Misrepresentation at POE

My fiancee was victimized by a fraud ring Dec 2001.She did not learn that she had a fraudulent B1 Visa until she got to her POE. She was sent back to her country. She immidiately reported the agency to the proper authorities and found it to be legit and have enough evidence to file to the proper courts and now there is a warrant of their arrest and suspension to leave the country. We filed I-129F Last July and was approved,she was interviewed at the embassy and was denied. We disclosed everything to them on how she was defrauded and was not aware of it. She was sent to the fraud unit and Vice Consul General where they investigated the facts and she was asked to sign a sworn statement, she was then reffered back to the Immigration Visa Unit the same day and was again denied. The adjudicating officer did not even know about the investigation. The IV unit did not even know about the facts and denied the Visa and was asked to obtain an I-601 waiver.

My lawyer is currently calling the embassy to overturn their decision as she was innocent to the incident. Basically, the misreprentation was not willful.

If an I-601 was is filed. My hardship are as follows: 1) I was diagnosed to what they call separation disorder. I am currently seeing a psychiatrist for medication and Psychologist for therapy.
2)I have children from previous marriage which I have 50% custody and childsupport and childcare responsibility. I am very active in their curricular life where I volunteer on their school.
My ex also would not allow my children to come with me or visit me there.

3)All of my families are now here in the US.

4.)I have a career that pays me $4500+/month and I will not be able to acquire that same career and pay where my Fiancee resides(third world). Most probably I would get is $300 to $400 per month. Worst yet,I might now even get a job there as the requiremnt is astringent with age and residency.

5.)I have property here that I just purchased about a year ago and if I sold it would cost me atleast 25% tax in capital gain and 5-6% real estate fee which both could just eat all my equity(not a whole lot).

As you can see, my life is here in the US. The embassy had no question about the relationship as we have provided more than enough to prove it.
I have a parental and financial responsibilities here to my children and my families are all here.
I am suffering a severe anxieties and depression.

I have done extensive research about the waiver and everything else that goes with it. I would just like to get some feedback from all the knowledgable posters here in this board. Your kind response are greatly and highly appreciated.

My fiancee was victimized by a fraud ring Dec 2001.She did not learn that she had a fraudulent B1 Visa until she got to her POE. She was sent back to her country. She immidiately reported the agency to the proper authorities and found it to be legit and have enough evidence to file to the proper courts and now there is a warrant of their arrest and suspension to leave the country. We filed I-129F Last July and was approved,she was interviewed at the embassy and was denied. We disclosed everything to them on how she was defrauded and was not aware of it. She was sent to the fraud unit and Vice Consul General where they investigated the facts and she was asked to sign a sworn statement, she was then reffered back to the Immigration Visa Unit the same day and was again denied. The adjudicating officer did not even know about the investigation. The IV unit did not even know about the facts and denied the Visa and was asked to obtain an I-601 waiver.

My lawyer is currently calling the embassy to overturn their decision as she was innocent to the incident. Basically, the misreprentation was not willful.

If an I-601 was is filed. My hardship are as follows: 1) I was diagnosed to what they call separation disorder. I am currently seeing a psychiatrist for medication and Psychologist for therapy.
2)I have children from previous marriage which I have 50% custody and childsupport and childcare responsibility. I am very active in their curricular life where I volunteer on their school.
My ex also would not allow my children to come with me or visit me there.

3)All of my families are now here in the US.

4.)I have a career that pays me $4500+/month and I will not be able to acquire that same career and pay where my Fiancee resides(third world). Most probably I would get is $300 to $400 per month. Worst yet,I might now even get a job there as the requiremnt is astringent with age and residency.

5.)I have property here that I just purchased about a year ago and if I sold it would cost me atleast 25% tax in capital gain and 5-6% real estate fee which both could just eat all my equity(not a whole lot).

As you can see, my life is here in the US. The embassy had no question about the relationship as we have provided more than enough to prove it.
I have a parental and financial responsibilities here to my children and my families are all here.
I am suffering a severe anxieties and depression.

I have done extensive research about the waiver and everything else that goes with it. I would just like to get some feedback from all the knowledgable posters here in this board. Your kind response are greatly and highly appreciated.

It doesn't make sense to me what you are saying about your fiancee's denial. What was the reason why she was denied? Even if you hired an agency to process all your papers you still have the final say in what should be presented to the US Consulate. She will be the one who will go to the embassy for interview, and she should have inspected all necessary documents before appearance.There are always two sides in a coin. I think you are in the right track, work with your lawyer but read more about US immigration.

I apologize for any confusion. She was decieved that it was not neccesary for her to go to the interview which was called "Non-appearance". I must admit she was ignorant. She was able to leave the country and get to Newark International airport where she learned that her Visa was tampered. Apparently the INS officer told her that the Visa belong to someone else and it was tampered with her information. My Fiancee had no knowledge at all that the Visa was tampered. She gave the agency all her neccessary documents such as B-certificate,diploma,transcripts and so forth. If she has known that this was fraudulent, she would have not gone at all.
Thank you for your post.

Oh I see...There are always serpent everywhere. I'm sorry to hear about that.Just be patient, with the help of your lawyer the truth will come out.Make sure your lawyer is very good with I-601. Ask Mohan, he can give you more advices, he's more knowledgeable than most of us.Don't always dump all responsibilities to your lawyer, work with him, this is a give and take relationship.You can also give him some ideas, not all lawyers is know-it -all. So keep on following this board and reading some cases so you have more ideas, the more ideas you have the more prepared you are for the battle to come. This is a very long and tedious process but don't lose hope.Goodluck!

My fiance has 2 broken legs and remains in traction. His family is starving to death back in their home country because he is unable to send them money. I have 2 boxes of rice a roni to last me for a week.
I am facing being laid off from my job, $2000 a month. I am supporting 7 people on $500 a month, after I pay my rent & bills.

You are in a better position than I am, for sure. Stay where you are and try to work with the INS to get her here. Dont quit your job either. Im a recruiter and there are no jobs out there right now.

If she's really the one you love, you can part with some of your stash. Unfortunately that is the price you pay for falling in love with a non-American. Good luck.

It's not about money. If you love the girl and it will still cost thousands to get through the mess, then go to her country and the cost of living will not be that great. You'll still be together and that's what you wanted or you wouldn't have fallen in love with her, no? Richer or poorer?

First off, thanks for all the replies. Yes indeed that the labor market here in America is now very bad. I am holding on to my job and I will not stop fighting until I get my love here in the U.S.

Mohan...someone has reffered me to ask an advice from you in this board.

Thank you in advance.

Its a case of misrep. Your spouse obtain a fake visa to entered. As I see you guys filed for waiver of inadmisiblity,it was denied. there can be many reason for the denial. Most common reason is the fact you have but it may not be presented professionally.
If you would have asked before the waiver filing ,I helped you a lot. see my posting on Nov 25th under Extremehardship hardship. You have to get this I-601 waiver, then only visa will be issued. My advise is to file the waiver again, Should be filed in professional manner with clerly mentioned all the facts and supporting evidence concurrently. Take a second openion before filing.

The waiver has not been filed. My lawyer insisted that she discuss this matter with the embassy as she believes that there was no misreprentation simply because my Fiancee did not even know that she had an altered Visa. My Fiancee did the due process and reported these crooks to the authorities and now a warrant of their arrest has been issued and its still ongoing till this date.
My lawyer also convince me that she will contact some INS group in Washington that deals with Expedited Removal. She said that she will try and convince them if she can have my Fiancee application withdrawn. I am still uncertain what that really means but I try to trust my lawyer on what needs to be done before we file any waiver.
I know it may sound that its insane to believe any agency such as my Fiancee case, it just happened that she know couple of friends of hers that used the same agency and are now in the U.S., in fact, before she committed herself to these crooks, she called up her friend in New York(who used the same agency) and asked him if this guys are legit and his answer was Yes.
This has been very difficult especially with the holidays in the horizon which makes this whole thing drag. It seems like we are going to resort to the waiver in the end so I am trying to gather all needed ideas/scenarios and good advices such you before the time comes. Thank you in advance for any feedback you may have.

In consulate it was treated as misrep thats why Consulate aseked to obtain the waiver. I don't think Talking to Consulate will make any good. If your Attorney is capable to withdraw the application then its fine but I doubt that. Reporting these crooks to expedite removal is another sceaniro which is not related to get her visa. ( yes, its an action against the crooks but what impect it has on your case?)Consulate is not gonna issue visa based on reported.
So you end up filing a waiver. ( consulate way). gather the information you need to file, lets your attorney write it professionally. and if you feel its approval , file it. MY advice is to take second openion after waiver brief written ( before filing).
Good luck.

You keep insisting a second opinion but I'm not sure what you mean. Show it to another lawyer? My lawyer told me that I have a good case. She explained to me the balancing of good and the bad, She said that the good is the extreme hardship on my case where I have children here from previous marriage and I have 50% custody which I pay childsupport & childcare,my siblings and mother are also here and now U.S. citizens,I have a disorder that I was diagnosed of by my psychologist, I would not be able to a acquire a job in the philippines that will pay me enough to pay the support that I have for my children and myself...and so on. The other balance is that my Fiancee issue is not willful and therefore its not a hard offense.

Thank you for your reponses.