bionomique

Well, I'd say the attorney is covering all possibilities and being precautious ~ but frankly I would not have thought that this case would appear to be so precarious, unless there is more to it than meets the eye. The only thing I can think of is that perhaps he believes there is a possibility that if it were determined that your spouse did have immigrant intent, then the failure to disclose could be tantamount to material misrepresentation and under Section 212, INA §212(a)(6)(C)(i), an alien who willfully misrepresents a material fact, seeks to secure a visa, or entry into the United States or other benefit provided under the INA is excludable. A material fact, which may have otherwise rendered the alien excludable or shut off a line of inquiry which may have resulted in exclusion.

But I'm guessing.

nutts4mutts

I told him to paint me the worst scenario possible under any circumstance. Guess he did then... I feel bad now.
We've always been honest with everybody and the truth is, a couple days before the wedding I didn't even know I was getting married myself! Nobody did, it was something that happened after some series of events that made us do what we did.

There was no intent and the attorney did say that this "easy to obtain" waiver would be required if they make a mistake and think of misrepresentation. He also told us that the way he sees it, there's no misrepresentation whatsoever, just an act based on impulse.

Just wanted to cover all my bases with him I guess. Is that waiver really easy to obtain anyways? I'm asking because you never know what to expect from these people.

nutts4mutts

For instance, he was realistic when I asked him about the age gap (I'm almost 10 years older than him). He said that an application can not be rendered as fraudulent on age gaps alone. He noted that maybe more questions would be asked or maybe more detailed questions. He also said not to worry about it, he said that my petition will be approved (I-130) if I send in proof of USC and fill the forms out correctly. He said the "age" thing for instance or the "intent" issue will only come up at the AOS interview, if they come up at all.

nutts4mutts

Thanks so much to all who are posting on this issue, your help and advice is greately appreciated!

ian-mstm

Well... d'uh! And you wonder why you're becoming more agitated about this?

You're bordering on obsessed now, for something which I and others have indicated is largely a non-issue. You are creating imagined scenarios which are hurting your objectivity. You see this as a major stumbling block before you've even done anything about it!

We don't know whether or not you should trust your lawyer - we don't know you, we don't know your lawyer, we don't know the intricacies of your case and, for the most part, we are just lay persons freely giving out answers based on our experiences. Our experiences are not necessarily your experiences!

Oh, when posting, it'd help a bit if you quote some of the message to which you're responding... it's makes it a lot easier to follow the conversation.

Ian

scrubbedexpat099

There is a waiver for an overstay, but this would apply if your Spouse was OUTSIDE the USA.

I have never heard of a waiver for the situation you describe, but then I can not see why it would be needed, he is here.

nutts4mutts

A little background, my attorney knows mostly what I've mentioned here, there's not much to the case other than the fact that he came over several times to visit me, the overstay and the age difference. You can read about it in the initial post that started this chain.

Regarding the age difference the attorney said that he don't see a problem, he said that maybe it will cause a little more questioning and other related actions during the interview but that was that. He said they can't deny the I-130 and therefore the right to the interview based only unpon age gaps.

For the overstay he said also not to worry about it, he said this is not up to inspectors but it's the law sice he's remained here without leaving after the wedding to USC.

The famous waiver I brought up is for inadmissibility based on "undocumented enrty" that would apply just in case the USCIS get's obsessed with intent and want to make a finding on missrepresentation. We've been honest with everybody, never lied, so he said that shouldn't be a problem, it's a just an ace in the hole.

I've taken a few days off from work to finally get this thing started, we can't wait any longer. I've been played before (didn't wait 5 years for the sake of it) and I would appreciate some advice that can tell me if he's being honest with me. It's not only money, but having to disclose your personal life to lots of people every week without any results is very stressing.

scrubbedexpat099

There is no such waiver, you can not adjust in the US if you are EWI, you have to leave and then apply for the waiver. I-601 if you want to look it up.

nutts4mutts

According to this guy, the "undocumented entry" applies to situations when people enter with a false visa, when they lie to any questions upon inspections and when they try to enter without a visa. Funny, but it doesn't apply to border jumpers.

Now, like I said, I wanted the worst case for us, and he said they could have a stroke and create a mess (we laughed). Then he said that if they really wanted to get hard about intent they could use this "undocumented entry" to manufacture a missrepresentation finding (lying upon inspection) since intent alone is not grounds for denial based on a recent "board" precedent. Hence the need for the waiver. He said that the waiver was a formalily available only to relatives of USC and gets approved with ease.

Does this sound right?

Noorah101

"undocumented entry" or "entering without inspection" is different than "entering legally with intent to marry and remain to adjust status".

Rene

scrubbedexpat099

http://www.shusterman.com/fraudwvr.html

I know very little about these, I601 and I212 have good success rates, I think you really would not want to need to go after one of these, I have never seen anybody post who has.

nutts4mutts

Let me explain... I started to push the issue until he mentioned the waiver. I don't see the need for it, most of you don't either, it's just a thing to cover ALL possible outcomes and to be prepared knowing what to expect if things turn into some dark universe.

Anyway, this is how I've been all my life, preparing for the worst.

I also took a trip to see a friend who I know has been through the same, she had and age gap similar to ours and also some other "factor". You see, she married a guy who was an illegal 22 years ago after falling in love with him. The guy abused her physically and mentally to the point where she couldn't take it no more after 12 years of marriage. She recently got married to another guy who she met online and none of these things were actually turned into issues by the USCIS adjudicator. Why do I tell you this? Because we took a 14 hour drive to go see her and gather some info on what to expect.

Again, maybe I'm being too paranoid, it's just me though.

scrubbedexpat099

None of the above suggest issues that would be raised

If you want to be paranoid, just read these boards and all the others out there and assume that all the nasties are collectively going to happen on your case!

nutts4mutts

Just lost in this shuffle and trying to make sense out of the whole process. Complicated, difficult but well worth it in the end. You guys took a look at our situation and told me there's no need to worry, I appreciate your comments and really take it as valid advice. 6 months ago I was told by a friend that the fact that we had an age gap would make them deny my I-130 before even getting to the interview, and we spent christmas in a very sad mood! That's the kind of advice I had to listen to in the past. To be honest, I was pretty much lost before I found this place.

Now I know we can do this, there's nothing wrong with our situation, nothing specially difficult. I'll tell you though, I ain't gonna listen to more big mouth jerks who just want us to go through hell only because he's from another country.

scrubbedexpat099

The only time I have seen issues with age difference is where the Fiancee/Spouse is Female and the Male comes from a culture where marrying a much older female is frowned upon.

That is at the Embassy level, never seen it mentioned in the US.