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

[W199 333]

19 minutes ago, Luqmanahmed6753 said:

They quoted b7c, b7e, k2, and j2 for partial denial

Well, that is not good.  My simple plausible theory that I posted above MIGHT be wrong and there is something much nefarious going on with you or your fiancee that you are not aware of.  If you waiver is approved then you will know there is nothing nefarious going on. If it is not approved, you might want to think about an annullment or a divorce.  That is the one big but very rare disadvantage of a CR-1.

Edited October 8, 2023 by W199

[Luqmanahmed6753 1]

4 minutes ago, W199 said:

Then it does seem to all add up .

 

USCIS got the photos and notified the embassy that it appears you had a religious marriage ceremony.  All your researched confirmed that the embassy received information about your marriage, and Legal net informed you that USCIS made the determination that you are married.

 

Finally, the embassy told her that she is eligible to apply for a waiver for the CR1, so that means they must think she is married to you and simply misrepresented that fact. I don't think they would say she is eligible to apply for a waiver if they thought she was married to someone else.

 

Hence, your application for a waiver seems like the right thing to do. Hopefully in the waiver you addressed the fact that your engagement ceremony was just that, and not a legal marriage, and you request a waiver now that you have been legally married and applying for a CR1.

 

If I were you I would request an expedite on the basis on a clear error that your enagement based on her Indian customs was not equivalent to a wedding and not a religious wedding ceremony. For that you would need the religious leader in her town to write a letter. Just you or your financee writing it, won't be enough, Including that letter int he waiver would have been good too

,

 

Would USCIS approve the I-129 when they already had those photos with the petition? Also, quoting the consulate's 221g handed to her at the K1 visa "unfortunately, your file is incomplete" and quoting the notice she got from the consulate 1 month later: "we will be returning the petition USCIS for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination."

[W199 333]

5 minutes ago, W199 said:

Well, that is not good.  My simple plausible theory that I posted above MIGHT be wrong and there is something much nefarious going on with you or your fiancee that you are not aware of.  If you waiver is approved then you will know there is nothing nefarious going on. If it is not approved, you might want to think about an annullment or a divorce.  That is the one big but very rare disadvantage of a CR-1.

On second thought, during the approval process they do an investigation, and the results of that information may have been harmless and not related to her misrepresentation of being married . But they simply use that as an excuse not to release that part of her file to her. Therefore, I would suggest not getting paranoid and reading to much into this.  Its probably simple, and the waiver will be enough. Just hopefully you lawyer did a  good in addressing the waiver and pointed out that the engagment ceremony was not a wedding ceremony.  But I defer to your attorney what the right legal thing to do is, we are just guessing,.

 

I suggest you don't worry about it and wait for the waiver

[Luqmanahmed6753 1]

10 minutes ago, W199 said:

nefarious

Those thoughts go through my head but thats very implausible given how much I have seen her and her family up close. My relatives also have connections with her community going way back. My focus is how I can demonstrate DoS or USCIS error and make them expedite the case in my favor because this stuff has messed up my life.

[W199 333]

5 minutes ago, Luqmanahmed6753 said:

Would USCIS approve the I-129 when they already had those photos with the petition? Also, quoting the consulate's 221g handed to her at the K1 visa "unfortunately, your file is incomplete" and quoting the notice she got from the consulate 1 month later: "we will be returning the petition USCIS for review and possible revocation. If a consular officer receives information during the interview process that was not available to the adjudicating immigration officer at the time of petition approval and that shows the beneficiary of a petition is not entitled to the accorded status, then the petition must be returned to USCIS for re-examination."

Anything is possible.  Maybe USCIS deferred the determination of engagement photos to the embassy.  No one knows how the security and investigation procedures of the USCIS, they are all redacted. And the embassy just uses form letters and check off boxes, and purposely does not reveal the details. 

 

But its all a moot point. You know they told you they believe she is married and misrepresented that, and told you she is eligible for a waiver. You will just have to wait for thee waiver results.  Hopefully your lawyer did a good job on it. You might want to get a 2nd opinion with a more experienced lawyer in the meantime.

[W199 333]

1 minute ago, Luqmanahmed6753 said:

Those thoughts go through my head but thats very implausible given how much I have seen her and her family up close. My relatives also have connections with her community going way back. My focus is how I can demonstrate DoS or USCIS error and make them expedite the case in my favor because this stuff has messed up my life.

My suggestion was as before. Get the highest, respected, top religous leader, who has the credentials to match to write a letter certifying that your engagment ceremony was not a marriage ceremony, and to explain the customs, and maybe some legal docs from the registrar showing there is no marriage records ... Maybe you need to do a public records search in USA too, not sure.  

 

But in anycase, consult some additional attorneys that specialize in this .. not your average immigration attorney who are generally imcompetant.

[Luqmanahmed6753 1]

1 hour ago, W199 said:

consult some additional attorneys that specialize in this .. 

Any suggestions?

[Dataunavailable 82]

2 hours ago, W199 said:

On second thought, during the approval process they do an investigation, and the results of that information may have been harmless and not related to her misrepresentation of being married . But they simply use that as an excuse not to release that part of her file to her. Therefore, I would suggest not getting paranoid and reading to much into this.  Its probably simple, and the waiver will be enough. Just hopefully you lawyer did a  good in addressing the waiver and pointed out that the engagment ceremony was not a wedding ceremony.  But I defer to your attorney what the right legal thing to do is, we are just guessing,.

 

I suggest you don't worry about it and wait for the waiver

Most consulars should be trained in the customs/traditions of the post their at, so seeing photos of an engagement ceremony should not be a sign of too married if OPs country considers that as the process. 

 

What is more strange is them saying she lied. Instead of just denying the K1 with a generic 221g and requiring a waiver. 

[Luqmanahmed6753 1]

1 hour ago, Dataunavailable said:

Most consulars should be trained in the customs/traditions of the post their at, so seeing photos of an engagement ceremony should not be a sign of too married if OPs country considers that as the process. 

 

What is more strange is them saying she lied. Instead of just denying the K1 with a generic 221g and requiring a waiver. 

What i dont understand is that the consulate is saying she was "found ineligible in march 2020" and "the officer at that time found" and then LegalNet saying that the finding was entered by USCIS even though they closed the case and said all USCIS matter in this case is concluded. It doesn't add up and it seems like there is some error made by one of the agencies.

[Luqmanahmed6753 1]

Just now, Luqmanahmed6753 said:

What i dont understand is that the consulate is saying she was "found ineligible in march 2020" and "the officer at that time found" and then LegalNet saying that the finding was entered by USCIS even though they closed the case and said all USCIS matter in this case is concluded. It doesn't add up and it seems like there is some error made by one of the agencies.

Despite the k1 interview being in july 2019 and uscis closing the case in November 2019

[Dataunavailable 82]

35 minutes ago, Luqmanahmed6753 said:

Despite the k1 interview being in july 2019 and uscis closing the case in November 2019

 

37 minutes ago, Luqmanahmed6753 said:

What i dont understand is that the consulate is saying she was "found ineligible in march 2020" and "the officer at that time found" and then LegalNet saying that the finding was entered by USCIS even though they closed the case and said all USCIS matter in this case is concluded. It doesn't add up and it seems like there is some error made by one of the agencies.

I would check with your lawyer who submitted the 601 and see if they can help you prepare an expedite request. 

[W199 333]

7 hours ago, Luqmanahmed6753 said:

Any suggestions?

All the lawyers that I had a consult with were dangerously incompetent.

 

But I have heard some people talking about Shusterman, albeit extremely expensive.  But I have no experience, you will need to do your own research and beware of anyone's recommendation.  I would suggest an initial free consult to see who you feel comfortable with and can trust.. Getting on the youTube hacking law show seems like a good idea. Someone else suggested it in this thread. 

[pushbrk 12,870]

17 minutes ago, W199 said:

All the lawyers that I had a consult with were dangerously incompetent.

 

But I have heard some people talking about Shusterman, albeit extremely expensive.  But I have no experience, you will need to do your own research and beware of anyone's recommendation.  I would suggest an initial free consult to see who you feel comfortable with and can trust.. Getting on the youTube hacking law show seems like a good idea. Someone else suggested it in this thread. 

Lawyers for waivers are talked about frequently in the waivers forum.  Best to start your research there.

[Boiler 45,445]

https://www.scottimmigration.net/content/i601memo

[Family 3,988]

If you are intent on continuing the fight to challenge the inadmissibility..then you need to  beef up your legal vocabulary when you consult the attorneys experience and expertise .

 

You want some with hands on experience tackling Consular Non Reviewabilty doctrine ,  fluent in FAM and the INA for the “ willful misrep “ threshold. 
 

As previous poster suggested , if $$ is no object ..contact Carl Schusterman or Norton Toby ( both write law books ) .. 

 

You have done everything possible up to know . Am assuming here your attorney reviewd the K-1 interview Q and A meticulously ( word by word ) and emailed a brief /argument challenging the K-1 inadmissibility misrep . 
i am presuming your “ ceremony “ was a Nikka ..so he would have conceded K-1 ineligibility . 
The Q and A nuances are likely your issue anyway and they are strictly related to marriage. 
 

Muslim couples are perfectly aware the Nikkah deems them married in the eyes of Islam .. even if the do not legalize or register that marriage . 
 

But as I said earlier , an expedite is simple , accomplished with a phone call and IF you meet criteria can try more than once 

 

Look over the  dreaded DS-5535 thread . Most there have shopped WOM attorneys and some good recommendations. 
 

i am not a big fan of Jim Hacking ..for anything but WOM …but he is culturally sensitive to Islamic law issues ..so do try him too
 

 

 

 

Challenging A Finding Of Inadmissibility

by Kenneth White

9 FAM 302.9-4(A)  (U) Grounds 

(CT:VISA-543;   03-27-2018) 

(U) INA 212(a)(6)(C)(i) provides that "any alien who by fraud or willfully misrepresenting a material fact seeks to procure (or sought to procure or has procured) a visa, other documentation, or admission into the United States or some other benefit provided under" the INA is ineligible.

 

https://fam.state.gov/fam/09FAM/09FAM030209.html

 

 

Edited October 9, 2023 by Family