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

[Family 3,988]

1 hour ago, pushbrk said:

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

The waiver was prep by attorney and already filed . 
I think OP want to 1. try expedite 2. Keep trying to challenge misrep 

[Luqmanahmed6753 1]

3 hours ago, Family said:

i am presuming your “ ceremony “ was a Nikka ..so he would have conceded K-1 ineligibility . 

Noo. It was an engagement ceremony. No nikah was done until we officially married in 2020 after the k1 case was closed

[Luqmanahmed6753 1]

3 hours ago, Family said:

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 reviewed the FAM and INA portions applicable to my situation, but unless the DoS of DHS comes forward with something I can't argue. They just say misreped marital status, no specification.

My attorney made a quite simple argument in the waiver brief, basically saying that the burden of proof lies on the DoS to prove misrep and that DoS has not met that burden here. They didn't quote any legal reference to that tho. 

I dont really have the $$ to throw at more attorneys unless I know I'll be getting something out of it.

If someone can find a law which states that the burden of proof for a finding of misrep lies on the DoS maybe I can try to send that to LegalNet. 

[Family 3,988]

Just noticed I had not included link . 
No such burden on DOS..

 

The recent gain on consular non reviewabilty , I recall last year BUT …
it will not help you cause you are not litigating case in US Courts   

 

Your only chance was /

is to persuade them ( Consulate ) to reverse themselves  and ITS NOT going  to happen 

 

And very common for them to see your exact facts and ceremony …so my position remains same ..let it go .  
 

 

 

https://ilw.com/articles/2009,1022-white.shtm

 

Challenging A Finding Of Inadmissibility

by Kenneth White

Unfortunately, the cards are stacked against applicants with a legitimate basis for challenging findings of inadmissibility. Unlike with USCIS and DOL, there is no formal appeals process for denied applications within the Department of State. Judicial review is practically nonexistent because of the doctrine of consular nonreviewability. Some posts, particularly isolated ones, have been compared to fiefdoms, governed by caprice and personal agendas rather than laws and regulations.

 

 

[Family 3,988]

I do not have link to that case ..sorry . I know I posted it last year .

There have been successful  DIY and attorneys challenges..just arguing with consulate , congressman help and LegalNet…but not with your facts 

[Family 3,988]

Here you go ..

Ninth Circuit Undermines Doctrine of Consular Nonreviewability

Two weeks ago, the Ninth Circuit denied rehearing en banc of a divided panel decision in Muñoz v. Department of State. In that panel decision last October, the panel majority invented a rule that the government had to provide notice “within a reasonable time period” of its reason for denying a visa.

 

https://www.nationalreview.com/bench-memos/ninth-circuit-undermines-doctrine-of-consular-nonreviewability/amp/

[W199 333]

10 hours ago, Luqmanahmed6753 said:

I reviewed the FAM and INA portions applicable to my situation, but unless the DoS of DHS comes forward with something I can't argue. They just say misreped marital status, no specification.

My attorney made a quite simple argument in the waiver brief, basically saying that the burden of proof lies on the DoS to prove misrep and that DoS has not met that burden here. They didn't quote any legal reference to that tho. 

I dont really have the $$ to throw at more attorneys unless I know I'll be getting something out of it.

If someone can find a law which states that the burden of proof for a finding of misrep lies on the DoS maybe I can try to send that to LegalNet. 

Wow, I'm not a lawyer, but it seems to me with that argument your lawyer is forcing the DOS to deny the waiver.  DOS is not not going to open that door and set any precendent that they need to respond and provide proof to you. Is this the same lawyer that submitted your enagement ceremony photos for your K-1. Maybe your lawyer doesn't want to admit liability?

 

If it were me, even if it was not technically a legal requirements, I would have been more humble, and focused the waiver on providing proof on how solid and sincere your relationship is, how much harm will come to the USC by not approving the waiver, an appology for any confusion, and proof from an official recognized religous leader that it was nothing more than an enagement party.  

 

I hope I am wrong .. but ...... 

Edited October 9, 2023 by W199

[Luqmanahmed6753 1]

7 minutes ago, W199 said:

Wow, I'm not a lawyer, but it seems to me with that argument your lawyer is forcing the DOS to deny the waiver.  DOS is not not going to open that door and set any precendent that they need to respond and provide proof to you. Is this the same lawyer that submitted your enagement ceremony photos for your K-1. Maybe your lawyer doesn't want to admit liability?

 

If it were me, even if it was not technically a legal requirements, I would have been more humble, and focused the waiver on providing proof on how solid and sincere your relationship is, how much harm will come to the USC by not approving the waiver, an appology for any confusion, and proof from an official recognized religous leader that it was nothing more than an enagement party.  

 

I hope I am wrong .. but ...... 

The waiver gets filed to USCIS under DHS, so I don't think it's confrontational to them. The waiver also includes the other arguments as secondary: if applicant is inadmissible, she is still eligible for the waiver approval based on....

I did the K1 and IR1 myself, but I consulted the same lawyer who is doing the waiver at the time of the K1 denial and he had said to go ahead and get married and file an IR1, and I consulted him again right before the IR1 interview, and he said everything is good, your case is straightforward. Might he be trying to evade the liability of that?

[Family 3,988]

Your attorney has no liability and gave you solid advice . Once K-1 is shot down ..no bringing it back to life . 
 

As for arguments back and forth with consulate ..( either by you or attorney) not much chance to persuade them no matter how fancy.

 

They do have ears on the ground , so to speak ..and high fraud volume .

I would presume they know who attends a Knitbah ..or gleamed other info from pictures, social media posts ..etc

 

 

 

[Boiler 45,445]

Unless I have missed something we do not know what the precise issue is and are guessing. So any suggestion as to what to do next is a guess. Well apart from file the waiver as that option seems to have been given.

[Family 3,988]

31 minutes ago, Boiler said:

Unless I have missed something we do not know what the precise issue is and are guessing. So any suggestion as to what to do next is a guess. Well apart from file the waiver as that option seems to have been given.

Waiver was filed by attorney  and well prepped 

[Boiler 45,445]

I would expect and hope that a waiver filed by a Lawyer would be put together properly.

[Family 3,988]

1 hour ago, Boiler said:

Unless I have missed something we do not know what the precise issue is

And “ precise issue “ was identified as misrep of marital status at K-1 interview..

 

OP wants to 

1. speed up I-601 and or 

2. continue fight to prove he had a regular /western style party and convince post to reverse .

 

Unless , of course I missed something…

 

 

Edited October 9, 2023 by Family

[Luqmanahmed6753 1]

2 minutes ago, Family said:

And “ precise issue “ was identified as misrep of marital status at K-1 interview..

 

OP wants to 

1. speed up I-601 and or 

2. continue fight to prove he had a regular /western style party and convince post to reverse .

 

Unless , of course I missed something…

 

 

Yea i hope to speed up 601, but idt the consulate will do anything on their end. I emailed them dozens of times from different email addresses and my wife emailed them too and the only thing they want is a waiver. They said the same thing to the senator. LegalNet is also saying we can't do anything cuz the finding was made by USCIS, even thought the email the consulate sent through the senator clearly states "The consular officer at that time found that she
had willfully misrepresented her marital status" but LegalNet won't listen.

[Boiler 45,445]

It has been a very long time since Consulates processed waivers.

Edited October 9, 2023 by Boiler