I-129F Denied at USCIS What Are My Options?

[JaEnglishGirl 34]

The OP may have had a lucky escape...

 

[edsperfect 25]

On 6/28/2021 at 8:26 PM, Cherilyn said:

How could we provide evidence of marriages that never took place and have never existed?

My guess is that the denial waqs for giving false information to immigrations at least twice

[sweetk328 26]

This is a very interesting topic, and I thank GOD I'm not in this situation. There have been a lot of great answers, but I cant understand how it would be possible?  He lied on 2 prior applications, advising married twice. Some of the responses mention a divorce decree. Who would he divorce if he never married? Divorce decree's have both parties name? So to divorce there would need to be a wife to mention? I can not comprehend how he would divorce someone he never married? Lets say he finds a way to get that done, he has already told USCIS he never married and that the information was not correct. But then he turns around and says, jk... I did marry someone here is the divorce decree...after he just told them the prior apps where incorrect? 

 

I'd love to see how this case turns out. 

[John & Rose 7,239]

18 minutes ago, sweetk328 said:

This is a very interesting topic, and I thank GOD I'm not in this situation. There have been a lot of great answers, but I cant understand how it would be possible?  He lied on 2 prior applications, advising married twice. Some of the responses mention a divorce decree. Who would he divorce if he never married? Divorce decree's have both parties name? So to divorce there would need to be a wife to mention? I can not comprehend how he would divorce someone he never married? Lets say he finds a way to get that done, he has already told USCIS he never married and that the information was not correct. But then he turns around and says, jk... I did marry someone here is the divorce decree...after he just told them the prior apps where incorrect? 

 

I'd love to see how this case turns out. 

That is the point.  Immigration puts 100% of the pressure on the beneficiary who committed fraud.  The only ways to resolve the issue is to either give up and find another country to be together in or commit more fraud.  This is a no win situation for the couple.  He would have to admit misrepresentation in order to achieve an immigration benefit which is a permanent bar.  He can't get a divorce if he was never married so he really doesnt have many options and immigration knows it.  This is common in some areas.  Every DS-160 he filled out and the notes from the adjudicators will always be available.  If this goes like all others I've seen, he will never step foot inside the US.  There is no way for him to resolve the issue without admitting misrepresentation.  

[Boiler 45,940]

5 minutes ago, John & Rose said:

That is the point.  Immigration puts 100% of the pressure on the beneficiary who committed fraud.  The only ways to resolve the issue is to either give up and find another country to be together in or commit more fraud.  This is a no win situation for the couple.  He would have to admit misrepresentation in order to achieve an immigration benefit which is a permanent bar.  He can't get a divorce if he was never married so he really doesnt have many options and immigration knows it.  This is common in some areas.  Every DS-160 he filled out and the notes from the adjudicators will always be available.  If this goes like all others I've seen, he will never step foot inside the US.  There is no way for him to resolve the issue without admitting misrepresentation.  

They admitted misrep. There is a waiver for misrep.

 

The issue is responding to the RFE.

 

 

[John & Rose 7,239]

Just now, Boiler said:

They admitted misrep. There is a waiver for misrep.

 

The issue is responding to the RFE.

 

 

That is what I was attempting to say.  They will want to see the divorce decree which he will not be able to submit.  In one case the couple got a judge to write a letter and stamp it that there was no marriage.  That did not resolve their RFE.  Another couple was going to marry and divorce just for the papers but they realized the dates wouldn't work.  In that case the beneficiary used the name of one of his friends as his fake wife.  

[Kide 37]

A Facebook user who shared her beneficiaries experience..

 

@poster... read up! Same Lagos Consulate.

[Boiler 45,940]

The missing ingredient, what paperwork was submitted?

[Kide 37]

1 minute ago, Boiler said:

The missing ingredient, what paperwork was submitted?

I bet they filed a waiver.

 

I have seen one who shared on a group how he had filled out married in his prior B1 application.. while at the time, he only Co- habited with the lady and had 2 kids (but no official marriage). As a result of ignorance he thought it out to be marriage and put it up as his Marital status on the B1 application.

During his Cr1 interview at Lagos Consulate in November, the Ds160 issue of being married came up, and he was asked to provide his divorce cert, right there, he explained to the CO all I had written above as his reason. The CO requested for further evidence on his marriage and a validating proof of him not being married.

 

I think he got an affidavit from his then partner and had valid proofs inclusive of images and affidavit. 

 

His visa was issued in December.

 

The point is.. HAVE A VALID PROOF

[Boiler 45,940]

There is no RFE waiver there is a Misrep waiver, the issue seems to be people not being able to get  passed the RFE.

 

So you get stuck at the RFE stage how do you move on to the next step.

[sweetk328 26]

If they admitted misrep, not sure that will rectify the issue. It would be impossible to submit a divorce decree, which is the pretty much the only way to resolve this issue, seems they are requesting this information?  Even if he was able to get that by a miracle, applying for any Visa, to the USA would be nearly impossible, misrep or not the Uscis is requesting documentation, no way around their request. His history, would follow him, and ANY visa to the US, would require the same documentation. His signature on BOTH applications sealed his fate.  He not only applied once with misrep, he did it a 2nd time advising the same misrep? The odds are not in his favor... it was never true, then to produce a document confirming what you said was not true to begin with, doesn't make since? I agree with all the other comments, not that it matters, I'm not an attorney or legal advisor of any sorts. I was just stunned by the mention of obtaining a divorce decree on 1. A marriage that never existed. 2. Providing the wife's info and how she was served, if she never existed and 3. Correcting the mistake but saying, I never married, but here is the divorce decree for something I just said never happened? Absolutely a no win situation in my option. This poor user, which by the way has not responded any further  has become engaged to someone that CLEARLY has the intentions on coming to America. That is a huge flag for the USCIS. His intentions may not be to marry but to immigrate, he has made that clear with several requests. My heart goes out to the user that posted this question. No one can confirm weather his reasons are legit, but his past history doesn't give good vibes for a bona fide marriage

[MSFam<3 5]

On 7/6/2021 at 9:36 AM, Kide said:

A Facebook user who shared her beneficiaries experience..

 

@poster... read up! Same Lagos Consulate.

Could you provide the link to this Facebook post? I  sadly too am in this same situation and we are already married and I 130 filed so I need to get ahead of this if possible. I would like to contact the attorney they used. Thanks so much 

[Boiler 45,940]

7 minutes ago, MSFam<3 said:

Could you provide the link to this Facebook post? I  sadly too am in this same situation and we are already married and I 130 filed so I need to get ahead of this if possible. I would like to contact the attorney they used. Thanks so much 

If you find out anything please let us know, we never seem to get any feed back and this is a common situation.

 

I know Hacking has a few of these and he certainly has not suggested a solution.

[MSFam<3 5]

4 hours ago, Boiler said:

If you find out anything please let us know, we never seem to get any feed back and this is a common situation.

 

I know Hacking has a few of these and he certainly has not suggested a solution.

Yes I spoke with him and he seems to think it’s hopeless 

[Boiler 45,940]

Well apart from one copied Facebook post which raises more questions than answers I would tend to agree.

 

That Facebook timeline essentially states that not only did they ignore the marriage issues but also the Misrepresentation, the timeline did not include a waiver.

 

If it is true somebody won the lottery.

 

Hacking said he had a case and so did his wife, so if it is hopeless what are they doing?