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

[Mike E 11,739]

1 hour ago, Boiler said:

My guess is that it is something else, as has been mentioned marrying at 94 days just needs another form.

 

 

Lost in the shuffle is why didn’t she and her first husband file an I-130 / I-485 package? Had she done so, she has a green card today and there is no reason for these two threads.  
 

 

[Boiler 45,487]

Just now, Mike E said:

Lost in the shuffle is why didn’t she and her first husband file an I-130 / I-485 package? Had she done so, she has a green card today and there is no reason for these two threads.  

Ignorance, marriage falling apart, or the OP does not have the full story.

[Marieke H 2,498]

Could it have been something that she stated in the forms when they got the marriage license? I vaguely remember having to fill out a form when we got our license; did she maybe misrepresent herself in that form, like claiming to be a citizen?

[Mike E 11,739]

17 minutes ago, Boiler said:

Ignorance, marriage falling apart, or the OP does not have the full story.

I just reread the original thread and I’m even more confused than ever.  
 

There are multiple unanswered questions from that thread too. 
 

Occam’s Razor would say ignorance or broken marriage but this is entire saga is so complex  that I don’t think the simplest explanation applies. 

Edited October 11, 2022 by Mike E

[Boiler 45,487]

Just now, Mike E said:

I just reread the original thread and I’m even more confused than ever.  
 

There are multiple unanswered questions from that thread too. 
 

Occam’s Razor would say ignorance or broken marriage but this is entire saga is so donkeys that I don’t think the simplest explanation applies. 

Agree

 

Should have said just the first 3 things that came to mind.

[Verrou 1,962]

the one that doesnt make sense is : " wife go to court that day and think she married on august 1st because that is the day when she go to court" unless she cant speak english at all 100% there's no way she didnt know that she didn't change vow that day. even if she cant speak english at all, ex husband must know about it and tell her that august 1st, 2006 is the day they registered the marriage and not the marriage date itself. unless both of them doesnt speak english at all ( then it makes even impossible)

 

to answer OP question, get a great lawyer, real immigration lawyer. 

Edited October 11, 2022 by Misscloud

[Family 3,988]

1 minute ago, Misscloud said:

even if she cant speak english at all, ex husband must know about it and tell her that august 1st, 2006 is the day they registered the marriage and not the marriage date itself. unless both of them doesnt speak english at all ( then it makes even impossible)

 

to answer OP question, get a great lawyer, real immigration lawyer. 

It was a real immigration lawyer that “ saw” and read the dates on the marriage certificate…completed the forms , had OP and then spouse pay and $ign ….AND also failed to simply Re submit I-485 and I-130 after quick denial of the 1st badly done 

[Family 3,988]

Just now, Family said:

to answer OP question, get a great lawyer, real immigration lawyer. 

It was a real immigration lawyer that in OPs first thread , did not understand that she did not need the “ details “ of the fraud/misrep finding in order to successfully file the I-601…!

[Family 3,988]

10 hours ago, GreenDoggie said:

Thank you to all for your replies. I got some researching to do.

Add a a bit more to your reading and necessary new vocabulary as you tackle the meaning of “ willful “ “material” …from the previous links , this helpful thread by @Mike E you can borrow a few choice phrases about the Consulate’s lack of transparency 
 

 

 

9th Circuit rules U.S. citizens can challenge doctrine of consular non reviewability

By Mike E,  Thursday at 12:19 PM in US Immigration News and Discussion

[Verrou 1,962]

1 hour ago, Family said:

It was a real immigration lawyer that in OPs first thread , did not understand that she did not need the “ details “ of the fraud/misrep finding in order to successfully file the I-601…!

what i meant is many real immigration lawyer out there is not great. i currently have the bad one too

[Cathi 5,748]

5 hours ago, Jorgedig said:

How can someone not know the date of their actual wedding?    And it isn’t a case of remembering to way back…..this date would have been noted on the forms at the time.

 

There’s you  fraud- mismatch on what she claimed and what the documents say.

My thoughts exactly. If there was a wedding on the 4th then you would obviously know that's the day you were married.

[Cathi 5,748]

2 hours ago, Boiler said:

Ignorance, marriage falling apart, or the OP does not have the full story.

I vote for not having the full story.

[Zoeeeeeee 797]

I think the wording you/your wife are using probably isn't helping matters.

 

You're referring to 1st August as being the day she 'registered' the marriage...but that they didn't do the vows until 4th August. 

 

Now, you don't have to say vows to get married. I didn't. What you do have to do is sign the marriage license and then whoever married you (officiant presumably) would need to send off the form. 

 

What your wife did on 1st August was obtain her wedding license - well, that's what I assume, from what you're saying. That's what you go to 'court' to do. You obviously can sign the form there and then and then you are married on the same day - but it doesn't sound like that's what she did, as she did vows 3 days later.

 

I just wanted to highlight that obtaining a wedding license is NOT the same as registering a marriage - in much the same way as booking a hair appointment is not the same as actually having your hair cut. Getting the license enables you to get married - registering the marriage happens after you've actually done the deed and signed the form. 

 

Flagging this, because it may help you avoid further confusion when having this conversation with a lawyer and/or USCIS. 

[Family 3,988]

44 minutes ago, Misscloud said:

what i meant is many real immigration lawyer out there is not great. i currently have the bad one too

I recall reading you are studying to be a lawyer and am sure you will be Great. …

[pushbrk 12,882]

Wording is an issue, but the OP definitely doesn't have the whole story.

 

Registering a marriage is what they call it in China.  There is no ceremony required, just an oath after getting the papers filled out properly.  Little booklets are prepared for each person and you walk out with them.  There are no guests or witnesses.  

 

Probably the whole story is being withheld to save face.