Elon

I submitted a Writ of Mandamus to prompt USCIS to take action. Since the case was returned from the consular office in Rwanda, I haven't received any updates. My primary concern is the misrepresentation of a material fact, and that will be my focus. Proving that my wife was not married back then could have been easily done if the US Embassy in Rwanda had pursued that route, but they didn't.

The Rwandan government has an e-government system that tracks all civil statuses of the population, and this is known to the US Embassy in Rwanda. They can verify documents easily. I believe the case was returned due to the FAM code:

9 FAM 302.9-4(B)(8) (U) Additional Information

(CT:VISA-1597; 08-02-2022)

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. If the petition is revoked, the materiality of the misrepresentation is established. In some cases, the relationship and petition may still be valid, but the individual may misrepresent eligibility for the classification in a different way that is not relevant to the petition's validity. In those cases, you retain the authority to make an INA 212(a)(6)(C)(i) determination.

I know it’s an uphill battle, and the beauty of the US system is that there is due process. Once I get the response from USCIS, I will know what my next move will be. It seems like everyone saw the misrepresentation and decided the case already, but in legality and the interpretation of the law, the current DOS and USCIS will determine our fate. If everyone here does some work and reads the case, as @Boiler did, instead of casting stones, it will be very helpful.

Thank you all.