Response to 212(a)(6)(C)(I)

[GreenDoggie 9]

This is a continuation from a thread made a year ago: https://www.visajourney.com/forums/topic/771682-no-detail-given-on-misrepresentation-212a6ci-on-the-refusal-letter/page/6/?tab=comments#comment-10554302

 

However, I'm going to post this like I'm talking about it for the first time. 

 

Overview:

Visa type: IR-1 (petitioner is my wife)

 

Timeline (truncated) 

A. Jul 22, 2019: Visa interview at US consulate in Tokyo (petitioner is a Chinese citizen)

 

B. 2019-2021: A few 221(g) Requests for more documents, to which we complied.

 

C. Jul 12, 2021:  Visa denied due to: 

     #1: 212(a)(9)(8)(i)(II), but the bar lifted on Sep 22, 2022, so that's no longer an issue. 

     #2: 212(a)(6)(C)(I)

 

D. 2021-2022: My lawyer at the time asked the consulate for more details about 212(a)(6)(i), but they only replied, ..."based on findings from another agency." Despite multiple attempts, the consulate REFUSED to give any detail, leaving us in the dark about how we can craft a response. We decided to wait for the bar to lift before she acts.

 

E. Sep 17, 2022: Found that my lawyer has a terminal illness and she is closing her practice. 

 

F. Sep 20, 2022: I asked the Tokyo consulate for details on 212(a)(6)(C)(I), to which they replied, "The Department of Homeland Security found you ineligible under INA 212(a)(6)(C)(i) for willful, material misrepresentation on August 1, 2006." Funny how when my lawyer asked, she gets nothing but when I do it, they throw me a bone. Why? Dumb luck? Or are they on guard against lawyers? Or something else?

 

================================================================================

 

So what happened on Aug 1st, 2006 and why I think DHS sees it as fraud: In 2006,  she was in the US with a K-1 visa to marry an American citizen (which she divorced later). She APPLIED to marry in California on Aug 1, 2006, which was also the DEADLINE to marry based on the K-1 visa. However, the county in California REGISTERED her as married on Aug 4, 2006. Thus, USCIS declared that she was past the deadline and didn't grant her a green card. It was an honest mistake, not willful misrepresentation or fraud. 

 

Simple misunderstanding, right? Maybe I should write a motion to reconsider the 212(a)(6)(C)(I) explaining what I wrote above since my lawyer is closing her practice, and I feel that this is the last hurdle to getting the visa. 

 

One lawyer I spoke to briefly to said that this is complicated, but she might have said that so she can make me a client. What do you all think? 

 

Thank you in advance. 

[Mike E 11,732]

If the petitioner is your wife and she was denied a green card back in 2006 how is she your petitioner?

[GreenDoggie 9]

2 minutes ago, Mike E said:

If the petitioner is your wife and she was denied a green card back in 2006 how is she your petitioner?

Her second marriage; her 2nd try as a petitioner through me. 

 

I'm sorry I didn't make this clear in my original post. 

[Mike E 11,732]

2 minutes ago, GreenDoggie said:

Her second marriage; her 2nd try as a petitioner through me. 

 

I'm sorry I didn't make this clear in my original post. 

Not following it.  
 

Is your petitioner a U.S. citizen?

[GreenDoggie 9]

She was engaged to a US citizen in 2006, and went to the US with a K-1 visa. She married, then later divorced. She married past the deadline, and her green card was denied because of that. 

 

She married me, her second husband. That was in 2012. We're currently trying for IR-1. 

 

Her first attempt at a green card with her previous husband is closed. Currently, we are trying to get her an IR-1 visa. 

 

Two seperate cases. 

[Family 3,842]

Well, the section 

22 minutes ago, GreenDoggie said:

2021-2022: My lawyer at the time asked the consulate for more details about 212(a)(6)(i), but they only replied, ..."based on findings from another agency

 

25 minutes ago, GreenDoggie said:

The Department of Homeland Security found you ineligible under INA 212(a)(6)(C)(i) for willful, material misrepresentation on August 1, 2006

Is this a Letter / email from the Consulate addressed to You=Beneficiary? 
 

Where were you on the night of August 1, 2006?…..

[Mike E 11,732]

1 minute ago, GreenDoggie said:

 . Currently, we are trying to get her an IR-1 visa. 

. 

 

30 minutes ago, GreenDoggie said:

 

Visa type: IR-1 (petitioner is my wife)

Both of these cannot be true. 

[Family 3,842]

OP is USC Petitioner 

Wife = Beneficiary is in China .

 

Wife has fraud / misrep related to her K-1 visa from 2006 and first marriage 

 

 

[GreenDoggie 9]

6 minutes ago, Mike E said:

 

Both of these cannot be true. 

I'm sorry, there is a technical issue in immigration that I'm not understanding. 

[Family 3,842]

10 minutes ago, GreenDoggie said:

She was engaged to a US citizen in 2006, and went to the US with a K-1 visa. She married, then later divorced. She married past the deadline, and her green card was denied because of that.

There is more to the fraud finding than the “ late” marriage outside the 90 day window….what details has your wife told you about her first K-1 application , DETAILS of  denial of green card and her leaving the US

You married her in 2012, are you also  living in China since then? 

[GreenDoggie 9]

11 minutes ago, Family said:

Well, the section 

 

Is this a Letter / email from the Consulate addressed to You=Beneficiary? 
 

Where were you on the night of August 1, 2006?…..

Technically, it was an email addressed to my wife, the petitioner. 

 

I did not know her in 2006. We didn't know each other at the time. 

[Family 3,842]

Please confirm: Are you the US Citizen ? 
 

[Mike E 11,732]

2 minutes ago, GreenDoggie said:

I'm sorry, there is a technical issue in immigration that I'm not understanding. 

If you are a U.S. citizen then you are the petitioner and your wife is the beneficiary.  
 

1. I will rephrase @Family’s question: where was your wife on August 1, 2006?

 

2. In 2006, when she filed I-485, did she send a true and unaltered  photo copy of marriage certificate to her spouse at the time?

 

3. Did submit an FOIA of her immigration from from USCIS?

[GreenDoggie 9]

1 minute ago, Family said:

There is more to the fraud finding than the “ late” marriage outside the 90 day window….what details has your wife told you about her first K-1 application , DETAILS of  denial of green card and her leaving the US

You married her in 2012, are you also  living in China since then? 

What she told me, I wrote in my original post. The law firm that used to work on our case is sending me her file along with findings from FOIA. Maybe I'll there's more to find in there. 

 

The consulate said specifically that the willful, material representation was found on Aug 1, 2006, so I was focusing on that one date. 

 

Married in 2012. Moved to China, then to Japan where we are currently. 

[GreenDoggie 9]

Just now, Mike E said:

If you are a U.S. citizen then you are the petitioner and your wife is the beneficiary.  
 

1. I will rephrase @Family’s question: where was your wife on August 1, 2006?

 

2. In 2006, when she filed I-485, did she send a true and unaltered  photo copy of marriage certificate to her spouse at the time?

 

3. Did submit an FOIA of her immigration from from USCIS?

I'm sorry. I thought I was called "Sponsor." Duly noted. 

 

1. California

 

2. I assume so. I wouldn't see why she wouldn't, unless she made a mistake. 

 

3. My ex-lawyer did, which she'll be sending me a copy of. 

7 minutes ago, Family said:

Please confirm: Are you the US Citizen ? 
 

Yes.