What did she misrepresent?

[daviddavid 0]

She applied for b2 visa a few years ago and there was a question if she knows anybody in the US, she said no, which wasn't true. Now they think that she tried to gain an immigration benefit from it even though B2 is a tourist visa not an immigrant one.  

NOID says she is inadmissible and her GC cannot be approved unless she submits a waiver i-601. But the rebuttal letter is possible. 

 

Can we send them just a rebuttal letter? What happens if it doesn't work and her GC gets denied? Can she go home and submit a waiver from her country then? That would give her an opportunity to work while she's waiting. We are confused here..

[Loren Y 2,756]

Wow, they are really that picky. What a load, I feel for you. I guess if I ever go to Canada and they ask me if I know anyone in Canada I better say yes, I know Justin Bieber! Oh and Celine Dion, and shania twain, how can they prove that, amazing. Every day USCIS amazes me more. I just learned last week I have to be careful with my K1 that I don't get" too married" before she enters the US. Good luck, and I hope they would let something that small be waivable.

Edited February 2, 2018 by Loren Y

[geowrian 22,338]

There’s a significant and meaningful difference between knowing somebody from the US versus suspecting that somebody lied about the purpose of their visit (i.e. to visit that person). I’m presuming they have reason to believe it was the latter (i.e. if they have evidence of a relationship with said individual - either familia or romantic). I certainly could be wrong, but they don’t pursue misrepresentation for something like that unless that have a strong reason to suspect otherwise.

 

Best wishes. Please keep the thread updated!

[Unlockable 7,316]

1 hour ago, Loren Y said:

Wow, they are really that picky. What a load, I feel for you. I guess if I ever go to Canada and they ask me if I know anyone in Canada I better say yes, I know Justin Bieber! Oh and Celine Dion, and shania twain, how can they prove that, amazing. Every day USCIS amazes me more. I just learned last week I have to be careful with my K1 that I don't get" too married" before she enters the US. Good luck, and I hope they would let something that small be waivable.

What? That doesn’t even make any sense.

 

When they ask if you know someone in the US they are referring to a relative, friend, or significant other that can help them immigrate to the US.

 

Justin Bieber and Celine Dion are NOT going to provide you with room and board and help get you a job and possibly a green card just because you know their name and music. You don’t know them personally. So your example is horrible.

 

As for the being too married part, don’t blame USCIS. People abuse the system so they take precautions. There is a thread going on this very minute of a man who is married who tried to use a K1 visa to bring over his wife. 

 

It’s like you putting the blame on a bank for having to lock your money in a safe place.

[JoJoJoJo 170]

23 hours ago, daviddavid said:

Hello, 

My wife came to the US with a K-1 visa. She applied for her first Green Card and recently received a NOID from the USCIS. The NOID says she is inadmissible to the U.S. under 212(a)(6)(c)(i), but also says that she has a right to file a waiver I-601 and submit a rebuttal letter within the 33 days. Does anyone have any idea of what's the best for us to do in this situation? Do we have to file a waiver right away or we can submit a rebuttal letter and wait for their response? 

I am a little surprised that this was not an issue when you were granted the K-1 visa!

 

Did the visa officer mention this at all during your K-1 interview?

Edited February 3, 2018 by JoJoJoJo

[Boiler 46,362]

waiver issues can arise at a later stage but they are very rare, and the question is a lot more specific than anybody.

 

Wonder what happened?

 

In country I 601 just delays the process usually by a year ish.