PERMANENT BAN. We are not sure what to do.

[uwkay 3]

Hello everyone.

 

in 2019 my now husband was denied the K1 visa due to misrepresentation. This is the email we recieved from the embassy "

Thank you for your patience as we completed the administrative processing on your case. It was confirmed that the divorce decree provided in your case did not originate from the Delta High Court and is a fraudulent document. As such, the consular officer determined that you are not qualified for the K1 visa and has declined to extend the validity of your petition. The petition will be returned to NVC with a recommendation it be revoked.

 

Additionally, you have been found ineligible to receive a visa under INA Section 212(a)(6)(c)(i) for willful misrepresentation of your marital status. Please see the attached letter. This is a permanent ban from travel to the United States. Should you apply for a visa again in the future, you will require an approved waiver from USCIS before a visa can be approved."

 

We are now married and have a 3-year-old together. we also filed a 601 waiver which has not been approved. I also filed the i130 pettition and he has been approved and we are just waiting on an interview date. I am aware that the waiver must be approved first before they can give the visa but my questions is this.

 

I thought they can only give a permanent ban if you claim to be  USG when you are not?

Also does the fact that we are married change anything. is the waiver still needed. A lawyer told me I only needed a waiver if we still needed the K1 but we don't need it anymore since we are married. (not sure if this is true).

Also, with the 601 waiver, does USCIS give updates online or mail? we filed since february of last year and there has been no update on the case. the status shows it was recieved on the 17th of feb 2023. Nothing more.

We have contacted USCIS to let them know the i130 was approved so they can expedite but they arent. Do we need to send them a copy of the approval.

 

PLEASE ADVISE.

[nastra30 2,281]

I am hoping with the filing of I130 you guys included legit divorce certificate for husband?

Why did husband give them a a fraudulent cert during the K1 process?

[Crazy Cat 41,651]

10 minutes ago, Uwaila said:

I thought they can only give a permanent ban if you claim to be  USG when you are not?

Material misrepresentation carries a perma-ban from any entry into the US.  A waiver is still needed.  Marriage doesn't negate the misrepresentation.  Did an attorney file the I-601 for you?

Edited June 20 by Crazy Cat

[Crazy Cat 41,651]

***Moved to the Waivers forum area***

[uwkay 3]

Thank you all for the response.

Yes we including the legit divorce decree when I filed the i130 and also the i601 waiver. Also, a lawyer gave us the documents and we honestly had no clue if was not documented in court. we didn't know he had to go for hearing. But we have done everything the right way now.

 

Also,  yes an attorney filed the petition for us. We have only received the first mail that tells you the receipt number. other than that we haven't received any communication from USCIS.

Thanks

[Boiler 45,362]

Things are out of order.

 

File I 130

 

He goes to the interview

 

Assuming everything else is OK except for the Misrep he will be given the opportunity to file the I 601.

 

Is that what has happened?

[uwkay 3]

@Boiler NO. 

i filed K1 in 2019 and he got denied for misrep.

filed I130- May2022

Filed i601- Feb 2023

I130 Approved Feb 2024. DQ May 2024 but still waiting for interview date.

 

we haven't heard anything yet from USCIS regarding the i 601

 

[Boiler 45,362]

You will not hear anything, well maybe they will tell you you were not eligible to file.

 

You have a Lawyer?

[uwkay 3]

@Boiler yes we do have a lawyer.

not eligible to file meaning the ban still holds or not needed. Also does it matter that I am a USC born here? lol

[Boiler 45,362]

Just now, Uwaila said:

@Boiler yes we do have a lawyer.

not eligible to file meaning the ban still holds or not needed. Also does it matter that I am a USC born here? lol

Not able to file

 

Most filing a I 601 are.

[Dashinka 24,419]

6 minutes ago, Uwaila said:

@Boiler yes we do have a lawyer.

not eligible to file meaning the ban still holds or not needed. Also does it matter that I am a USC born here? lol

Generally it is the consulate officer that determines if a beneficiary can file an I601 as the timeline @Boiler mentioned, it is not filed before the interview.  So either the I601 is just tagging along with the I130, or it was separated by USCIS and they may simply deny it as they are not the entity that decides them.

 

Good Luck!

[uwkay 3]

1 minute ago, Dashinka said:

Generally it is the consulate officer that determines if a beneficiary can file an I601 as the timeline @Boiler mentioned, it is not filed before the interview.  So either the I601 is just tagging along with the I130, or it was separated by USCIS and they may simply deny it as they are not the entity that decides them.

 

Good Luck!

oh wow, we didnt know this. thank you.

[uwkay 3]

4 minutes ago, Dashinka said:

Generally it is the consulate officer that determines if a beneficiary can file an I601 as the timeline @Boiler mentioned, it is not filed before the interview.  So either the I601 is just tagging along with the I130, or it was separated by USCIS and they may simply deny it as they are not the entity that decides them.

 

Good Luck!

if it gets denied, do we file a new waiver or do we continue with the old one?

[Boiler 45,362]

Is this a proper Immigration Lawyer you are using?

Just now, Uwaila said:

if it gets denied, do we file a new waiver or do we continue with the old one?

You will need to file a waiver when you are eligible to do so.

[powerpuff 6,619]

Just a note: OP has reached a limit of posts for a new member and will need to wait 24 hrs to make new posts.