Immigration Attorney

[belinda63 3,031]

Another case where the beneficiary lied about their marital status in the attempt to obtain a tourist visa. 

At this point your K-1 is dead, it has been returned and will not be reviewed. I suggest your fiance travel to see you and marry you. You can then proceed with the CR-1.

[geowrian 22,337]

The letter means they think the petition is invalid. Barring another reason to believe otherwise,  that would be due to not having a bona fide relationship.

It will be sent back to USCIS, where it will sit and die.

The refusal as noted above does not incur a material misrepresentation bar. That's actually precisely the reason it sits to die by USCIS by policy...otherwise there is an automatic misrep bar if they did not reaffirm it.

 

This does not mean there isn't a misrep bar. One can still apply. But nothing noted here or in the letter indicates there is one.

[geowrian 22,337]

5 minutes ago, belinda63 said:

Another case where the beneficiary lied about their marital status in the attempt to obtain a tourist visa. 

That would be a cause for the petition being returned. But is there something with their history that I missed that implied they did that?

 

Edit: Nevermind...the OP posted something while I was typing my response above (well, actually I missed it. Whoops~). That does appear to be the reason for the refusal.

Edited January 14, 2020 by geowrian

[Bte 3]

On 1/14/2020 at 1:01 AM, geowrian said:

The letter means they think the petition is invalid. Barring another reason to believe otherwise,  that would be due to not having a bona fide relationship.

It will be sent back to USCIS, where it will sit and die.

The refusal as noted above does not incur a material misrepresentation bar. That's actually precisely the reason it sits to die by USCIS by policy...otherwise there is an automatic misrep bar if they did not reaffirm it.

 

This does not mean there isn't a misrep bar. One can still apply. But nothing noted here or in the letter indicates there is one.

Ok. Thank you. We are getting married. We will file for the CR1

[Ontarkie 14,190]

~~Moved to Waivers, from K1 P&P - the OP is asking about the waivers~~

 

 

 

[Ontarkie 14,190]

 Attorney Laurel Scott is a very well known attorney who specializes in waivers. You will be told up front if you have a chance. 

[Bte 3]

18 hours ago, Ontarkie said:

 Attorney Laurel Scott is a very well known attorney who specializes in waivers. You will be told up front if you have a chance. 

How do I contact her please ? 

[Ontarkie 14,190]

You can find him online.

[Chito 24]

7 hours ago, Bte said:

How do I contact her please ? 

My dear you don’t need any attorney now. Get married, file your i-130, get to your interview then if your co refuses you on the grounds of misrepresentation, then sit down for a week, do your research and file your I-601 waiver yourself. You don’t need a lawyer for the waiver trust me. Waste of money and most times they don’t pay attention to details as much as you will. I was denied my I-130 application in August last year on the basis of misrepresentation, I researched and filed my waiver, even requested for an expedition which was granted. I got my approval in 3 months and got my visa approved 4 months after I was denied. You can do it. Don’t panic at all.

[geowrian 22,337]

Misrepresentation is likely the lesser of 2 evils here IMO.

The bigger issue is they will want to a see evidence of the prior marriage being dissolved. Since there wasn't actually a prior marriage, obviously that presents an issue.

Saying you lied in the past does not change the requirement to show that the marriage was dissolved. At least that has been the experience with others who have been in this situation.

[Bte 3]

4 hours ago, Chito said:

My dear you don’t need any attorney now. Get married, file your i-130, get to your interview then if your co refuses you on the grounds of misrepresentation, then sit down for a week, do your research and file your I-601 waiver yourself. You don’t need a lawyer for the waiver trust me. Waste of money and most times they don’t pay attention to details as much as you will. I was denied my I-130 application in August last year on the basis of misrepresentation, I researched and filed my waiver, even requested for an expedition which was granted. I got my approval in 3 months and got my visa approved 4 months after I was denied. You can do it. Don’t panic at all.

Oh thank you. We will do just that. I’m grateful 

[Bte 3]

On 1/16/2020 at 10:48 PM, Chito said:

My dear you don’t need any attorney now. Get married, file your i-130, get to your interview then if your co refuses you on the grounds of misrepresentation, then sit down for a week, do your research and file your I-601 waiver yourself. You don’t need a lawyer for the waiver trust me. Waste of money and most times they don’t pay attention to details as much as you will. I was denied my I-130 application in August last year on the basis of misrepresentation, I researched and filed my waiver, even requested for an expedition which was granted. I got my approval in 3 months and got my visa approved 4 months after I was denied. You can do it. Don’t panic at all.

We are married now. Please how do we start in the whole process? 

[Chito 24]

22 minutes ago, Bte said:

We are married now. Please how do we start in the whole process? 

Apply for you I- 130 petition and wait for your approval. 

[Bte 3]

2 hours ago, Chito said:

Apply for you I- 130 petition and wait for your approval. 

Okay 

[Going through 5,669]

3 hours ago, Bte said:

We are married now. Please how do we start in the whole process?