Waiver and revoke

[Family 3,988]

2 minutes ago, Crazy Cat said:

Agree.  I'm not sure what the best path forward is.....refile another I-130?  

Not before a good attorney has a chance to review the NOIR issues on the one revoked  and find a way around them…because now any new filing will look at prev NOIR and not even make it to the gate…. 

[Timona 4,207]

Regardless of NOIR /NOID, where were you going to get "the proper divorce certificate" from? You were never married. 

 

We've never got a feedback on this here on VJ...

[Crazy Cat 41,886]

1 minute ago, Family said:

Not before a good attorney has a chance to review the NOIR issues on the one revoked  and find a way around them…because now any new filing will look at prev NOIR and not even make it to the gate…. 

Definitely, an interesting case...and a money maker for some attorney.

[davidvs 337]

4 minutes ago, Don Benny gold said:

Yes you are right you are very intelligent .they kinda ignoring the i130 because they didn't represent me on there

So the lawyer was not involved in the original I-130, so they don't want to touch it.

 

Was the 601 filed strictly for the marriage misrepresentation, or were there other issues as well?

[Don Benny gold 3]

2 minutes ago, davidvs said:

How would someone reply to this NOIR? 

 

If they are asking for a non-existent divorce decree, are you supposed to reply that there is none, and that you previously committed visa fraud, but have requested a waiver?

 

Seems to me that a reply like that would have the same result as not bothering to reply. 

 

I'm not sure there was anything for the lawyer to do. These situations never end well.

Exactly now you are getting there . my wife told me to ignore the whole thing that its just a chance they givng me to come correct and also a trap to implicate my self the more so she said since I was giving a waiver we should focus on that and I have also said the truth on there and also not everyone was giving the waiver some people commited the same act and was not even given the waiver option

[Don Benny gold 3]

Just now, davidvs said:

So the lawyer was not involved in the original I-130, so they don't want to touch it.

 

Was the 601 filed strictly for the marriage misrepresentation, or were there other issues as well?

No other issues at all just base on the misrepresentation

[Crazy Cat 41,886]

1 minute ago, Don Benny gold said:

Exactly now you are getting there . my wife told me to ignore the whole thing that its just a chance they givng me to come correct and also a trap to implicate my self the more so she said since I was giving a waiver we should focus on that and I have also said the truth on there and also not everyone was giving the waiver some people commited the same act and was not even given the waiver option

Where did you wife get her law degree?  You need a very, very experienced attorny.

[Don Benny gold 3]

3 minutes ago, Crazy Cat said:

Where did you wife get her law degree?  You need a very, very experienced attorny.

That's what the lawyer said and she explained it to me

[Crazy Cat 41,886]

Just now, Don Benny gold said:

That's what the lawyer said and she explained it to me

The same lawyer which basically killed your whole case?

[Don Benny gold 3]

I begged her to let us reply to the NIOR but I don't know .she uses my mistake to over shadow my decision ... Like am not making the right decusion again

[Family 3,988]

8 minutes ago, Don Benny gold said:

Yes you are right you are very intelligent .they kinda ignoring the i130 because they didn't represent me on there

It does NOT take them off the hook and are still responsible for the legal advice you were given..so take action , send email to attorney requesting complete copy of your file , say you have not reached them and do I a little recap of answers they gave you verbatim ( quote them ) if you can remember…

 

 

 

[Boiler 45,525]

I have never seen this combination, I doubt many Immigration Lawyers have.

 

Normally i this sort of situation you do not get as far an the interview and being given the opportunity of being able to file a waiver, they just wait for the Divorce Decree which can never be supplied.

 

I am guessing, but I assume in this case they made a mistake and belatedly realised and send back the I 130 and issued the NOIR knowing it could not be responded to so that they could then close the I 130 and the waiver is then moot.

 

You need a Lawyer who knows what they are doing, not a DIY site. My thought would have been to respond to the NOIR stating there is no divorce as there was no marriage and a waiver has been filed but sounds like that is too late and I do not now if that would have worked.

[Boiler 45,525]

6 minutes ago, Family said:

It does NOT take them off the hook and are still responsible for the legal advice you were given..so take action , send email to attorney requesting complete copy of your file , say you have not reached them and do I a little recap of answers they gave you verbatim ( quote them ) if you can remember…

That depends, if they were employed to prepare and submit the I 601 only and they did that they have fulfilled their obligation, I am not sure what a copy of the file would do, the issue is not with the I 601 but the I 130 and it seems the Lawyer was not involved with that. Hopefully they have a copy of the I 601 anyway.

[Crazy Cat 41,886]

5 minutes ago, Boiler said:

I am guessing, but I assume in this case they made a mistake and belatedly realised and send back the I 130 and issued the NOIR knowing it could not be responded to so that they could then close the I 130 and the waiver is then moot.

That is a good explanation.....

[Family 3,988]

18 minutes ago, Don Benny gold said:

said since I was giving a waiver we should focus on that and I have also said the truth on there and also not everyone was giving the waiver some people commited the same act and was not even given the waiver option

I cannot tell who said that to you but it does not work that way. When you are found inadmissible ( refused) , they mark a Section of the Law that your inadmissibility falls under. IF that Section allows for Waivers and you have a Qualifying Relative ( petitioner)..they add/ check a little box that says I-601 available.

 

AND very often THEY omit / forget to add / check the little box. At which point , the others or their attorney would ask/ challenge Consulate for a corrected Refusal Letter.