My story starts in Sept.07; I came to the U.S for the first time with a H2B for 3 months, after some time I got an extension for another year.
During the year that I worked in the US, I met my current wife, not married at the time.
Oct.08, three months before my visa expired I met my wife; we dated, we fell in love. I left back to my country (Israel), stayed there for five months, during my stayed there I invited Monica(my wife) to Israel to meet my family and friends; she stayed with me for a month and went back to the U.S. When she was in Israel we already had spoken about family and a life together.
In Jun 22nd, 2009 I came back to the U.S (El-Paso, TX) two weeks after her. When I came in I presented my B1/B2 visa (that I had since 2007 just before I got the H2B) to the immigration officer, he sent me to another office, there they asked me what was the purpose of my visit and I answered “to visit my friend Monica”; I gave her address and they let me go with a three months tourist visa.
On Jun.26, 2009 four days later after I arrived, Monica and I got married.
Sept.09 we had our first interview and the officer claimed that the sponsor was not eligible, he asked us to submit a different sponsor within the next 30 days, day after we submit the new sponsor and since then my case stand on "pending" until Feb.12 (Miami, FL) we got the second interview; there the officer claimed that we were missing a Doctor’s review of my medical examination and vaccination record.
Since then I needed to do my biometrics twice and today (May31,2012) I attended my 3rd interview, this time the officer claim to denied my case with a INA 212(a)(6)(C)(i) fraudulent and misrepresenting information when I entered the U.S.
This was obviously not my intention, and now the interviewer gave me only one option and that’s cancelling my case and start over with a Fiancé (e) visa.
I need help!
Please advise me what should I do now? We are an honest couple just wanting a future together in the country that we love.
State/Country relating to question: Florida
Well, let me ask you a few questions and I will NOT be using this against you and we can lock this question down for privacy so that no one can see it after we are done.
1) Was Monica just a "friend" or was she more than a friend?
2) Did you have an intention just to visit when you entered or was your intention to stay if things worked out with Monica?
Yes, Monica was more then a friend at the time.And yes we knew that we will probably gonna get married after I will enter the US.Now I know that what I did was not 100% right but I really didn't knew it at the time. I didn't thought it will ever be a problem, we just wanted to be together.
Well, the way they will look at it is that it is common sense to know it is wrong to lie to a government official and that's essentially what you did. You knew Monica was not just a friend. But that's ok. You can try to either reopen your case and file an I-601 waiver for the fraud or just file everything over again with an I-601 waiver for the fraud. If granted, you will be able to get Residency status. The I-601 waiver is not easy to get, however. Your spouse will have to prove that if you are deported, she would suffer extreme hardship. That has to be something more than emotional hardship. You can also use the hardship of any other U.S. Citizen or U.S. Lawful Permanent Resident family member of yours as well. As I said, it is not easy to get. If you are going to do this, you should use an attorney. You can look for one at http://www.ailalawyer.com/. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. My goal is to provide you with top-notch service - please don't forget to leave me feedback if that is available for you to do so and a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
10+ years of experience in various aspects of U.S. Immigration Law.
Thanks you very much for the respond,What kind of hardship they will take as valid reason to keep me here?Except sadness and finance...
Here is a link with examples:
It talks about an I-601 waiver used from outside of the U.S., but just ignore that and focus on the types of hardship that they look at.
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