Previous Petition Kills Current Petition

[georgejetsgo]

History.. 2005 approved K-1 petition.. intervew date set.. beneficiary found petitioner unfaithful.. did not attend interview.. 3 years later

New fiancee & petitioner (Me) and approved K-1 petition.

Aug 27, 2008.. interview went well, visa granted.. next day... visa denied.. package went back to NVC for 3 months.. just got the refusal letter.. "Misrepresentation .... 6C1"

 

This is very serious..

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)©(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.

 

I am at a loss. Is it difficult to obtain this waiver? Can we get married and apply for spouse visa or will this same misrepresentation acusation haunt us?

 

My fiancee was not at fault here. She broke off the engagement and it seems the petioner may not have followed up by responding to the revocation notice. (not sure) Does he need to be involved in this? Seems simple to me, but nothing has been simple so far. I included a letter from me in our package that stated I was fully aware of the previous petition and it was not a problem. She did not misrepresent anything. Was it her responsibility to pull the previous petition. I don't believe it was.

 

Does anyone know of an attorney or visa specialist that handles this sort of case?

 

George

[tsap seui]

History.. 2005 approved K-1 petition.. intervew date set.. beneficiary found petitioner unfaithful.. did not attend interview.. 3 years later

New fiancee & petitioner (Me) and approved K-1 petition.

Aug 27, 2008.. interview went well, visa granted.. next day... visa denied.. package went back to NVC for 3 months.. just got the refusal letter.. "Misrepresentation .... 6C1"

 

This is very serious..

 

Because the petitioner did not respond to the K-1 revocation notice, the beneficiary has a 212(a)(6)©(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.

 

I am at a loss. Is it difficult to obtain this waiver? Can we get married and apply for spouse visa or will this same misrepresentation acusation haunt us?

 

My fiancee was not at fault here. She broke off the engagement and it seems the petioner may not have followed up by responding to the revocation notice. (not sure) Does he need to be involved in this? Seems simple to me, but nothing has been simple so far. I included a letter from me in our package that stated I was fully aware of the previous petition and it was not a problem. She did not misrepresent anything. Was it her responsibility to pull the previous petition. I don't believe it was.

 

Does anyone know of an attorney or visa specialist that handles this sort of case?

 

George

 

 

The best advice I can give you is to ask attorney Marc Ellis these questions. His e-mail is

 

marcellislaw@gmail.com

 

He will talk to you on e-mail and you can decide if you want to hire him.

 

Speculation and conjecture cloud the vision of the DOS workers in Guangzhou, often they won't take anyting you have as proof or evidence that is contrary as to how they see your relationship...after their admitted 15 minutes of gazing at your paperwork.

 

Good luck...it'll take time, but perseverance will make you both happy.

 

tsap seui

[LeeFisher3]

There is no other path for you on this other than a waiver, she is permanently barred from entering the US as the letter said and getting married doesn't change that, you can get a waiver or move to China. The waiver is the only way for her to get to the US, ever.

 

Here is a thread that talks about getting a waiver, I-601, Waiver approval

 

He hasn't been on the board for a few months, but you can try sending him an email. He might be able to help point you in the right direction.

 

This is guilt through association at it's best, because she ended the relationship a few years ago and he didn't respond the the USCIS they tag her with this.

 

It sound like a case that can get a waiver, but that takes time. This case must follow the waiver process in the US and Marc Ellis can point you in the right direction.

 

Here are the instructions and forms that are involved, you will want to do some reading so you are familiar with them.

Download Instructions for Completing Form I-601

Download I-601

Edited December 7, 2008 by LeeFisher3 (see edit history)