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I601 waiver, K3- Visa interview and approved I130

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  • I601 waiver, K3- Visa interview and approved I130

    I need help and advice with the waiver process. Backgroud is that overseas wife misrepresented age / birthday and attempted to cover up during K1 visa interview. Now I am working with an attorney and interview date is set but I need more clarification on waiver. Can she get visa while waiver is pending or everything has to clear before she is allowed to enter the US.

    Any help, especially from Mohan since he appears to be a guru, will be greatly appreciated.

  • #2
    Did she file a waiver? What's the second interview for?

    If one was found inadmissable/ineligible for a visa, that person can get the visa only after the approval of the waiver.

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    • #3
      I'm guessing that they found her inadmissible for fraud/misrepresentation? Normally overseas offices will not approve a visa until a waiver has been approved in such a circumstance.
      Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

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      • #4
        The second interview is the K3 interviw since she was found to have misrepresented her age durning the k1 interviw 2 years ago.

        The waiver will be filed when she interviews. I need to know if there is any means to request an expedited hearing/ review.

        The waiver will be filed in Lagos, Nigeria.

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        • #5
          I don't know of any legal means to get a expedited interview/adjucation of the waiver. Sometimes writing letters to the officer gets the ball moving quicker, sometimes it just pisses off the officer. Ask your fiance to try to gauge the officer's attitude during the interview.
          Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

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          • #6
            to what extent does the consular officer have influence over the waiver process.

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            • #7
              The consular officer does not adjudicate the I-601, but it is his job to forward the waiver to the appropriate DHS office. How quickly this is done can very greatly depending on the officer. Once the form is filed, however, the consul has no other control over the process as far as I know.
              Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

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              • #8
                Am I missing something here? What about "materiality"? Why did the wife lie about the age?

                Aside from all that, there's no excuse to lie to an immigration officer, none. The OP and the spouse need to be honest, truthful and forthcoming with the immigration official. I've said this over and over again, DO NOT LIE!

                -THIS IS NOT LEGAL ADVICE-

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                • #9
                  waiver is to get her admissible.. means waiver has to be approved to get any kind of visa..
                  Its a discussion, not a legal advise..

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                  • #10
                    Was the 601 for a misrepresentation? That's why I asked about materiality... and I don't see materiality in the age issue, unless she wasn't allowed to marry or something like that... This sounds like the "lie to cover up a lie" in Kungys, however, I don't come here to offer advice, that's between the OP and his attorney.

                    Anyways, people do this to themselves when they lie to immigration officers, I can't stress this enough, DO NOT LIE!

                    -THIS IS NOT LEGAL ADVICE-

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                    • #11
                      The issue here is that the lie has happened and cannot be taken back. Houston your are right in the sense that it was a lie to cover up a lie. In fact the charge is lying about the age in the sense that she had a previous student visa interview of which she changed her birthday. Visa was denied due to inability to shows that she can pay intl tuition. Then comes the K1 interview and she gave her real dob but did not check (yes)in that box that asks if you have previously applied for a visa. That was the attempted cover up in a nut shell.

                      Comment


                      • #12
                        You must read this post as a part of a general discussion, that's what this post is, not some form advice designed to fit your particular case. You have a lawyer, use your lawyer. If you actually don't have one, get one.

                        We don't know your case and I'm not here to offer you guidance, advice or help. The only "advice" that I'll give you is to stop lying.

                        That said, this sounds a lot like the second prong of the materiality definition rendered by the AG, the "line of inquiry test". You make it sound like she was denied because of a date of birth, that would not be material. She is most likely being denied because she's concealing the denial of the previous visa but that would only be material, generally speaking, if that denial shows inadmissibility as applied to the current application.

                        In any case, lying only causes trouble and it's disrespectful conduct, so once again, don't lie.

                        You have a lawyer, talk to the lawyer. This is not the place to seek legal advice, guidance or counseling.

                        -THIS IS NOT LEGAL ADVICE-

                        Comment


                        • #13
                          Houston, I take objection to the fact that you had to keep on reminding me over and over again that I am a liar! Perhaps I should'nt have given the ammuniton to swift boat me. You have'nt earned the right to pass judgement on anyone. Since this is a discussion as you called it, you should have kept your comments to yourself. I am strictly here to discuss with those that have had similar problems as I do. Obviously you are not one, so don't even bother to comment.

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                          • #14
                            Excuse me if I sounded rude, my apologies. I did not call you a liar, I reminded you not to lie, two different things. Even the Visa application forms remind you not to lie time and time again, so it's hardly an improper conduct.

                            The "don't lie" comment was intended at the general audience, some people believe there's no harm in lying, that's why I always remind everybody not to do so, it's not only immoral but very risky.

                            The consequences of even innocent lies may be catastrofic, and it would be a shame to see yet another family separated for some misrepresentation made without any malicious intent. Let me remind you that the law in place does not require actual fraud or intent, just a misrepresentation in order to trigger the penalties.

                            -THIS IS NIOT LEGAL ADVICE-

                            Comment


                            • #15
                              SHE'S A LIAR, LIARS ARE CRIMINALS, SHE SHOULD STAY IN HER OWN COUNTRY AND STOP WASTING OUR RESOURCES ON LIARS.
                              to Rambo and every damm illegal alien in the U.S. GET THE HELL OUT OF HERE!!! Your own countries are supposed to support you, THEY have an OBLIGATION with you, not us, when will you get it thru your sick skulls. We have MILLIONS of people who SHOULD

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