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Aj06

Visa refused under section 212(a)5(A)

By Aj06 in US Embassy and Consulate Discussion

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Crazy Cat Grand Master

Crazy Cat   41,878

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1 hour ago, Aj06 said:

I guess thats my only choice,but i am confused as to what to do now...do i go ahead and remarry and refile immediately? Or should i wait for uscis to inform me officially that my case was revoked/closed first before doing anything? 

You are officially divorced from your first wife.  There is no reason to wait......you can marry as soon as possible, and your wife can refile the I-130.

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Crazy Cat
Crazy Cat

If your first marriage was not legally dissolved before Oct 2016, your current marriage is invalid.  If that is the case, I think your only option is to remarry your current wife, and refile a new pet

carmel34
carmel34

1. get copy of divorce decree from first marriage 2.  get married to USC spouse 3.  she files another I-130 for you   In that order.  Good luck!

carmel34
carmel34

Not worth the time or effort to try and find out what happened in 2009, because this seems pretty straightforward based on what you've posted.  If your divorce date, according to the court, was Januar

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Nockideetah Explorer

Nockideetah   5

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On 5/26/2019 at 9:06 AM, Amadia said:

Does your refusal paper actually state 212(a)5(a) or is it 212(a)2 or 212(a)2(a) ?

 

Visa refusal under 212(a)2 is usually for moral turpitude (sexual assault, bigamy, homicide, child abuse, etc.)

Visa refusal under 212(a)2(a) is if you were charged or found guilty of a crime of moral turpitude. 

I am curious to know how this was resolved. My husband was denied under the 212(a)5

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Ma Daniel Contributor

Ma Daniel   15

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On 9/20/2020 at 11:55 PM, Nockideetah said:

I am curious to know how this was resolved. My husband was denied under the 212(a)5

I am in same boat! My husband was denied under same INA. The CO had asked him about his B2 visa he got in 2015, and on the application he stated he was married to his ex-gf (lied, as they were in a common law relationship). I got a lawyer though, we filing a new I-130, get a letter from Mexican authorities of no impediment to marriage, then file a I-601 waiver for misrepresentation.

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Boiler Grand Master

Boiler   45,519

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4 hours ago, Ma Daniel said:

I am in same boat! My husband was denied under same INA. The CO had asked him about his B2 visa he got in 2015, and on the application he stated he was married to his ex-gf (lied, as they were in a common law relationship). I got a lawyer though, we filing a new I-130, get a letter from Mexican authorities of no impediment to marriage, then file a I-601 waiver for misrepresentation.

Mexico? Your profile says Cameroon?

“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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Ma Daniel Contributor

Ma Daniel   15

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13 hours ago, Boiler said:

Mexico? Your profile says Cameroon?

My husband resides in Mexico and has been there for the past ten years, but he is a Cameroonian. He had gotten a B2 visa some years back and claimed that he was married in Mexico. My profile says Cameroon, because we had his IV appointment scheduled in Cameroon.

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Boiler Grand Master

Boiler   45,519

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Pretty sure a B does not ask where you were married just of you are married.

“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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Ma Daniel Contributor

Ma Daniel   15

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Filed: IR-1/CR-1 Visa Country: Cameroon
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11 minutes ago, Boiler said:

Pretty sure a B does not ask where you were married just of you are married.

I personally have never applied for a B visa, but it ask if you have been married and who you are married to. If you understand what I wrote, he lives in Mexico and at the time when he applied for the B visa, he stated that he was married to his ex( they were in a common law relationship at that time and not married). And certainly during an interview, it is always imperative that the CO will pull up any previous visa application (approved or denied), to see what you had filed out.

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Nockideetah Explorer

Nockideetah   5

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24 minutes ago, Ma Daniel said:

I personally have never applied for a B visa, but it ask if you have been married and who you are married to. If you understand what I wrote, he lives in Mexico and at the time when he applied for the B visa, he stated that he was married to his ex( they were in a common law relationship at that time and not married). And certainly during an interview, it is always imperative that the CO will pull up any previous visa application (approved or denied), to see what you had filed out.

I agree

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Boiler Grand Master

Boiler   45,519

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Well perhaps the Consulate here will take a different view, do let us know how they respond.

“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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Far.han Explorer

Far.han   9

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On 12/3/2020 at 7:21 AM, Aj06 said:

No i did not,we went ahead and file the new petition.

When u got this 212a5a?? And still u dnt receive any thing from uscis??

Mine also returned under 212a5a in july2020.

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