Waiver and revoke

[dwheels76 5,468]

48 minutes ago, nastra30 said:

Nonetheless, we've seen similar cases to yours on here occasionally and nobody ever comes back to update us on progress. I think yours has gone a little further in terms of progress to those similar cases so thanks for being receptive to our questions. I think your current I-130 petition is dead at this point though.

I so agree. Because this is the first misrep for fake documents I have seen offered a waiver. This is bad. But if waiver is approved looks like another I-130 needs to be submitted.
Are you from SA or elsewhere. This sounds like so many cases I know out of Nigeria.

[dwheels76 5,468]

50 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.

Should have responded that a waiver has been filed the receipt# to reference. Not responded basically says case closed we aren't interested in replying.

[JeanneAdil 6,498]

NOIR notices come with the following explanation:

 

Look at the specific issues alleged. The response will need to address each individual ground. Failing to respond to any of the issues listed will result in revocation, so it will be critical that as much information, documentation and affidavits are gathered and submitted on time to counter the allegations contained in the NOIR.

 

i don't see how you can overcome  this as USICS asks for divorce papers (specifically) and u can not provide them

 

Any time someone submits a U.S. visa or green card application that contains false information, it is considered a fraud against the U.S. government.

 

Now, if the USC wants to refile a spouse visa,  she needs a good competent attorney /one that will say honestly a visa will probably not be granted because of the misrepresentation along with the revoke of previous petition (s)

OR

 

she moves to SA to be with you 

[Family 3,988]

10 hours ago, Don Benny gold said:

What about the waiver already submitted if it gets approved because a USCIS agent said its approved but its not yet uploaded on the page

Edited 10 hours ago by Don Benny gold

1. https://egov.uscis.gov/e-request/displayNDNForm.do?sroPageType=ndn&entryPoint=init

You can fill out that e request and say you did not receive a COPY of the APPROVAL of the I-601

Fill out the same for the I-130 Revocation Decision 

 

2. File an E-29 ( Appeal the Decision on I-130 ) assuming your revocation for I-130 was issued by USCIS …It’s late filed but you can try . Assuming you relied on the legal advice from attorney, state exactly your facts and that you were told “ the waiver answered it” 

 

 

 

[Boiler 45,487]

The I601 has not been approved

[Family 3,988]

OP indicates USCIS agent told him it was approved. E request is quick , free and he can get a copy of both decisions. Til now has relied on what he was told by USCIS 

[Family 3,988]

OP indicates USCIS agent told him it was approved. E request is quick , free and he can get a copy of both decisions. Til now has relied on what he was told by USCIS 

 

Link to E-29 , not included above . https://www.uscis.gov/eoir-29
 late filed / Hail Mary.

[kokoro88 1]

Learning here...

 

Assume OP admitted about the misrep/fraud during the latest interview and he was granted waiver eligibility based on the facts (and there IS a waiver for misrep/fraud with QR), is it normal/fair for them to regret the decision and try other ways to end/deny this visa process? If the waiver eligibility was offered, can they take it back?

 

The only mistake here seems to be not responding timely to the NOIR, I think OP could have responded with the truth that he already told the VO about the fraud, there is no divorce decree and he submitted i601 waiver... if they really want to deny it then deny the i601.

 

However, from the comments the opinion seems to be that OP did not qualify for the waiver in the first place and that the NOIR is a common practice/tool to 'rectify' their bad decision.

Edited April 25, 2022 by kokoro88

[Boiler 45,487]

You can not waive a RFE

[Don Benny gold 3]

Am Thank you all for your prompt response and I believe we learn by others mistakes but I have a waiver that's the part I want y'all to understand .I was giving a waiver for a reason .I wouldn't have a waiver and I would have responded to the NIOr but since I got the waiver first to ask for pardon why would I still respond to a NIORD I Guess

Op is qualified for a waiver and he was giving a waiver at the interview

[Boiler 45,487]

It appears you have no approved I 130.

 

What do you plan to do next?

[Don Benny gold 3]

Let me rephrase.

 

My i130 was approved went for the interview consular found me ineligible and gave me a waiver after that I filed a waiver and waiting for an approval but during the awaiting of my waiver approval I got a NIOR which I never responded to because I already filed a waiver and I already told them the truth about what they asked for in the NIOR on my waiver . so am confused if the revoked update on my i130 that got updated recently Will affect my waiver,mind you waiver is a strong application to waive any inadmissibility and my arttoney said I should ignore that because its a normal thing for them to revoke that my waiver will reinstate my i130. Am reaching out because lawyers can be saying crazy things sometimes

[Redro 4,611]

36 minutes ago, Don Benny gold said:

Am Thank you all for your prompt response and I believe we learn by others mistakes but I have a waiver that's the part I want y'all to understand .I was giving a waiver for a reason .I wouldn't have a waiver and I would have responded to the NIOr but since I got the waiver first to ask for pardon why would I still respond to a NIORD I Guess

Op is qualified for a waiver and he was giving a waiver at the interview

It seems you lied about at least three things

1.) You lied and said you were married

2.) Then you submitted fake documents

3.) So you lied and said you were divorced (even though you had never been married)

 

Sometimes people are found inadmissible for several reasons. And waivers are offered for some offenses but not for others. 

Are you sure the waiver you were offered was because of the fake documents and not something else?

The submission of the waiver for misrep might just be about lying about your previous marriage but they might still want to see a real divorce decree. (two separate issues) And it appears you made a mistake by not responding to the NOIR.

 

Your waiver is based on the approved I-130. If they revoke the I-130 the waiver is no longer needed (as you have no pending immigrant application). 

 

This is just my understanding of the situation. I could have gotten a few things or maybe many things incorrect. 

 

Edited April 26, 2022 by ROK2USA

[Boiler 45,487]

I have never come across a I 601 reinstating a I 130. Can not think how that could happen.

 

A Law School Exam question.

[Don Benny gold 3]

Well I don't know am confused I just move on with my.life. I have spent almost $10k on this but I accept my faith