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

[lloy0076 6]

9 minutes ago, Ife2020 said:

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.

Aye, it has to be "legally true".

 

I typically would call my father's long term, domestic partner my "stepmother" but legally she wasn't and still isn't that (funnily enough they've now been together at least 10 years longer than his first marriage to my mother). But I'm not a "legal stepson" nor is she a "legal stepmother" even though we interact as such.

 

If you think your house is red and the entire country thinks your house is red but it is legally green, then you have to report it as green no matter how silly it sounds to one's self (or friends etc).

[Mike E 11,739]

17 minutes ago, Ife2020 said:

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

Both cannot be true.  Therefore at least one is misrepresentation.  
 

Also, possible consulate shopping.  

[Soloenta 2,218]

6 hours ago, GreenDoggie said:

Yes. Please tell me. 

https://www.shusterman.com/usimmigrationattorneycarlshusterman/

 

 

Lawyer used was, 
(removed)

Edited October 4, 2021 by Ontarkie
personal information removed

[arken 4,197]

31 minutes ago, Mike E said:

Both cannot be true.  Therefore at least one is misrepresentation.  
 

Also, possible consulate shopping.  

OP has said she was married and hence the stepdaughter petition by then USC husband. That was long time ago, probably divorced later.

This current USC fiance seems to be different than her ex USC husband. Anyway, OP putting her immigration history in piecemeal isn't helping but creating even more confusion.

[arken 4,197]

51 minutes ago, Ife2020 said:

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.

The i130 clarification on having option to check stepdaughter was regarding the i130 petition by her then husband (likely ex husband now) for her daughter long time ago.

[John & Rose 7,239]

Why is this so convoluted??  Oh, a lawyer did it.  Now it all makes sense.

 

[Boiler 45,488]

13 minutes ago, John & Rose said:

Why is this so convoluted??  Oh, a lawyer did it.  Now it all makes sense.

 

Actually the person I feel sorry for is the Lawyer trying to work through all this, hopefully being paid by the hour.

[pushbrk 12,882]

7 hours 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. 

No, and if you were in a K1 visa process, your daughter was not yet HIS stepdaughter.  Words mean things.  Read them carefully, interpret literally (as opposed to in a way convenient to your agenda) and answer accurately.

[Allaboutwaiting 2,503]

13 minutes ago, pushbrk said:

No, and if you were in a K1 visa process, your daughter was not yet HIS stepdaughter.  Words mean things.  Read them carefully, interpret literally (as opposed to in a way convenient to your agenda) and answer accurately.

She's talking about a previous petition and her now former husband. 

[Redro 4,611]

 

2 hours ago, pushbrk said:

No, and if you were in a K1 visa process, your daughter was not yet HIS stepdaughter.  Words mean things.  Read them carefully, interpret literally (as opposed to in a way convenient to your agenda) and answer accurately.

@GreenDoggie are you currently married to the petitioner? 

Has a petition been filed for you previously or is this the first time you've applied for a K1 or CR1/IR1 visa? 

[GreenDoggie 9]

16 hours ago, Boiler said:

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

I am SUCH AN IDIOT!!!

 

I meant my visa is a IR-1. 

 

IR-1! I caused so much confusion downstream... Again, I'm an idiot...Apologies to all who are trying to help me, but getting in your way...

[GreenDoggie 9]

16 hours ago, Kor2USA said:

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

 

If this is what it looks like IF I filed a I-130, then I'm in the wrong.

 

However, I don't remember what form I filed. Is there a way to find out from the embassy? If I can, then it'll answer my question. 

[GreenDoggie 9]

9 hours ago, pushbrk said:

No, and if you were in a K1 visa process, your daughter was not yet HIS stepdaughter.  Words mean things.  Read them carefully, interpret literally (as opposed to in a way convenient to your agenda) and answer accurately.

I made a mistake earlier. Mine is a IR-1 visa. NOT a K-1.

 

I'm such an idiot to make this huge of a mistake that mislead people trying to help. My apologies. 

 

When you said "no." Do you mean, "No, a CO from another consulate DOES NOT mean 'another agency'".

[pushbrk 12,882]

2 minutes ago, GreenDoggie said:

I made a mistake earlier. Mine is a IR-1 visa. NOT a K-1.

 

I'm such an idiot to make this huge of a mistake that mislead people trying to help. My apologies. 

 

When you said "no." Do you mean, "No, a CO from another consulate DOES NOT mean 'another agency'".

Yes, that's what I mean by "no".

[Allaboutwaiting 2,503]

13 minutes ago, GreenDoggie said:

I made a mistake earlier. Mine is a IR-1 visa. NOT a K-1.

 

I'm such an idiot to make this huge of a mistake that mislead people trying to help. My apologies.

If you still want members to help, maybe open another thread with correct/accurate information and more details, as this one is an unintelligible huge mess.