No detail given on Misrepresentation 212(a)(6)(C)(I) on the refusal letter

[John & Rose 7,239]

10 minutes ago, GreenDoggie said:

We disclosed it-on the I-130, probably-from the beginning. We sent court records and police/sheriff records from where we thought we needed them from when we got a "request for additional documents" from the embassy regarding that case against me that later got dropped. 

There are no petitioner criminal record questions in the I-130. That is only for K-1 and the I-129f. 

[Cathi 5,715]

53 minutes ago, PBoland said:

https://visarefusal.com/inadmissibility/material-misrepresentation-fraud/
 

You stated that something in the application was ‘left blank’ - that is NOT a material misrepresentation.  It’s not a representation at all.  That better be the crux of your attorney’s motion.  Good luck.

 

No, he stated something on the denial letter was left blank, not on the application.

[GreenDoggie 9]

On 10/1/2021 at 7:17 AM, pushbrk said:

Sounds right.  I would just add that it would be an immigration related government authority, Dept. of State, or Homeland Security/INS/CBP.

Could "another agency" mean a CO from another consulate? My K-1 visa interview was in Tokyo, Japan, but there was another interview for my daughter (and my US citizen husband's stepdaughter) in Shanghai, China. 

 

Here's why I ask: When I got married, my spouse tried to get my daughter US citizenship, since she is formally his stepdaughter. This was in Shanghai, China. It was such a long time ago, that I don't remember what form we filed. I-130, probably. During the interview-somewhere around 30-40 minutes into it-the CO who was interviewing us sounded out of touch and we were wondering if there was a misunderstanding somewhere. 

 

The CO started talking like she was the biological daughter. We corrected him-WE brought up that she's the stepdaughter, not the biological daughter! We were like "how come you didn't know? We gave you the birth certificate and it had the name of a different person!" 

 

I forgot who told us this, but he said that we checked off the box on the form-whichever one that was-as "daughter." My husband, when filling out the form, was thinking, "Yes, she's my daughter" as he checked off that box. There was no box on that question where he can mark "stepdaughter."

 

Fast forward to MY K-1 visa interview: The CO asked about this. We told him that there was nowhere to check "stepdaughter", so we checked off "daughter." We sent a copy of the birth certificate that had someone else's name as the father. We brought up the fact that she was the stepdaughter during the interview to the CO, evidence that we weren't hiding anything. 

 

When I told this to my lawyer, she said that we're not in the wrong and the misrepresentation is NOT about this. 

 

However, if "another agency" can mean a CO from another embassy, I'm not so sure. 

[GreenDoggie 9]

20 minutes ago, John & Rose said:

There are no petitioner criminal record questions in the I-130. That is only for K-1 and the I-129f. 

I guess it wasn't in the I-130. We did state it somewhere though. Actually, my lawyer who did the paperwork did. She added in court records to that as well 

[lloy0076 6]

Without being the DHS itself (or a relevant party with sufficient information), it is difficult to say why the field might be blank.

 

It could be as simple as "someone forgot to fill it out and the computer allows them to submit the form / or they didn't check some paperwork properly" in which case it becomes a case of trying to politely tell USCIS to fix the mistake. If they'll even admit/confess to making one (they won't - they'd likely just claim to add it in or it'd mysteriously appear in the right place later).

 

That said, things only need to be legally true - as a lawyer once advised me, "It is important to tell the truth at all times, but you need to make sure you tell the legal truth." And with the INA, if you confess to "thing A" or "thing A1", even though a lay person (i.e., not a lawyer) might think they are the same, one could trigger a determination of inadmissibility and the other could be covered by a waiver.

 

It is quite possibly just an administrative hiccough; or something that the original poster may have said, or written down, to any US agency (USCIS or otherwise), or the sponsor; I believe they would have to give an actual reason if pressed in immigration court to do so but that's the problem - getting them to that stage can take time, money and a lot of stress.

Edited October 4, 2021 by lloy0076
Spelling / Grammar (I hate bad both - haha)

[Boiler 44,953]

How  can she be his step daughter and you are applying for a K1?

[John & Rose 7,239]

18 minutes ago, GreenDoggie said:

I guess it wasn't in the I-130. We did state it somewhere though. Actually, my lawyer who did the paperwork did. She added in court records to that as well 

For K-1 it is the I-129f. For spousal it is the I-130. Maybe this is all on the lawyer. 

[Redro 4,609]

23 minutes ago, GreenDoggie said:

Could "another agency" mean a CO from another consulate? My K-1 visa interview was in Tokyo, Japan, but there was another interview for my daughter (and my US citizen husband's stepdaughter) in Shanghai, China. 

 

Here's why I ask: When I got married, my spouse tried to get my daughter US citizenship, since she is formally his stepdaughter. This was in Shanghai, China. It was such a long time ago, that I don't remember what form we filed. I-130, probably. During the interview-somewhere around 30-40 minutes into it-the CO who was interviewing us sounded out of touch and we were wondering if there was a misunderstanding somewhere. 

 

The CO started talking like she was the biological daughter. We corrected him-WE brought up that she's the stepdaughter, not the biological daughter! We were like "how come you didn't know? We gave you the birth certificate and it had the name of a different person!" 

 

I forgot who told us this, but he said that we checked off the box on the form-whichever one that was-as "daughter." My husband, when filling out the form, was thinking, "Yes, she's my daughter" as he checked off that box. There was no box on that question where he can mark "stepdaughter."

 

Fast forward to MY K-1 visa interview: The CO asked about this. We told him that there was nowhere to check "stepdaughter", so we checked off "daughter." We sent a copy of the birth certificate that had someone else's name as the father. We brought up the fact that she was the stepdaughter during the interview to the CO, evidence that we weren't hiding anything. 

 

When I told this to my lawyer, she said that we're not in the wrong and the misrepresentation is NOT about this. 

 

However, if "another agency" can mean a CO from another embassy, I'm not so sure. 

What was the outcome of the K1 visa interview in Tokyo, Japan? And your daughter's interview in Shanghai China? Was she applying for an K2 or IR2?  Were you able to immigrate to the States at that time? Or are the interviews you mentioned related to this refusal letter?

Edited October 4, 2021 by Kor2USA

[Ife2020 37]

12 hours ago, John & Rose said:

If there is one thing we know for sure is there is always more to the story. There may be facts that haven’t been mentioned yet. I do know that this is serious and they do look for complete honesty in this process, especially with K-1 where they have a legal obligation to protect an unsuspecting beneficiary. I know I was wrong and no matter how it happened and who’s advice I was following, it was ultimately my mistake as I signed the petition. I was responsible for what is in it. 
 

It seems like the OP already had challenges even before this petition happened. The government saves all the information and it can come back to bite ‘em. 

Hello. If yu don’t mind me asking, at what point do USCIS ask yu about your, petitioner, criminal history? I’m looking at my I-130 petition, and I don’t see a question regarding that. Is that a question that they ask further down the line, maybe on another form?

[Redro 4,609]

56 minutes ago, GreenDoggie said:

Could "another agency" mean a CO from another consulate? My K-1 visa interview was in Tokyo, Japan, but there was another interview for my daughter (and my US citizen husband's stepdaughter) in Shanghai, China. 

 

Here's why I ask: When I got married, my spouse tried to get my daughter US citizenship, since she is formally his stepdaughter. This was in Shanghai, China. It was such a long time ago, that I don't remember what form we filed. I-130, probably. During the interview-somewhere around 30-40 minutes into it-the CO who was interviewing us sounded out of touch and we were wondering if there was a misunderstanding somewhere. 

 

The CO started talking like she was the biological daughter. We corrected him-WE brought up that she's the stepdaughter, not the biological daughter! We were like "how come you didn't know? We gave you the birth certificate and it had the name of a different person!" 

 

I forgot who told us this, but he said that we checked off the box on the form-whichever one that was-as "daughter." My husband, when filling out the form, was thinking, "Yes, she's my daughter" as he checked off that box. There was no box on that question where he can mark "stepdaughter."

 

Fast forward to MY K-1 visa interview: The CO asked about this. We told him that there was nowhere to check "stepdaughter", so we checked off "daughter." We sent a copy of the birth certificate that had someone else's name as the father. We brought up the fact that she was the stepdaughter during the interview to the CO, evidence that we weren't hiding anything. 

 

When I told this to my lawyer, she said that we're not in the wrong and the misrepresentation is NOT about this. 

 

However, if "another agency" can mean a CO from another embassy, I'm not so sure. 

The i130 has a spot to check stepchild/ stepparent (Part 1 Relationship).

 

[John & Rose 7,239]

20 minutes ago, Ife2020 said:

Hello. If yu don’t mind me asking, at what point do USCIS ask yu about your, petitioner, criminal history? I’m looking at my I-130 petition, and I don’t see a question regarding that. Is that a question that they ask further down the line, maybe on another form?

It is only on the I-129f for K-1.  Due to the Adam Walsh Act, USCIS has some responsibility to make sure the beneficiary has a good idea of who their future partner is.  Once married that is not required per the Act.

[Mike E 11,732]

55 minutes ago, Boiler said:

How  can she be his step daughter and you are applying for a K1?

Thread.   
 

game set match.  
 

We have a winner.  
 

State believes from the prior application that OP is married.  

[Ife2020 37]

45 minutes ago, John & Rose said:

It is only on the I-129f for K-1.  Due to the Adam Walsh Act, USCIS has some responsibility to make sure the beneficiary has a good idea of who their future partner is.  Once married that is not required per the Act.

Ohhh that makes sense. Thank yu!

[Ife2020 37]

1 hour ago, GreenDoggie said:

Could "another agency" mean a CO from another consulate? My K-1 visa interview was in Tokyo, Japan, but there was another interview for my daughter (and my US citizen husband's stepdaughter) in Shanghai, China. 

 

Here's why I ask: When I got married, my spouse tried to get my daughter US citizenship, since she is formally his stepdaughter. This was in Shanghai, China. It was such a long time ago, that I don't remember what form we filed. I-130, probably. During the interview-somewhere around 30-40 minutes into it-the CO who was interviewing us sounded out of touch and we were wondering if there was a misunderstanding somewhere. 

 

The CO started talking like she was the biological daughter. We corrected him-WE brought up that she's the stepdaughter, not the biological daughter! We were like "how come you didn't know? We gave you the birth certificate and it had the name of a different person!" 

 

I forgot who told us this, but he said that we checked off the box on the form-whichever one that was-as "daughter." My husband, when filling out the form, was thinking, "Yes, she's my daughter" as he checked off that box. There was no box on that question where he can mark "stepdaughter."

 

Fast forward to MY K-1 visa interview: The CO asked about this. We told him that there was nowhere to check "stepdaughter", so we checked off "daughter." We sent a copy of the birth certificate that had someone else's name as the father. We brought up the fact that she was the stepdaughter during the interview to the CO, evidence that we weren't hiding anything. 

 

When I told this to my lawyer, she said that we're not in the wrong and the misrepresentation is NOT about this. 

 

However, if "another agency" can mean a CO from another embassy, I'm not so sure. 

How can your fiancé’ be the stepfather if you’re not married? That does sound like misrepresentation, or atleast where the disconnect is.

[Ife2020 37]

58 minutes ago, Kor2USA said:

The i130 has a spot to check stepchild/ stepparent (Part 1 Relationship).

 

She didn’t file I-130…she filed k-1…which is why they’re saying there’s misrepresentation. Saying the kid is the stepchild makes it look like they’re married.