Marriage Visa refused based on misrepresentation at the time of previous K1 visa (same applicant)

[Luqmanahmed6753 1]

My whole story in short is that I am a US Citizen. I got engaged to someone in India in 2018 and filed for a K1 visa. Officer gave her a 221g stating your file is incomplete. Then they sent a letter stating that they are sending the file back to USCIS for possible revocation because the officer received information that shows the beneficiary is not eligible. USCIS then closed the case stating that the expiration period has passed and that all USCIS action in this matter is concluded. We consulted a lawyer and he advised us to get marrried and file for an immigrant visa. We got married in 2020 and filed. The interview was scheduled in February 2023 and the officer gave my wife a refusal based on misrepresentation and asked her to get a waiver. I reached out to my senator to try to find out the basis for this and the embassy replied: "applicant was found ineligible in March 2020 when she applied for a K1 visa. The consular officer at that time found that she had willfully misrepresented her marital status." I also emailed LegalNet, and they said: "applicant’s application was refused based on a finding originally made by USCIS, a part of DHS. Consular officers cannot remove an inadmissibility finding originally entered by DHS. If you wish to address the factual or legal basis of the ineligibility finding, you will need to contact DHS... TRIP." So I reached out to DHS TRIP and they sent back a lengthy, unrelated letter, of which the only phrase possibly addressed to me was: "we have made any corrections to records that our inquiries determined were necessary". I sent follow up emails to LegalNet, my sentor's office, and I also sent multiple emails to the embassy, CIS Ombudsman, NVC, DOS Ombudsman, DOS, but none replied constructively. I also sent a FOIA request to USCIS, and the file came back with a section of six pages labeled "Risk and Fraud" fully redacted.

 

Since the CR1 refusal in February, I've sought the help of over 40 attorneys offices and legal services but no one really offered any help which fit my needs. In the end, I agreed to file a waiver with the attorney who had advised me to get married back in 2019. USCIS received the I-601 at the Nebraska Center on August 8th, 2023. According to the website, it takes aprox. 21 months for this to get approved, (if it does). Does anyone know any way to speed up the process? I'm considering hiring another attorney to file a Writs of Mandamus.

 

TLDR: K1 was denied for for misrep (but they didnt tell me about the misrep) and when i filed marriage based they refused. Embassy, DOS, and USCIS are non cooperative and they want a waiver which will take about two more years. Any idea how to speed things up? How about WoM?

 

 

[Crazy Cat 41,812]

Not DIY, imo.  Seek legal help by a professional.

[Luqmanahmed6753 1]

Yea, do you know a good attorney for this? How is Jim Hacking?

[Mike E 11,739]

1 hour ago, Luqmanahmed6753 said:

but they didnt tell me about the misrep)

Did your wife ever apply for visa to the U.S. or any other country before applying for the K-1?

[Luqmanahmed6753 1]

15 minutes ago, Mike E said:

Did your wife ever apply for visa to the U.S. or any other country before applying for the K-1?

Nope. Not at all. Also waiting on a DOS FOIA to fully rule that out in case there is something we dont know but thats a stretch

[Mike E 11,739]

Just now, Luqmanahmed6753 said:

Nope. Not at all. Also waiting on a DOS FOIA to fully rule that out in case there is something we dont know but thats a stretch

Was she married before she filed K-1? Including a religious wedding.

[Luqmanahmed6753 1]

9 minutes ago, Mike E said:

Was she married before she filed K-1? Including a religious wedding.

No

[Dashinka 24,480]

So how did she mis-represent herself at the K1 interview.  Sounds like the K1 interviewer thought your were too married for a K1 visa, and now you will need a 212 waiver.  Seems like you should focus on that with the lawyer you are working with.

 

1 hour ago, Luqmanahmed6753 said:

Then they sent a letter stating that they are sending the file back to USCIS for possible revocation because the officer received information that shows the beneficiary is not eligible. USCIS then closed the case stating that the expiration period has passed and that all USCIS action in this matter is concluded. We consulted a lawyer and he advised us to get marrried and file for an immigrant visa. We got married in 2020 and filed. The interview was scheduled in February 2023 and the officer gave my wife a refusal based on misrepresentation and asked her to get a waiver.

 

 

 

https://www.uscis.gov/policy-manual/volume-9-part-f-chapter-2

[Luqmanahmed6753 1]

13 minutes ago, Dashinka said:

So how did she mis-represent herself at the K1 interview. 

 

1 hour ago, Luqmanahmed6753 said:

 I reached out to my senator to try to find out the basis for this and the embassy replied: "applicant was found ineligible in March 2020 when she applied for a K1 visa. The consular officer at that time found that she had willfully misrepresented her marital status." 

The K1 officer asked her 5 times if she was married, the 5th time, officer said its ok if you are married, its just a different procedure. She asserted that she wasnt married and said why would i lie to you

[Dashinka 24,480]

11 minutes ago, Luqmanahmed6753 said:

 

The K1 officer asked her 5 times if she was married, the 5th time, officer said its ok if you are married, its just a different procedure. She asserted that she wasnt married and said why would i lie to you

Well, it seems the K1 officer thought that was the case, was there anything on social media or in the photos she may have shared to make them think that.  It seems there is an out with a 212 waiver as the CO told her at the spousal visa interview.

 

Good Luck!

[Boiler 45,445]

I assume it is required due to them being convinced she was married. Well that is the only thing you mention.

 

You are only 2 months into the Waiver so far too early for a WoM.

[Luqmanahmed6753 1]

2 minutes ago, Boiler said:

You are only 2 months into the Waiver so far too early for a WoM.

How much time must pass for a WoM

[Boiler 45,445]

7 minutes ago, Luqmanahmed6753 said:

How much time must pass for a WoM

There is not a set time I have heard of, not sure I remember seeing such a case, more when you get to a point where a Court would consider the time taken unreasonable.

[Cathi 5,746]

I'd get in touch with Jim Hacking.

[SalishSea 17,801]

Are you sure you’ve gotten the whole background story from your wife?

 

The pages and pages of redacted documents makes me think there is more to this than just an unfounded suspicion that she was already married at the K-1 interview.