₦airaland Forum

Dear VO,

Thank you for your help in answering questions. I'd to inquire about my case.

I am a US citizen, I filed I-130 for my mother and it is already approved and on its way to NVC. The question I have is regarding to my mother as a beneficiary, because she previously was denied a K3 and/or CR1 visa.

So 12 years ago, she was married to a US citizen. They filed I-130 and then K3/K4 (for my brother). She went to the interview at the Consulate. The first time, she was denied under 212(a)(4)(A) public charge, which they submitted additional documents to overcome. At the second interview, she was denied under "9 FAM 42.43 N2.2 (3): In the presence case, no evidence of communication prior to marriage was submitted. Subsequence evidence consists of a few cards and short emails. These facts as ascertained by consular officer would convince a reasonable person that the claimed relationship is a sham entered into solely for immigration purposes and to evade immigration laws. The consular officer will return the petition to USCIS with a recommendation for revocation. If USCIS revokes the petition, the beneficiary will be ineligible for a visa under 212(A)(9)(C)(i)".

After that, her husband came to the Consulate to inquire, to no avail. They decided to abandon the case. Sometimes later, they decided their marriage wouldn't work because of the long distance and she can't go to the US, so they divorced.

I assume at some point, USCIS revoked the case, because the husband probably just didn't follow up if he received an inquiry or notice.

So, fast forward to today. I am worried if my mom will have any trouble when interviewing for the IR5. Will she be found inadmissible under 212(A)(9)(C)(i) in these circumstances? But it doesn't make any sense, because basically they found her did not provide sufficient evidence for the prior marriage, but that doesn't amount to misrepresentation under 212(A)(9)(C)(i), does it?

It is this article that got me worried: http://www.ilw.com/articles/2010,0713-Ellis.shtm

Thank you very much