Refusal due to section 212(a)5

[Nockideetah 5]

1 hour ago, Boiler said:

It is when the CO refuses your visa and gives you the opportunity of filing a waiver. no waiver for a NOID.

Oh ok, I thought you complete a waiver after you receive NOID.

[Nockideetah 5]

On 10/31/2020 at 10:05 AM, mamadouch said:

i had the same reason refused 

the office of ambassy say to me that uscis will contact after 5 weeks but nothing happen 

Have you recieve an update yet and when was your interview?

[Nockideetah 5]

3 hours ago, Ma Daniel said:

I hired one already and they are working on getting a letter of no impediment to the marriage my husband had claimed when he got the visitor visitor, we also doing a new petition, and if we get the NOID from USCIS, we gonna respond as well. The lawyer is also filing a waiver I-601

Was your refusal a 212a5 too? When was your interview?

[Ma Daniel 15]

Just now, Nockideetah said:

Was your refusal a 212a5 too? When was your interview?

Yes, it was. My husband's interview was Nov 17

[Nockideetah 5]

2 minutes ago, Ma Daniel said:

Yes, it was. My husband's interview was Nov 17

Could it be like everyone else says "age gap", "married on the first visit" or "not enough time visiting"? And there are no issues with your employments?

[Ma Daniel 15]

Just now, Nockideetah said:

Could it be like everyone else says "age gap", "married on the first visit" or "not enough time visiting"? And there are no issues with your employments?

None of the above. I had explained in my previous reply that, he was asked about his previous visa application(visitor visa he got in 2015), and had stated on the application that he was married. The CO asked about that relationship during his interview, and he told the CO that he was not married to his ex, and they were in a common law relation. My husband was told at the interview based on that his visa is denied.

[Nockideetah 5]

1 minute ago, Ma Daniel said:

None of the above. I had explained in my previous reply that, he was asked about his previous visa application(visitor visa he got in 2015), and had stated on the application that he was married. The CO asked about that relationship during his interview, and he told the CO that he was not married to his ex, and they were in a common law relation. My husband was told at the interview based on that his visa is denied.

 

1 minute ago, Ma Daniel said:

None of the above. I had explained in my previous reply that, he was asked about his previous visa application(visitor visa he got in 2015), and had stated on the application that he was married. The CO asked about that relationship during his interview, and he told the CO that he was not married to his ex, and they were in a common law relation. My husband was told at the interview based on that his visa is denied.

 

1 minute ago, Ma Daniel said:

None of the above. I had explained in my previous reply that, he was asked about his previous visa application(visitor visa he got in 2015), and had stated on the application that he was married. The CO asked about that relationship during his interview, and he told the CO that he was not married to his ex, and they were in a common law relation. My husband was told at the interview based on that his visa is denied.

I'm just trying to figure out how it falls under the 212a5. Have you contacted the embassy for clarification?

[Ma Daniel 15]

1 minute ago, Nockideetah said:

 

 

I'm just trying to figure out how it falls under the 212a5. Have you contacted the embassy for clarification?

I am not gonna waste my trying to contact them as it is stated at the bottom of the letter not to contact them. I will focus my energy on the next step than trying to figure out why this section was used for his denial. While waiting for the NOID, we will try and get a document from Mexico stating he was never married to his ex, also hoping his ex will be willing to give an affidavit to back that up, and proofing that our marriage is bona fide.

[Nockideetah 5]

1 minute ago, Ma Daniel said:

I am not gonna waste my trying to contact them as it is stated at the bottom of the letter not to contact them. I will focus my energy on the next step than trying to figure out why this section was used for his denial. While waiting for the NOID, we will try and get a document from Mexico stating he was never married to his ex, also hoping his ex will be willing to give an affidavit to back that up, and proofing that our marriage is bona fide.

Oh I didn't know that. I read somewhere we were able to request information and so I wrote to them but their answer was vague. I got the senator and congressman involved in hopes of an answer. I think what you are doing is good. The process is frustrating and stressful. I hope it all works out for you!

[Ma Daniel 15]

1 minute ago, Nockideetah said:

Oh I didn't know that. I read somewhere we were able to request information and so I wrote to them but their answer was vague. I got the senator and congressman involved in hopes of an answer. I think what you are doing is good. The process is frustrating and stressful. I hope it all works out for you!

Did you receive the NOID or NOIR from USCIS already? I have on this forum that once received, USCIS gives only 30days to reply. So if I were you, I will focus that energy on getting your evidences rather trying to figure this section out.

[Nockideetah 5]

Just now, Ma Daniel said:

Did you receive the NOID or NOIR from USCIS already? I have on this forum that once received, USCIS gives only 30days to reply. So if I were you, I will focus that energy on getting your evidences rather trying to figure this section out.

 

Just now, Ma Daniel said:

Did you receive the NOID or NOIR from USCIS already? I have on this forum that once received, USCIS gives only 30days to reply. So if I were you, I will focus that energy on getting your evidences rather trying to figure this section out.

 

Just now, Ma Daniel said:

Did you receive the NOID or NOIR from USCIS already? I have on this forum that once received, USCIS gives only 30days to reply. So if I were you, I will focus that energy on getting your evidences rather trying to figure this section out.

 

Just now, Ma Daniel said:

Did you receive the NOID or NOIR from USCIS already? I have on this forum that once received, USCIS gives only 30days to reply. So if I were you, I will focus that energy on getting your evidences rather trying to figure this section out.

No I haven't but I have been working on other proofs and uploaded them just in case it does have to do with bonefide marriage. Yet, I still want to figure this section out lol. 

[Ma Daniel 15]

1 minute ago, Nockideetah said:

 

 

 

No I haven't but I have been working on other proofs and uploaded them just in case it does have to do with bonefide marriage. Yet, I still want to figure this section out lol. 

lol, good luck and please us updated if you do

[Nockideetah 5]

2 minutes ago, Ma Daniel said:

lol, good luck and please us updated if you do

Thanks I will! 

[Khalid Mahmud 6]

7 hours ago, Ma Daniel said:

I hired one already and they are working on getting a letter of no impediment to the marriage my husband had claimed when he got the visitor visitor, we also doing a new petition, and if we get the NOID from USCIS, we gonna respond as well. The lawyer is also filing a waiver I-601

But you should wait the response of uscis 

[Khalid Mahmud 6]

4 hours ago, Nockideetah said:

I thought this would fall under a 212(a)(6)(c)(I) for fraud and misrepresentation. 

This can be your thought but we have received the 212a 5A , do you think we are joking ????