Inadmissible

[Boiler 45,752]

Seems more logical given the situation that you move.

[JFH 12,190]

3 hours ago, Saih said:

Yes, she got denied for misrepresentation, I just wanted to know if there is better chance to get a waiver if we get married probably get a child and try again. I know that will take very long time but at least there is a chance for her to join me in the future. I am so confused with this whole thing. We love each other very much .

Have a child? If you think having a child with her will improve your chances you are very much mistaken. Doesn’t sound like you are in the best place right now to be raising a child anyway. Sort your own health issues before you bring a child into the mix. Very unfair on the child to be brought into this world purely to try and get around US immigration practices. 

Edited August 10, 2019 by JFH

[Saih 0]

1 hour ago, JFH said:

Have a child? If you think having a child with her will improve your chances you are very much mistaken. Doesn’t sound like you are in the best place right now to be raising a child anyway. Sort your own health issues before you bring a child into the mix. Very unfair on the child to be brought into this world purely to try and get around US immigration practices. 

 

1 hour ago, carmel34 said:

Don't get married and have a child with her unless you are ready and willing to live with her permanently in her country in case the spousal visa is denied.  Time to hire the best US immigration attorney that you can find.

 

1 hour ago, JFH said:

Have a child? If you think having a child with her will improve your chances you are very much mistaken. Doesn’t sound like you are in the best place right now to be raising a child anyway. Sort your own health issues before you bring a child into the mix. Very unfair on the child to be brought into this world purely to try and get around US immigration practices. 

 

Just now, Saih said:

 

 

 

 

[ineedadisplayname 501]

4 hours ago, Saih said:

Yes, she got denied for misrepresentation, I just wanted to know if there is better chance to get a waiver if we get married probably get a child and try again. I know that will take very long time but at least there is a chance for her to join me in the future. I am so confused with this whole thing. We love each other very much .

NOOOO WAAAAYYYY. Do not create a new life just to get a visa!!!!!!

Btw a child has no weight in proving a relationship. Otherwise everybody would just knock up each other to get visas.....

 

 

[Pinkrlion 2,724]

4 hours ago, Saih said:

Yes, she got denied for misrepresentation, I just wanted to know if there is better chance to get a waiver if we get married probably get a child and try again. I know that will take very long time but at least there is a chance for her to join me in the future. I am so confused with this whole thing. We love each other very much .

USCIS does not care u have children. People leave their children in their home country all the time. 

[Nitas_man 3,100]

3 hours ago, Saih said:

 

 

 

 

Everything matches her correct DOB except the passport. Why would I come here to BS anybody? And what makes you think I am trying to create a hardship situation? I am simply asking what chance do we have if any. 

There is no reason to BS and your chances are good, unless she typed in a date of birth on an application that is not her actual, real date of birth, regardless of what her passport said.  

Did she?  If so proving irreversible harm to you (USC) to overcome this is going to be difficult to impossible.

 

[Nitas_man 3,100]

3 hours ago, Saih said:

 

 

 

 

Everything matches her correct DOB except the passport. Why would I come here to BS anybody? And what makes you think I am trying to create a hardship situation? I am simply asking what chance do we have if any. 

No.  Misrep would be two visa applications with two different birthdays.

 

I am trying to understand exactly what she did.  If all the applications have the same date of birth then your case is very easy to overcome if she just gets her passport re-issued and demonstrates that she consistently entered the date of birth matching her birth certificate. 

Edited August 10, 2019 by Nitas_man

[Allaboutwaiting 2,503]

9 minutes ago, Nitas_man said:

No.  Misrep would be two visa applications with two different birthdays.

 

I am trying to understand exactly what she did.  If all the applications have the same date of birth then your case is very easy to overcome.

It is not considered misrepresentation if she corrected it on her own volition -without the officer asking or pointing it out-.

Edited August 10, 2019 by Allaboutwaiting

[SalishSea 17,979]

5 hours ago, Saih said:

I just wanted to know if there is better chance to get a waiver if we get married probably get a child and try again

"Get a child" to increase the chance of obtaining an immigration benefit?  Just:  WOW.

[Saih 0]

1 hour ago, Allaboutwaiting said:

It is not considered misrepresentation if she corrected it on her own volition -without the officer asking or pointing it out-.

She was corrected by the co and denied and told that it was a misrepresentation 

[Nitas_man 3,100]

7 minutes ago, Saih said:

She was corrected by the co and denied and told that it was a misrepresentation 

Well, it wasn’t.  Unless she typed a wrong birthday AND stated it verbally to a CO.

Can she get her passport fixed?

You need to visit your representatives office, sign a waiver to represent you, and request an official explanation.  Bury that CO in paperwork.

Then when you get a case officer assigned email the IV section yourself, copy every word to your case officer.

Yes you can plan to file again.  She didnt do anything wrong.

 

 

Edited August 10, 2019 by Nitas_man

[belinda63 3,041]

I don't see how giving a wrong date of birth is a misrepresentation. It is lying but not enough for a waiver to be needed as the date of birth really wouldn't affect the issuance of a visa. Would it really matter is she were born in 1992 instead of 1996? I think there is more to the story.

[Saih 0]

1 hour ago, Jorgedig said:

"Get a child" to increase the chance of obtaining an immigration benefit?  Just:  WOW.

Who said that’s what I mean when I said getting a child? All I wanted to say was to become more of a family than a fiancé relationship. I was told that there is more weight on that than just k1 .Visa no visa we are getting married and by God’s will and power we will have a child. I am simply looking for advice and not trying to deceive any system here. I love and respect the United States and everything it stands for. We see people disrespecting our laws everyday and getting away with it.  Direct your WOW option to them 

[Boiler 45,752]

1 minute ago, belinda63 said:

I don't see how giving a wrong date of birth is a misrepresentation. It is lying but not enough for a waiver to be needed as the date of birth really wouldn't affect the issuance of a visa. Would it really matter is she were born in 1992 instead of 1996? I think there is more to the story.

There often is, the question is how long do you want to spend dragging the information out.

[geowrian 22,337]

5 minutes ago, belinda63 said:

I don't see how giving a wrong date of birth is a misrepresentation. It is lying but not enough for a waiver to be needed as the date of birth really wouldn't affect the issuance of a visa. Would it really matter is she were born in 1992 instead of 1996? I think there is more to the story.

Seconded. If one lies about their DOB, that is a misrepresentation. But is it willful and material? Unless it's in conjunction with using an another identity, I don't see it resulting in an inadmissability.