Luqmanahmed6753
-
Posts
28 -
Joined
-
Last visited
Immigration Timeline & Photos
Luqmanahmed6753's Achievements
-
F007 reacted to a post in a topic:
Marriage Visa refused based on misrepresentation at the time of previous K1 visa (same applicant)
-
Yes but what your saying abt 485 and DACA isn't abt me -
This isn't abt OP
-
So I would send it in as additional evidence? Because the waiver has already been filed.
-
Yea.. but in my own sense I have been waiting since 2018.. what I see as the problem is that the embassy nor USCIS informed me about any finding of misrep. How was I allowed by the system to file an I-130 and go thru the entire damn process until my wife was given a permanent bar at the interview? If they had informed me I would've appealed it or at least not wasted my money and three years of agonizing wait.
-
Well, after what Hacking said. I sure don't wanna rush myself into something unfortunate. My attorney also said that sometimes a WoM can make them angry, issuing denials and RFEs
-
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.
-
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 reacted to a post in a topic:
Marriage Visa refused based on misrepresentation at the time of previous K1 visa (same applicant)
-
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.
-
Noo. It was an engagement ceremony. No nikah was done until we officially married in 2020 after the k1 case was closed
-
Despite the k1 interview being in july 2019 and uscis closing the case in November 2019
-
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.