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  • marriage certificate problem

    Mohan/any one
    I need your help .Thanks in advance for your reply.
    I was on F1 and I tried to get my wife on F2. But unfortunately we did not have marriage certificate. So when she went to Consulate for F2, they rejected her visa on 221(g), lack of documents. But after 2 months she again went to consulate with a fake marriage certificate, but the consulate officer put the application under admistrative clearance. Later they got to know that the marriage certificate was fraud. Then she got a call from the consulate that her papers have been verified and she can come to consulte for interview. When she went for the interview, they told her that the marriage certificate was fake. She was asked to admit that the marriage certificate was fake under oath. She adimtted that to the consulate officer. The consulate officer has stamped on her passport that " application recieved". The consulate officer did not give any paper that says, under which section the visa was rejected.
    Now that I am on H1B, working for a reputed company, I wanted to apply again for her H4.what are the chances of getting her Visa, what are the additional documents do I need to carry with her.

  • #2
    sorry to hear about ur situation...you should consult a good lawyer.... she could have easily gotten a valid marriage certificate at that time.... if she admitted that the marriage certificate was fake then its a question about moral character i guess...there might be waivers or some other way ....good luck...Pasha

    Comment


    • #3
      Admitting under oath to a fraud for the purpose of obtaining a visa makes your wife inadmissible under section 212(a)(6)(C)(i) of the Immigration and Nationality Act (INA).

      http://travel.state.gov/visa/frvi_waivers.html

      " Section 212(a) of the Immigration and Nationality Act reads:

      (a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: ...

      (6) Illegal entrants and immigration violators.- ...

      (C) Misrepresentation.-

      (i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is *inadmissible*.

      ...

      (iii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I). ... "


      As you can see there's a waiver authorized for section 212(a)(6)(C)(i). I wasn't able to look up subsection (I) for details about waiver eligibility but in general waivers are only available to spouses of LPRs and USCs. H1-B is a non-immigrant visa.

      Cheers.

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