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

[Family 3,842]

I believe there are some unspoken rules of this forum that state posters statements should be accepted at face value. 

OP don’t get discouraged or sidetracked , you are on the right path and challenging the inadmissibility directly with the Consulate is your next step. 

You should also send it to Legal Net , see link 

https://fam.state.gov/fam/09FAM/09FAM010304.html

 

Although you have been out of the US for a bit, try googling the Congressman for your most recent US address and ask for help. Just download their case authorization, email and follow up with a phone call. 

There have been successful DIY challenges as @slavaskii is an example.

[limegreenbowler 45]

The easiest course of action is just to get an I-601 and then continue with consular processing. If you believe the finding was made in error, the consulate cannot help you because DHS made it, and the State Department cannot overturn this--they have to defer to decisions made by other agencies, even if they believe them to be incorrect. If you truly believe there isn't more to the story and 6C1 was made in error, you need to take it up with DHS to have it removed. 

[slavaskii 886]

20 minutes ago, Family said:

I believe there are some unspoken rules of this forum that state posters statements should be accepted at face value. 

OP don’t get discouraged or sidetracked , you are on the right path and challenging the inadmissibility directly with the Consulate is your next step. 

You should also send it to Legal Net , see link 

https://fam.state.gov/fam/09FAM/09FAM010304.html

 

Although you have been out of the US for a bit, try googling the Congressman for your most recent US address and ask for help. Just download their case authorization, email and follow up with a phone call. 

There have been successful DIY challenges as @slavaskii is an example.

As a heads up: I'm not the right person to tag here, I had a very simple K1 journey (I'm 23 and never married previously!). 

[Family 3,842]

1 hour ago, slavaskii said:

As a heads up: I'm not the right person to tag here, I had a very simple K1 journey (I'm 23 and never married previously!). 

Forgive me…meant @SkolVikes

[Family 3,842]

2 hours ago, limegreenbowler said:

The easiest course of action is just to get an I-601 and then continue with consular processing. If you believe the finding was made in error, the consulate cannot help you because DHS made it, and the State Department cannot overturn this--they have to defer to decisions made by other agencies, even if they believe them to be incorrect. If you truly believe there isn't more to the story and 6C1 was made in error, you need to take it up with DHS to have it removed. 

You are right. In the old thread there was indication the attorney had drafted an I-601 but was holding out for the details of the the unnamed agency and allegations…hopefully he signs in again and reads your recommendation, if it hasn’t been filed. 
 

But I cannot think of a mechanism to take up anything w DHS now that so many years have past.
 

Edited October 12, 2022 by Family

[Mel.King 23]

8 hours ago, Misscloud said:

5 hours ago, Zoeeeeeee said:

 

 

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. 

 

Yes, this! For me, the date that my marriage was registered is my date of marriage - but this was not the same day we exchanged vows.  We registered the marriage first and later did the ceremony. But on my official marriage certificate the date is listed as the day we registered the marriage.

 

What is weird is how the lawyers and the OP's first husband, the USC, all got this confused. 

 

So it makes me think we also don't have the whole story. Maybe they knew they were 3 days late, and tried to play it like the marriage was August 1st. 

[Zoeeeeeee 797]

2 hours ago, Mel.King said:

Yes, this! For me, the date that my marriage was registered is my date of marriage - but this was not the same day we exchanged vows.  We registered the marriage first and later did the ceremony. But on my official marriage certificate the date is listed as the day we registered the marriage.

 

What is weird is how the lawyers and the OP's first husband, the USC, all got this confused. 

 

So it makes me think we also don't have the whole story. Maybe they knew they were 3 days late, and tried to play it like the marriage was August 1st. 

We actually 'registered' our marriage (and by that, I mean signed the license in front of our officiant and a witness) before our wedding too, because we wanted to get the AOS process rolling. We did no vows, we literally just signed it - and then we had a big wedding, with a white dress, vows, weeping mothers and mothers-in-law, etc, a couple of months later (but of course we didn't sign or register anything, because it was already done). 

 

Again, only the OP and OP's wife really know what happened - but I feel like the wording he's used (saying they considered the marriage registered, because that was the day they went to court), sounds more to me like that was the day they got their marriage license. Which would then explain why their marriage date is actually listed a few days later, when they did their vows (and presumably signed the license).

[GreenDoggie 9]

To All: Thanks for all your input, but I figure the best thing to do is wait for the files to come from my ex-lawyer and see what happened on that day. We're going on memory; and my wording of the situation isn't helping. 

[limegreenbowler 45]

2 hours ago, Family said:

You are right. In the old thread there was indication the attorney had drafted an I-601 but was holding out for the details of the the unnamed agency and allegations…hopefully he signs in again and reads your recommendation, if it hasn’t been filed. 
 

But I cannot think of a mechanism to take up anything w DHS now that so many years have past.
 

This is exactly right--there's no easy mechanism to challenge a nearly 20 year old finding by DHS. Normally, an attorney would raise these concerns during the waiver process, which USCIS would take into account and may just decide to remove the incorrect finding (without reimbursing the fee!). If there are discrepancies between what the lawyer says in the waiver application versus what USCIS can see about what actually happened, however, it increases the chances for waiver denial. For that reason, it's better just to file a straightforward waiver request--a decent attorney should have a 90% or higher approval rate for waivers where the qualifying relative is a US citizen spouse, and it just makes it easier and less complicated for everyone. 

[Zoeeeeeee 797]

1 hour ago, GreenDoggie said:

To All: Thanks for all your input, but I figure the best thing to do is wait for the files to come from my ex-lawyer and see what happened on that day. We're going on memory; and my wording of the situation isn't helping. 

Good luck - hope everything works out for you both!

[GreenDoggie 9]

I got the file from our lawyer, and from what I can see, the misrepresentation didn't come from the marriage date. The paperwork showed the true marriage date, which was past the 90-day window. Thus, she did not willfully misrepresent herself. 

 

Since that wasn't it, I dove into her file for something that went wrong in Aug 1, 2006. I saw something interesting in the file my ex-lawyer got from FOIA. There were what appear to be a screenshots/printouts from TECS II (system used by border patrol for suspicious activities) that showed whatever recorded on that system was on Aug 1, 2006. However, due to (b)(6)(e) and (b)(6)(c), all important information was redacted. 

 

Since there's nothing else that I can find that occurred on Aug 1, 2006, this is all I have. I there any way I can get the info that was redacted?  

[Mike E 11,732]

10 minutes ago, GreenDoggie said:

There were what appear to be a screenshots/printouts from TECS II (system used by border patrol for suspicious activities) that showed whatever recorded on that system was on Aug 1, 2006. However, due to (b)(6)(e) and (b)(6)(c), all important information was redacted. 

1. Did she leave the USA after she entered on her K-1, before her I-485 was approved?

 

2. Did she have any foreign bank accounts that in total exceeded $10,000 USD equivalent? 
 

3. Did anyone from outside the USA visit her during that period?
 

 

Edited October 19, 2022 by Mike E

[GreenDoggie 9]

51 minutes ago, Mike E said:

1. Did she leave the USA after she entered on her K-1, before her I-485 was approved?

 

2. Did she have any foreign bank accounts that in total exceeded $10,000 USD equivalent? 
 

3. Did anyone from outside the USA visit her during that period?
 

 

1. No. Also, her I-485 was NOT approved. 

 

2. Possibly, but she never had to disclose any bank account info to the US government. 

 

3. Her parents, who arrived before Aug 1. 

[Mike E 11,732]

24 minutes ago, GreenDoggie said:

1. No. Also, her I-485 was NOT approved.

So August 1 was the date her authorized stay on her K-1 would have expired.  
 

What I am left with is what was said between her and the CBP officer on the day she entered. Does the file say anything about May 3, 2006 when she would have entered?

 

After the I-485 was denied, when did she leave the USA?

 

Quote

 

3. Her parents, who arrived before Aug 1. 

Interesting and unusual for a K-1 to have  parents visit.  Her parents were also Chinese citizens correct? They would have needed B visas. Was the idea that they were coming to attend the wedding ceremony?

Edited October 19, 2022 by Mike E

[GreenDoggie 9]

17 minutes ago, Mike E said:

So August 1 was the date her authorized stay on her K-1 would have expired.  
 

What I am left with is what was said between her and the CBP officer on the day she entered. Does the file say anything about May 3, 2006 when she would have entered?

 

After the I-485 was denied, when did she leave the USA?

 

Interesting and unusual for a K-1 to have  parents visit.  Her parents were also Chinese citizens correct? They would have needed B visas. Was the idea that they were coming to attend the wedding ceremony?

Actually, the deadline to marry was on Aug 3rd. I'm assuming the K-1 visa expires the same date as the deadline to marry. 

 

She entered on May 5. There's nothing on file indicating any problem on that day. Also, the US consulate in Tokyo specifically told us that DHS found misrepresentation on Aug 1, 2006. 

 

I don't know the intents of her parents for coming to the US, but I assume they are for something like you said. And yes, they're Chinese citizens. They arrived some time in July, and the misrepresentation happened on Aug 1. As for her parents, they weren't mentioned in the files, so I don't think they have anything to do with it.