My wife’s CR1 was denied and sent for administrative processing and been waiting for 1 year and half

[Boiler 45,904]

I have not seen this particular variant on Hacking but you normally get the normal ones once or twice a week 

[Family 4,136]

25 minutes ago, Boiler said:

I have not seen this particular variant on Hacking but you normally get the normal ones once or twice a week 

😂 Does you not seeing it mean I did not see it ?

 

 

By “normal” I take you mean cases where the misrep worked and person is facing issue in the US and is cured w I-601…that indeed is common.

 

 

Edited January 14, 2024 by Family
Link is most recent ref to the “ normal “ as Boiler calls it .no search button on his site or my brain 😂

[Boiler 45,904]

I have not seen this combination before on Hacking or elsewhere.

 

Does not mean it has never happened, does suggest it is not common.

[Elon 21]

29 minutes ago, Family said:

😂 Does you not seeing it mean I did not see it ?

 

 

By “normal” I take you mean cases where the misrep worked and person is facing issue in the US and is cured w I-601…that indeed is common.

 

 

This is so different from what I have on my hands. I didn’t say that my case is easy. The misrepresentation charge gonna hit me hard but I am so certain that the charge of my wife is not freely married to me because he was married to another guy won’t stick. So certain that I am even willing to bet $50K.

[Family 4,136]

18 minutes ago, Elon said:

This is so different from what I have on my hands. I didn’t say that my case is easy. The misrepresentation charge gonna hit me hard but I am so certain that the charge of my wife is not freely married to me because he was married to another guy won’t stick. So certain that I am even willing to bet $50K.

I call..and raise you same😂 

A little disclosure..am neither degreed nor pedigreed..but am not guessing.

 

 

Edited January 14, 2024 by Family

[Family 4,136]

1 hour ago, Elon said:

This is so different from what I have on my hands. I didn’t say that my case is easy. The misrepresentation charge gonna hit me hard but I am so certain that the charge of my wife is not freely married to me because he was married to another guy won’t stick. So certain that I am even willing to bet $50K.

The fact that DOS did not issue a Refusal and misrep/fraud finding is cause they are skewering with you. ..she’s a repeat offender so no surprise. 

Once YOU process the fact that your wife admitted to the misrep/fraud at her IV interview..in itself that is sufficient for a finding…ask yourself WHY ? 
 

If you then accept the fact that a lie about marital status is a material misrep /fraud ..( do this by reading through AAO USCIS non precedent decisions on I-601s) …you may have a chance at clarity.  Don’t get stuck on 
 looking for exact fact pattern ..

Important is also to accept the reality of consular non

reviewability …no one can force them to change their finding …or as in your case bother to actually issue the finding . ( Well , I already laid out my $50 K strategy 😂)

 

 

As an example, here , where a good argument persuaded AAO /USCIS that DOS finding of fraud were not warranted,..the ultimate result is ..oh sorry , but nothing we can do, DOS has final say.

 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2023/DEC122023_03H5212.pdf

We acknowledge the Applicant's appeal assertion that her failure to establish a bona fide marriage does not necessarily support the DOS' finding that she is also inadmissible for having committed fraud or made a willful misrepresentation during her immigration visa process. However, DOS makes a final determination concerning admissibility and eligibility for an immigrant visa. Here, the record contains evidence based on which the DOS reasonably found the Applicant inadmissible under section 212(a)(6)(C)(i) of the Act. Therefore, we may consider only whether the Applicant qualifies for a waiver of her inadmissibility.

 

 

 

[Family 4,136]

Here is what the light at the end of the tunnel looks like ..if you get a chance to I-601…for you, your wife and child.

 

 

 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2021/DEC022021_01H5212.pdf

The Director ofthe Chicago, Illinois Field Office denied the application, concluding the Applicant did not establish that her U.S. citizen spouse, the only qualifying relative, would suffer extreme hardship upon her separation or his relocation to Nigeria. The Applicant later filed an appeal that we dismissed. The matter is before us again on a motion to reopen and a motion to reconsider.

[Elon 21]

44 minutes ago, Family said:

The fact that DOS did not issue a Refusal and misrep/fraud finding is cause they are skewering with you. ..she’s a repeat offender so no surprise. 

Once YOU process the fact that your wife admitted to the misrep/fraud at her IV interview..in itself that is sufficient for a finding…ask yourself WHY ? 
 

If you then accept the fact that a lie about marital status is a material misrep /fraud ..( do this by reading through AAO USCIS non precedent decisions on I-601s) …you may have a chance at clarity.  Don’t get stuck on 
 looking for exact fact pattern ..

Important is also to accept the reality of consular non

reviewability …no one can force them to change their finding …or as in your case bother to actually issue the finding . ( Well , I already laid out my $50 K strategy 😂)

 

 

As an example, here , where a good argument persuaded AAO /USCIS that DOS finding of fraud were not warranted,..the ultimate result is ..oh sorry , but nothing we can do, DOS has final say.

 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2023/DEC122023_03H5212.pdf

We acknowledge the Applicant's appeal assertion that her failure to establish a bona fide marriage does not necessarily support the DOS' finding that she is also inadmissible for having committed fraud or made a willful misrepresentation during her immigration visa process. However, DOS makes a final determination concerning admissibility and eligibility for an immigrant visa. Here, the record contains evidence based on which the DOS reasonably found the Applicant inadmissible under section 212(a)(6)(C)(i) of the Act. Therefore, we may consider only whether the Applicant qualifies for a waiver of her inadmissibility.

 

 

 

You shifted to misrepresentation now?that one is another argument.I already admitted that it’s hard to prove the extreme hardship but certainly not impossible. 

[Elon 21]

13 minutes ago, Family said:

Here is what the light at the end of the tunnel looks like ..if you get a chance to I-601…for you, your wife and child.

 

 

 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2021/DEC022021_01H5212.pdf

The Director ofthe Chicago, Illinois Field Office denied the application, concluding the Applicant did not establish that her U.S. citizen spouse, the only qualifying relative, would suffer extreme hardship upon her separation or his relocation to Nigeria. The Applicant later filed an appeal that we dismissed. The matter is before us again on a motion to reopen and a motion to reconsider.

In preparation of this case, I already read hundreds of these cases. Non precedents and precedents ones. These are not new to me. 

Edited January 14, 2024 by Elon

[Elon 21]

58 minutes ago, Family said:

The fact that DOS did not issue a Refusal and misrep/fraud finding is cause they are skewering with you. ..she’s a repeat offender so no surprise. 

Once YOU process the fact that your wife admitted to the misrep/fraud at her IV interview..in itself that is sufficient for a finding…ask yourself WHY ? 
 

If you then accept the fact that a lie about marital status is a material misrep /fraud ..( do this by reading through AAO USCIS non precedent decisions on I-601s) …you may have a chance at clarity.  Don’t get stuck on 
 looking for exact fact pattern ..

Important is also to accept the reality of consular non

reviewability …no one can force them to change their finding …or as in your case bother to actually issue the finding . ( Well , I already laid out my $50 K strategy 😂)

 

 

As an example, here , where a good argument persuaded AAO /USCIS that DOS finding of fraud were not warranted,..the ultimate result is ..oh sorry , but nothing we can do, DOS has final say.

 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2023/DEC122023_03H5212.pdf

We acknowledge the Applicant's appeal assertion that her failure to establish a bona fide marriage does not necessarily support the DOS' finding that she is also inadmissible for having committed fraud or made a willful misrepresentation during her immigration visa process. However, DOS makes a final determination concerning admissibility and eligibility for an immigrant visa. Here, the record contains evidence based on which the DOS reasonably found the Applicant inadmissible under section 212(a)(6)(C)(i) of the Act. Therefore, we may consider only whether the Applicant qualifies for a waiver of her inadmissibility.

 

 

That’s why, keep in mind these policies change 

 

a. (U) Misrepresentations in Family Relationship Petitions:  USCIS retains exclusive authority to deny or revoke family-relationship IV petitions.  Thus, a misrepresentation with respect to entitlement to the classification based on the relationship, e.g., a sham marriage in an IR-1 case, cannot be deemed material if the petition remains valid.  Upon discovery of a misrepresentation, you must return the petition to the appropriate USCIS office via the National Visa Center. 

[Elon 21]

20 minutes ago, Elon said:

1 hour ago, Family said:

The fact that DOS did not issue a Refusal and misrep/fraud finding is cause they are skewering with you. ..she’s a repeat offender so no surprise. 

Once YOU process the fact that your wife admitted to the misrep/fraud at her IV interview..in itself that is sufficient for a finding…ask yourself WHY ? 
 

If you then accept the fact that a lie about marital status is a material misrep /fraud ..( do this by reading through AAO USCIS non precedent decisions on I-601s) …you may have a chance at clarity.  Don’t get stuck on 
 looking for exact fact pattern ..

Important is also to accept the reality of consular non

reviewability …no one can force them to change their finding …or as in your case bother to actually issue the finding . ( Well , I already laid out my $50 K strategy 😂)

 

 

As an example, here , where a good argument persuaded AAO /USCIS that DOS finding of fraud were not warranted,..the ultimate result is ..oh sorry , but nothing we can do, DOS has final say.

 

https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2023/DEC122023_03H5212.pdf

We acknowledge the Applicant's appeal assertion that her failure to establish a bona fide marriage does not necessarily support the DOS' finding that she is also inadmissible for having committed fraud or made a willful misrepresentation during her immigration visa process. However, DOS makes a final determination concerning admissibility and eligibility for an immigrant visa. Here, the record contains evidence based on which the DOS reasonably found the Applicant inadmissible under section 212(a)(6)(C)(i) of the Act. Therefore, we may consider only whether the Applicant qualifies for a waiver of her inadmissibility.

 

 

That’s why, keep in mind these policies change 

 

a. (U) Misrepresentations in Family Relationship Petitions:  USCIS retains exclusive authority to deny or revoke family-relationship IV petitions.  Thus, a misrepresentation with respect to entitlement to the classification based on the relationship, e.g., a sham marriage in an IR-1 case, cannot be deemed material if the petition remains valid.  Upon discovery of a misrepresentation, you must return the petition to the appropriate USCIS office via the National Visa Center. 

 

I'm not sure if you've followed the entire conversation, but I want to make it clear that I won't attempt to deny her misrepresentation. In fact, as soon as I discovered she had misrepresented herself, I encouraged her to be truthful during IV interview. I value dealing with the truth above all else, and therefore, I won't be making any efforts to deny her misrepresentation.

Edited January 14, 2024 by Elon

[Moda25 54]

@Elon hi, any update on your wife’s case?

[Elon 21]

On 2/13/2024 at 7:15 AM, Moda25 said:

@Elon hi, any update on your wife’s case?

 No update yet. I just responded to NOIR last two weeks. Their system wouldn’t let me upload the docs so I had to mail them in. Waiting on them to see what they have to say. I will keep you posted when I hear back.

[Elon 21]

On 2/16/2024 at 8:24 AM, Elon said:

 No update yet. I just responded to NOIR last two weeks. Their system wouldn’t let me upload the docs so I had to mail them in. Waiting on them to see what they have to say. I will keep you posted when I hear back.

It seems like they received the response today. The response was delivered on Feb 6,2023 and the deadline was on Feb 13. I am afraid that they might deny it due to the response was not timely. So I will have to appeal their decision.

Edited February 17, 2024 by Elon

[brkendream 13]

Have your spouse ever traveled outside of her country since 2018 till 2020 ? If not then marriage in other countries is out of question . This will help too . And even if she did travel you can get the record from that country that your spouse didn't marry there . 

All the best .