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K1 Visa denial via Section 212(a)(6)(C)(i) | Immigration Law Forum

K1 Visa denial via Section 212(a)(6)(C)(i)

Hello,

Thanks for having this forum. I need some advice. I have a fiancee in the Dominican Republic. I petitioned to have a K1 visa for her. She had her appointment in Aug. last month which I wasn't able to attend. So, needless to say they sent her away with section 212(g), but no out right denial at that time. She, didn't have her passport and unacceptable proof of our relationship. So, I waited until I had some vacation time and went down last week. We had our interview with documentation of our relationship, yet we were denied of the K1 Visa under Section 212(a)(6)(C)(i). So, from my understanding she said something that was false, but they didn't say what. She told me she told the consular that she her sister is in the U.S (illegally by the way). She, doesn't know how her sister is in the U.S. illegally. I don't know that Consulate knows her sister is here illegally. But, I think because on DS-156 I filled out for her (can't speak/read English) asks if she has relatives here. I put no for Brother/Sister.
Do we need to file a i-601 waiver even if we plan on marrying in a couple of months in the Dominican Republic? Would the current denial ruin her chance for a K3 visa? Thanks for any help.

cbcomer2

Comments

Phil's picture

Overcoming K1 denial for fraud or misrepresentation

Here is a link to an article I wrote that explains this in great detail.

http://www.pcurtislaw.com/understanding-possible-adverse-consquences-i-1...

It's possible that you could require a waiver but this does not seem like a case that cannot be resolved but it could be tricky and you should probably get some help because as you will see once you read my article, if you apply for an immigrant visa and that is denied the consequences are much more serious and tough to over come.

If you think you'd like some help with this email me and we can discuss it in more detail.

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