Denied at Interview

[Boiler 45,947]

4 minutes ago, Sparkle Sparkle said:

That my friend is misinterpretion... And he will need to file a waiver with CR1

Not how it works, needs to get past the RFE.

[TennilleO 117]

7 minutes ago, Boiler said:

Well admittedly it was not totally clear whether he was or not, the problem is that it is on record with the Consulate that he was married.

Sorry. I thought I made that clear. 

[TennilleO 117]

1 minute ago, Boiler said:

Not how it works, needs to get past the RFE.

So an attorney would probably be best if we proceed?

[Boiler 45,947]

Well now you have, prior it was this unknown to you lady whose details are on his B application.

[TennilleO 117]

1 minute ago, Boiler said:

Well now you have, prior it was this unknown to you lady whose details are on his B application.

Yes. I went back to ask more questions based on what advice i was given. 

 

[Boiler 45,947]

OK if it was me, the I 601 would not be my major concern, yes it has to be done properly, but anybody who is reasonably well organised and diligent should be able to get one done.

 

The issue that has been mentioned many times is getting to that point, now nobody has ever come back and advised how they got passed the RFE stage. That is what I would want to find out about, now would you average Immigration Lawyer have come across this, doubtful, so I would at least want to make sure I had good legal advice as to how to. Somebody who has been there and done it, a specialist Waiver lawyer would be my first stop. Or lawyers.

 

 

[TennilleO 117]

6 minutes ago, Boiler said:

OK if it was me, the I 601 would not be my major concern, yes it has to be done properly, but anybody who is reasonably well organised and diligent should be able to get one done.

 

The issue that has been mentioned many times is getting to that point, now nobody has ever come back and advised how they got passed the RFE stage. That is what I would want to find out about, now would you average Immigration Lawyer have come across this, doubtful, so I would at least want to make sure I had good legal advice as to how to. Somebody who has been there and done it, a specialist Waiver lawyer would be my first stop. Or lawyers.

 

 

I will call back and ask about the rfe. He didn't mention that during our conversation which has me concerned. I was still going to speak to other attorneys.

[geowrian 22,338]

I 100% agree with @Boiler - the waiver for misrep is secondary. The main issue is they will still need to see evidence that the previously claimed marriage  either does not exist or (more likely) has been dissolved. It's on record that they were married and that needs to be addressed first.

[TennilleO 117]

2 minutes ago, geowrian said:

I 100% agree with @Boiler - the waiver for misrep is secondary. The main issue is they will still need to see evidence that the previously claimed marriage  either does not exist or (more likely) has been dissolved. It's on record that they were married and that needs to be addressed first.

Ok. I will ask how to handle that without adding to the issue

[SalishSea 18,082]

3 hours ago, TennilleO said:

So an attorney would probably be best if we proceed?

For sure, yes.  This is a big deal.

[TennilleO 117]

I asked the attorney about the RFE that we may receive and he said its hard to answer that question because there is no way of knowing what the RFE may say.  This is very concerning for me. Shouldn't he be able to give some insight. I have been looking but haven't found were I could maybe find this RFE question on this site. 

[SalishSea 18,082]

5 minutes ago, TennilleO said:

I asked the attorney about the RFE that we may receive and he said its hard to answer that question because there is no way of knowing what the RFE may say.  This is very concerning for me. Shouldn't he be able to give some insight. I have been looking but haven't found were I could maybe find this RFE question on this site. 

The idea is that as his DOS record shows that he claimed to be married on a prior visa app, any future marriage-based petitions will ultimately lead to a request for evidence that the purported 'marriage' was terminated.  This is in order to establish his eligibility to be petitioned for a visa. Your conundrum is that because he did lie about being married, proving that he was not is tricky, and the burden for this is on you.  The lawyer is right in that there is no way to predict or address the actual content of such an RFE ahead of time.

[Greenbaum 12,259]

18 minutes ago, TennilleO said:

I asked the attorney about the RFE that we may receive and he said its hard to answer that question because there is no way of knowing what the RFE may say.  This is very concerning for me. Shouldn't he be able to give some insight. I have been looking but haven't found were I could maybe find this RFE question on this site. 

Call USCIS and ask for a Tier 2 agent. Tell them you would like a copy faxed to you on the RFE because you are on a deadline that can’t be extended. A tier 2 is the only one that has access to those systems. They can also read it to you (most will do this but some don't) and let you know what they are requesting. Be kind and not demanding and you may get somewhere. Just saying.

[Boiler 45,947]

You need a Lawyer who can tell you what they did which was successful in addressing this issue.

[geowrian 22,338]

29 minutes ago, Greenbaum said:

Call USCIS and ask for a Tier 2 agent. Tell them you would like a copy faxed to you on the RFE because you are on a deadline that can’t be extended. A tier 2 is the only one that has access to those systems. They can also read it to you (most will do this but some don't) and let you know what they are requesting. Be kind and not demanding and you may get somewhere. Just saying.

No RFE has been issued. The new petition has not even been filed yet. The question was with regard to an expected RFE that they will get after they file.