GreenDoggie

I have two candidates on who I want to have write my wife`s I-601: Lizz Cannon who I read about on this forum and, Michael Cho. I'm going to speak to both of them next week. Any guideline on how to pick the best lawyer for your job? I go by reviews online and based on my "feel" after talking to them. There's got to be a better method. Please advise. Thank you in advance.

Got it! Will do. 👍

Sorry. I miswrote. 😰 Deadline to marry: Aug 3rd. Aug 1st is the day of the misrepresentation.

Actually, the deadline to marry was on Aug 3rd. I'm assuming the K-1 visa expires the same date as the deadline to marry. She entered on May 5. There's nothing on file indicating any problem on that day. Also, the US consulate in Tokyo specifically told us that DHS found misrepresentation on Aug 1, 2006. I don't know the intents of her parents for coming to the US, but I assume they are for something like you said. And yes, they're Chinese citizens. They arrived some time in July, and the misrepresentation happened on Aug 1. As for her parents, they weren't mentioned in the files, so I don't think they have anything to do with it.

1. No. Also, her I-485 was NOT approved. 2. Possibly, but she never had to disclose any bank account info to the US government. 3. Her parents, who arrived before Aug 1.

I got the file from our lawyer, and from what I can see, the misrepresentation didn't come from the marriage date. The paperwork showed the true marriage date, which was past the 90-day window. Thus, she did not willfully misrepresent herself. Since that wasn't it, I dove into her file for something that went wrong in Aug 1, 2006. I saw something interesting in the file my ex-lawyer got from FOIA. There were what appear to be a screenshots/printouts from TECS II (system used by border patrol for suspicious activities) that showed whatever recorded on that system was on Aug 1, 2006. However, due to (b)(6)(e) and (b)(6)(c), all important information was redacted. Since there's nothing else that I can find that occurred on Aug 1, 2006, this is all I have. I there any way I can get the info that was redacted?

To All: Thanks for all your input, but I figure the best thing to do is wait for the files to come from my ex-lawyer and see what happened on that day. We're going on memory; and my wording of the situation isn't helping.

Thank you to all for your replies. I got some researching to do.

I think the "material" part is that Aug 1st was the last day they could get married-that was the deadline. They went to city hall on that day and registered, which my wife thought was the marriage date. To her, registration to the government means married. City hall declared that the marriage date as Aug 4th because that was the date they exchanged vows. The paperwork for the green card after they married was done by a law firm. It's hard to imagine they would put in the wrong date, especially if you had to give them a copy of the marriage certificate. Also, according to her, she said that she was denied the green card because the marriage was done too late.

Unfortunately, she didn't. She was ill before the consulate informed me that the cause was on Aug 1, 2006.

I see... I can see that maybe she wrote in marriage date in her I-485 (or whatever else) that her marriage date was Aug 1st, which she really thought was her marriage date. The state of CA declared that she got married Aug 4th, but she thought it was the 1st because that was the day she went to City Hall. Got some investigating to do...

That was the day she went to her local city hall to register her marriage. No interview with USCIS or whomever.

I'm sorry. I thought I was called "Sponsor." Duly noted. 1. California 2. I assume so. I wouldn't see why she wouldn't, unless she made a mistake. 3. My ex-lawyer did, which she'll be sending me a copy of. Yes.

What she told me, I wrote in my original post. The law firm that used to work on our case is sending me her file along with findings from FOIA. Maybe I'll there's more to find in there. The consulate said specifically that the willful, material representation was found on Aug 1, 2006, so I was focusing on that one date. Married in 2012. Moved to China, then to Japan where we are currently.

Technically, it was an email addressed to my wife, the petitioner. I did not know her in 2006. We didn't know each other at the time.

I'm sorry, there is a technical issue in immigration that I'm not understanding.

She was engaged to a US citizen in 2006, and went to the US with a K-1 visa. She married, then later divorced. She married past the deadline, and her green card was denied because of that. She married me, her second husband. That was in 2012. We're currently trying for IR-1. Her first attempt at a green card with her previous husband is closed. Currently, we are trying to get her an IR-1 visa. Two seperate cases.

Her second marriage; her 2nd try as a petitioner through me. I'm sorry I didn't make this clear in my original post.

This is a continuation from a thread made a year ago: https://www.visajourney.com/forums/topic/771682-no-detail-given-on-misrepresentation-212a6ci-on-the-refusal-letter/page/6/?tab=comments#comment-10554302 However, I'm going to post this like I'm talking about it for the first time. Overview: Visa type: IR-1 (petitioner is my wife) Timeline (truncated) A. Jul 22, 2019: Visa interview at US consulate in Tokyo (petitioner is a Chinese citizen) B. 2019-2021: A few 221(g) Requests for more documents, to which we complied. C. Jul 12, 2021: Visa denied due to: #1: 212(a)(9)(8)(i)(II), but the bar lifted on Sep 22, 2022, so that's no longer an issue. #2: 212(a)(6)(C)(I) D. 2021-2022: My lawyer at the time asked the consulate for more details about 212(a)(6)(i), but they only replied, ..."based on findings from another agency." Despite multiple attempts, the consulate REFUSED to give any detail, leaving us in the dark about how we can craft a response. We decided to wait for the bar to lift before she acts. E. Sep 17, 2022: Found that my lawyer has a terminal illness and she is closing her practice. F. Sep 20, 2022: I asked the Tokyo consulate for details on 212(a)(6)(C)(I), to which they replied, "The Department of Homeland Security found you ineligible under INA 212(a)(6)(C)(i) for willful, material misrepresentation on August 1, 2006." Funny how when my lawyer asked, she gets nothing but when I do it, they throw me a bone. Why? Dumb luck? Or are they on guard against lawyers? Or something else? ================================================================================ So what happened on Aug 1st, 2006 and why I think DHS sees it as fraud: In 2006, she was in the US with a K-1 visa to marry an American citizen (which she divorced later). She APPLIED to marry in California on Aug 1, 2006, which was also the DEADLINE to marry based on the K-1 visa. However, the county in California REGISTERED her as married on Aug 4, 2006. Thus, USCIS declared that she was past the deadline and didn't grant her a green card. It was an honest mistake, not willful misrepresentation or fraud. Simple misunderstanding, right? Maybe I should write a motion to reconsider the 212(a)(6)(C)(I) explaining what I wrote above since my lawyer is closing her practice, and I feel that this is the last hurdle to getting the visa. One lawyer I spoke to briefly to said that this is complicated, but she might have said that so she can make me a client. What do you all think? Thank you in advance.