Visa Denied got 212(a)(5)(A)

[Vintage 0]

Today was our 2nd interview in Bogota. We both got interview and we apparently answered differently to one question. I tried to ask the consul which but the ahole closed the blinds on the window where the interview took place. My fiancee told me he was asking real personal questions like, when was the first time we had sex, did we use protection, is she on birth control.

So now I have no idea what to do. they gave me a sheet and highlited Seccion 212(a)(5)(A)

It´s says theyáre going to return the petition to department of national security and that the Immigration and Citizenship office will make a final decision on our case.

what can I do now?

[YuAndDan 153]

212(a)(5)(A) is Labor Certification???

Strange one for a fiancee visa, had the prospective immigrant worked in the USA before?

Anyway, yes you got the dreaded NOID, and USCIS will either close the case or you will have to deal with the NOID after it is returned to the USA.

You may need to have a lawyer deal with USCIS to overcome the notice of denial on file for the first case.

Lawyers – Be Careful Here!

Now in many cases where a K-1 has been delayed, refused or denied at a US Consulate, lawyers have advised clients to simply get married and file and I-130. That is not good advice, unless the attorney also advises the petitioner to pay close attention to the K-1 that has been sent back to the Service Center from the consulate.

If a Service Center begins a revocation proceeding for that K-1 petition, a petitioner’s failure to respond will mean that DHS will revoke the approval of the petition. When that happens, the 212(a)(6)(c )(i) that is pending in our beneficiary file, will become hard finding of Misrepresentation, under 9 FAM 40.63 N10.1 (above).

A Rude Surprise at the Second Consular Interview

Our love birds have followed their lawyer’s advice and forgotten about the K-1 petition. A NOID (Notice of Intent to Deny) letter comes in the mail and petitioner calls his lawyer. The lawyer says,

“Don’t worry about it. She’s your wife now. The K-1 petition is irrelevant.”

The lovebirds have taken the plunge and married. The petitioner has made another costly visit to the foreign country; bought another round trip airplane ticket, and maybe he has even sprung for a costly wedding ceremony.

An I-130 Petition for his new bride has been filed. And it is approved by the DHS Service Center. What will happen when his new wife appears at the US Consulate for her next interview?

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)(c )(i) finding on her record. Even if the petition for her is approved, she is permanently barred from entering the US, unless she can obtain a waiver to that ground of inadmissibility.

http://www.ilw.com/articles/2006,0323-ellis.shtm

[YuAndDan 153]

Only other take on 212(a)(5)(A) is the Visa Officer thought the visa beneficiary was entering the USA to work rather than marry which is what a K-1 is for.

More on 212(a)(5)(A): http://www.ilw.com/articles/2004,1102-endelman.shtm

[pushbrk 12,898]

Today was our 2nd interview in Bogota. We both got interview and we apparently answered differently to one question. I tried to ask the consul which but the ahole closed the blinds on the window where the interview took place. My fiancee told me he was asking real personal questions like, when was the first time we had sex, did we use protection, is she on birth control.

So now I have no idea what to do. they gave me a sheet and highlited Seccion 212(a)(5)(A)

It´s says theyáre going to return the petition to department of national security and that the Immigration and Citizenship office will make a final decision on our case.

what can I do now?

Sometimes they check the wrong box. Your explanation sounds more like a material misrepresentation to me. If you can do so without being to graphic, just what did the two of you answer differently? What's your best guess as to why you were denied?

Edited September 18, 2008 by pushbrk

[E-Man 0]

Looking at your age (22). Do you think your age had an impact on their decision?

[austin1 0]

Today was our 2nd interview in Bogota. We both got interview and we apparently answered differently to one question. I tried to ask the consul which but the ahole closed the blinds on the window where the interview took place. My fiancee told me he was asking real personal questions like, when was the first time we had sex, did we use protection, is she on birth control.

So now I have no idea what to do. they gave me a sheet and highlited Seccion 212(a)(5)(A)

It´s says theyáre going to return the petition to department of national security and that the Immigration and Citizenship office will make a final decision on our case.

what can I do now?

We had our interview on Wednesday in Bogota. Was this CO at window #3? This guy was denying alot of visas that day.

[Vintage 0]

The CO was at window #5

I asked my fiance all the questions they asked her. The question was If we had sexual relations. I got nervous and like a idiot said no, she said yes, that was the only question where our answers didn't match up.

I know I'm an #######.

[E-Man 0]

I am sorry that it turned out the way it did. They were asking some real personal questions (I am not sure legally if they can do this) in order to see if you were intimate (they assume couples getting married were intimate) in order to substantiate an actual relationship. Especially since you are relatives.

[sara..... 371]

I am sorry that it turned out the way it did. They were asking some real personal questions (I am not sure legally if they can do this) in order to see if you were intimate (they assume couples getting married were intimate) in order to substantiate an actual relationship. Especially since you are relatives.

what would happen if the man or women just said that really is not any of ur business its personal and not something that we wish to comment on?.....ur business is only to see if we meet the requirements for k1 visa and we more than surpass it so whats the problem?

[Vintage 0]

I'm not sure what to do at this point. If whether to just what and see what the USCIS says after they recieve the case, or start from scratch and marry my fiance in Colombia and go for the IR1/K3.

I really feel like making a complaint about those questions. I need help!!!!!!!!!!

[sara..... 371]

I'm not sure what to do at this point. If whether to just what and see what the USCIS says after they recieve the case, or start from scratch and marry my fiance in Colombia and go for the IR1/K3.

I really feel like making a complaint about those questions. I need help!!!!!!!!!!

well i dont know what u can do but i would sure make a complaint and explain to them that beings it was not any of their business because ur not the type to kiss and tell that they really had not legal right to ask that personal of a question..........after all what goes on in someones bedroom really is not anybodies business but ur own......and that u didnt want them to look at ur fiance as something that she is not..u should try to fight to keep the case there before its returned to usa maybe hire an attorney there......God help them if they ask perviz that

Edited September 19, 2008 by estadia

[pcana 1]

I'm not sure what to do at this point. If whether to just what and see what the USCIS says after they recieve the case, or start from scratch and marry my fiance in Colombia and go for the IR1/K3.

I really feel like making a complaint about those questions. I need help!!!!!!!!!!

well i dont know what u can do but i would sure make a complaint and explain to them that beings it was not any of their business because ur not the type to kiss and tell that they really had not legal right to ask that personal of a question..........after all what goes on in someones bedroom really is not anybodies business but ur own......and that u didnt want them to look at ur fiance as something that she is not..u should try to fight to keep the case there before its returned to usa maybe hire an attorney there......God help them if they ask perviz that

OHH they do have the legal right to do any kind of questions i guess.. otherwise they wouldn't do it.. They did it to us and after they granted my husband a visa, the consul at least had the courtesy to apologised which I thought it was nice after all.

Abby

[pushbrk 12,898]

I'm not sure what to do at this point. If whether to just what and see what the USCIS says after they recieve the case, or start from scratch and marry my fiance in Colombia and go for the IR1/K3.

I really feel like making a complaint about those questions. I need help!!!!!!!!!!

well i dont know what u can do but i would sure make a complaint and explain to them that beings it was not any of their business because ur not the type to kiss and tell that they really had not legal right to ask that personal of a question..........after all what goes on in someones bedroom really is not anybodies business but ur own......and that u didnt want them to look at ur fiance as something that she is not..u should try to fight to keep the case there before its returned to usa maybe hire an attorney there......God help them if they ask perviz that

OHH they do have the legal right to do any kind of questions i guess.. otherwise they wouldn't do it.. They did it to us and after they granted my husband a visa, the consul at least had the courtesy to apologised which I thought it was nice after all.

Abby

Yes, they have a right to ask any question they want and sometimes go into far more detail. Unfortunately, they have all they need to justifiably (albeit wrongly) conclude the relationship is not bona fide. Never lie to an immigration official or on an immigration form.

You might have a chance by getting an attorney to intervene locally if you do it quickly. Otherwise, yes, getting married and going through a spouse visa process will probably be necessary.

[TBoneTX 45,324]

It sounds as though the lie is what did it. Contact a GOOD immigration attorney IMMEDIATELY (http://www.tindallfoster.com -- request Mark Cross or J.J. Slater) and keep your file at the embassy, at all costs!

Of COURSE you were embarrassed. In not just my opinion, questions about intimate life are borderline harassment; they're illegal in government and in the private sector; and they have NO PLACE in a K-1 interview! We were asked the same questions, and not even by a consul, but by a Foreign Service National. I could vividly imagine the perverts in the back room playing with themselves, and replaying their videotape of the interview over and over, but that's beside the point.

A good attorney, if he acts pronto, has a chance of wheedling you out of this. Someone else (not on VJ) did the same lie about sex and was able to turn things around. Contact Tindall & Foster immediately!

[Minya's wife 25]

The CO was at window #5

I asked my fiance all the questions they asked her. The question was If we had sexual relations. I got nervous and like a idiot said no, she said yes, that was the only question where our answers didn't match up.

I know I'm an #######.

I'm sorry but the fact of the matter is that they can and sometimes will ask very personal questions to ascertain whether your relationship meets the bona-finde standard. Unfortunately, by getting nervous and answering "no" to the very personal question asked by the consular official, you lied to a government official, therefore the 212(a)(5)(A) denial on the grounds of misrepresentation. That is why it is always stressed not to lie on any forms, or in person to any immigration official, no matter what you do.

You should definitely consult and perhaps retain a competent immigration attorney, and see about keeping the petition at the consulate for another interview, but if you've been issued a NOID that may not be possible anymore. If your petition does get sent back, you want to make sure you follow it all the way to completion, and you get the official 'this file is closed' letter from USCIS before you do anything about filing another petition.

Again, a lawyer should be consulted before any paperwork is re-filed, because I'm not sure what the finding of misrepresentation means for any future petitions.

Good luck,

-P

It sounds as though the lie is what did it. Contact a GOOD immigration attorney IMMEDIATELY (http://www.tindallfoster.com -- request Mark Cross or J.J. Slater) and keep your file at the embassy, at all costs!

Of COURSE you were embarrassed. In not just my opinion, questions about intimate life are borderline harassment; they're illegal in government and in the private sector; and they have NO PLACE in a K-1 interview! We were asked the same questions, and not even by a consul, but by a Foreign Service National. I could vividly imagine the perverts in the back room playing with themselves, and replaying their videotape of the interview over and over, but that's beside the point.

A good attorney, if he acts pronto, has a chance of wheedling you out of this. Someone else (not on VJ) did the same lie about sex and was able to turn things around. Contact Tindall & Foster immediately!

I realize that the personal questions make everyone flustered, and should have no place in a K-1/K-3 interview, but the fact of the matter is that if you look at it from the viewpoint of the consular official's job, those type of questions do have a place. The CO is there to determine whether the relationship you say you have on paper is still ongoing and valid...so if he is not convinced after asking the standard questions and viewing your evidence, he may make the judgement call to ask some questions of a more personal nature so he can be convinced.

In our situation, though we had tons of evidence and photos, the CO was still not convinced and said our photos looked "posed"....so we gathered some of the more 'private' photos we had and showed those to the CO, at which time we were approved. I say that to illustrate that it is not some pervert CO trying to get his kicks asking these questions, and while it may be a stretch....there is an understandable reason behind the questions. I agree it is not ethical, and its embarrasing to make your private life public...but sometimes if there is not other way to convince the CO of the validity of your visa petition, divulging such very private information can be the difference between a NOID and a visa in passport. Faced between the two options, I'd rather sing like a canary abour exactly how when where and how many times, than face the prospect of any more time without my SO.

-P