Elon

Yeah I know, I just want them to charge the misrepresentation At least that’s the plan.

My wife has openly acknowledged that her representative provided false information during her interview. Specifically, she admitted that the agent who handled her application misrepresented her marital status. That Upon discovering this misrepresentation, the agent allegedly informed her that the information could not be corrected, and she was advised to proceed with the inaccurate details. As non-immigrant visa applications at the US embassy typically do not require proof of marital status, my wife initially perceived the situation as inconsequential. Unfortunately, she used the same DS-160 form when reapplying. I recognize the gravity of the situation and am actively devising a strategy. In line with @Boiler suggestion, my plan involves having my wife admit to the misrepresentation in a sworn affidavit. I aim to support this admission with evidence, including any communication records with the agent who encouraged the misrepresentation (she mentioned that this occurred on WhatsApp). I am exploring options to recover messages from iCloud. Additionally, I am in the process of gathering affidavits from her neighbors, community leaders, and various government officials who are familiar with her. I plan to include employment contracts from that period, along with documents from the Rwandan government confirming her single status at the time. Once I establish the admission of the misrepresentation, I will assess the necessary steps moving forward. I appreciate the guidance from everyone, and I will keep you updated on the progress.

I am not sure yet. Still looking on how to go by this. Since my wife was never been married before. And Her and her Agent who helped her lied about her being married. I have a feeling that if I address this by trying to prove that she was single( not sure how to prove this, I am thinking of affidavits from different people like neighbors but also some government official documents), they will deny it on basis of her past misrepresentation. So I am still thinking about what to do.

Okay guys, here is the Notice I received. I have removed the names for privacy reasons and replaced them with beneficiary and Petitioner. On August 11, 2021, you filed a Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS) on behalf of (beneficiary). USCIS intends to revoke the approval of your petition for the reason(s) discussed below. The petition was approved by USCIS on December 7, 2021, and subsequently returned to this Service Center by the Department of State (DOS) because they discovered that the beneficiary may not be eligible for the benefit sought for the following reasons: the beneficiary is not legally free to married the petitioner. The approval of any petition may be revoked for what is deemed to be good and sufficient cause. See the Immigration and Nationality Act (INA) § 205. Good and sufficient cause exists when the evidence of record at the time the notice is issued, if unexplained and unrebutted, would warrant a denial of the visa petition based on the petitioner's failure to meet his burden of proof. Matter of Estime, 19 I&N Dec. 450 (BIA 1987). In visa petition proceedings, it is the petitioner’s burden to establish eligibility for the immigration benefit sought. See Matter of Brantigan, 11 I&N Dec. 493, 495 (BIA 1966); Title 8 of the Code of Federal Regulations (8 CFR) § 103.2(b). You must demonstrate that the beneficiary can be classified as your spouse. See 8 CFR § 204.2 The information obtained at the consular interview indicates that there is good and sufficient cause for the petition approval to be revoked. POLYGAMOUS MARRIAGE NOT LEGALLY RECOGNIZED UNDER INA The beneficiary was interviewed by a Consular Officer. Based on her interview, the consular officer determined that: On the form I-130, the petitioner indicated the beneficiary was only married once, which was to him. The beneficiary also confirmed this during her interview. Petitioner and Beneficiary were married on July 12, 2021. However, according to the beneficiary's non-immigrant visas, filed on on June 18, 2018, and April 9, 2019, the beneficiary listed her spouse as B(replaced the name). During the visa interview, the beneficiary stated that her husband was financing her studies. of 2 www.uscis.gov USCIS encourages you to sign up for a USCIS online account. To learn more about creating an account and the benefits, go to https://www.uscis.gov/file-online. interview, the beneficiary stated that her husband was financing her studies. The beneficiary's prior marriage was not disclose in the initial filing. The beneficiary did not provide evidence of termination of marriage to B. Therefore, the beneficiary is not legally free to married the petitioner. While a foreign marriage is generally considered valid for immigration purposes if it is valid in the country where it is performed, it has been held that polygamy is a strong public policy exception to this rule. See Matter of Mujahid, 15 I. & N. Dec. 546 (BIA 1976) and Matter of H, 9 I. & N. Dec. 640 (BIA 1962). As such, it does not appear that Beneficiary was legally free to marry Petitioner at the time of marriage because she is still legally married to B. Submit evidence to establish that Beneficiary was legally free to marry Petitioner. If any document is not in English, it must be accompanied by a full English language translation. The translator must certify that the translation is complete and accurate and that he or she is competent to translate from the foreign language into English. All foreign language documents must be submitted with complete English translations. In addition, the translator must certify that he or she is competent to translate the document and that the translation is complete and accurate, including a translation of the civil authority’s registration information and the signature/stamp of the civil official. Do not submit the English translation without the foreign language documents. You are afforded thirty (30) days (thirty-three (33) days if this notice was received by mail) from the date of this notice to submit additional information, evidence or arguments to support the petition. Failure to respond to this request by February 14, 2024 will result in revocation of the prior approval of this petition. PLACE THE ENCLOSED COVERSHEET ON TOP OF YOUR RESPONSE. SUBMISSION OF EVIDENCE WITHOUT THIS COVERSHEET WILL DELAY PROCESSING OF YOUR CASE AND MAY RESULT IN A DENIAL.

I am sorry guys.. I am still waiting the document. The USCIS online account changed the status saying this “On January 10, 2024, we mailed you a notice explaining our intent to revoke our earlier approval of your case, Receipt Number[removed]. The notice explains what we will do. Please follow the instructions in the notice and submit any requested materials. If you do not receive your notice before January 24, 2024, contact the USCIS Contact Center at www.uscis.gov/contactcenter. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.” I usually receive the document in my online account the same day the status changes but they didn’t attach the notice for some reasons. So I have to wait 7 days to put in a request if it doesn’t show up or I don’t receive it in the mail. I will keep you posted. Thank you all

I just received intent to revoke notice today from USCIS. I am thinking on my next step.

Thank you all for your valuable inputs.I am committed to pursue every legal avenue available until all options are thoroughly exhausted.policies have been changing a lot and some Judges interpreted the law differently for non precedent cases. I acknowledge that many cases that went before the board of appeals were dismissed… and showing extreme hardship was tough in case of the waiver but I will try everything until I can’t. Your support and encouragement means a lot, and I will keep you posted on the progress.I am grateful for the insights from all of you VJ members.

@Boiler understands my issue. It seems I can't reply because I've reached the maximum number of replies allowed. I'm not familiar with this system and how it works. Please let me know if I'm missing something. 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.

@SalishSea thanks for your input. You are right.. I read quite few myself And they all from Africa. So they are many scammers ( Cyber thieves) promising people that they will get visas if they apply for them. People will pay them and those people lie on victim’s applications and tell them what they should say. It’s sad but with internet being available in Africa and technology advancing, hopefully we won’t be seeing more cases like that.I think about relocating, it’s been hard not being with my wife and son.

@Boiler you are right, poor judgment on her part, she didn’t think it will affect our process. A lot of people in Africa don’t understand US laws and they really messed up like that.I have known her for longtime, I wish she asked me for advice before she did.I guess we started dating, she didn’t think as a big deal..or maybe it’s my bad that I didn’t question about her past.. to be fair though she didn’t dive into my past too so…. I have already filed the writ of mandamus. And I am waiting. Thanks a lot for ur input

@Boiler so at the interview in US embassy in Rwanda, my wife was issued a paper saying that the visa is denied under 221g for administrative processing that she doesn’t have to do anything.US consular officer said that she is returning her case for administrative processing but CEAC never reflected that. It is still showing that the case is still at US embassy. So I didn’t know that it was returned until I filed for Freedom of information act to the USCIS. The consular officer had notes that USCIS might need to consider new information that they have missed.when I filed her I-130, I didn’t know that she lied on her previous non immigrant visas, so I filed the I-130. She was never been married before and she told the consular officer that she was never been married.

Hello VJ, I find myself in a very similar situation that I have seen here(but some policies seem to have changed). In 2018 and 2019, my wife's agent lied on her applications (Student visa and Tourist visa), falsely stating that she was married when she was not (he invented a name for her spouse). Both visa applications were denied based on 214b. When I petitioned for her by filing out I-130 after our marriage in 2021, it was approved. However, during the interview, the visa was denied, and the case was sent back to the USCIS. I am still awaiting their response, and it has been one and a half years. Now, we have a son who has obtained his US passport and lives with his mother. It has been tough, but I adhere to a rule: if there is nothing I can do about a situation, I don't need to worry about it. I consulted with lawyers, and many advised filing a waiver (the challenge with the waiver is meeting the extreme hardship clause). Most lawyers in the US lack experience with these cases, and many have lost them. So, I've decided that if the USCIS sends the motion to revoke, I will have to appeal. I'll attempt to argue that the misrepresentation was not material, as stated by the attorney general and some Department of State manuals. You can find more information about the misrepresentation of material fact in this link: FAM Section 30.2. It states that if an applicant was found ineligible for a visa under a different and unrelated ground of ineligibility (such as INA 214(b)), a subsequent discovery that they had misrepresented certain aspects of the case would not be considered material. This is because the misrepresented facts did not tend to lead to an erroneous conclusion. For instance, if an applicant made a misrepresentation on the visa application about having a well-paying job to show they have a residence abroad, but before the misrepresentation was discovered, the visa was refused because the applicant could not, on the known facts, qualify as a nonimmigrant, the subsequent discovery that the applicant misrepresented their job status would not support a finding of materiality. This is because it had no bearing on the proper adjudication of the case. An applicant will never be ineligible under INA 212(a)(6)(C)(i) if they can demonstrate eligibility based on the true facts. Therefore, an assessment of ineligibility under this ground is not complete until the true facts, considering the applicant's misrepresentation, have been considered. The applicant bears the burden of establishing the true facts and bears the risk that uncertainties caused by their misrepresentation may be resolved against them. However, if the true facts support a finding that the applicant is eligible for a visa, the misrepresented fact is not material. I am not currently using a lawyer as they are very expensive. Any ideas and plz be nice. Happy new year 2024 Thank you all.