I-601 Application was requested by USCIS and we are freaking out.

[Baris Sevinc]

Wife & I are on H1 and Greencard application is pending through my work. We've been interviewed & and presented all documents they requested. This week we received a mail that is asking my wife to prove our marriage is legit & asking to file I-601 and the letter of extreme hardship. Does that mean she needs to leave the US? We don't even know why she is inadmissible. What are our options?

[mousan]

Please let us know your next steps? We also received RFE to file I-601.

[Turk]

What documents did you provide initially when you applied for I-485? They don't seem to be convinced since asking for more documents related to marriage.

[newacct]

Did they say which section they think she is inadmissible under?

[mousan]

Did they say which section they think she is inadmissible under?

INA 212(a)(6)(C)

[newacct]

I'm assuming that's a (6)(C)(i), fraud or material misrepresentation, and not a (6)(C)(ii), false claim of US citizenship, since the latter has no waiver. Do you know of anything they think she committed fraud or made material misrepresentation on?

[mousan]

I'm assuming that's a (6)(C)(i), fraud or material misrepresentation, and not a (6)(C)(ii), false claim of US citizenship, since the latter has no waiver. Do you know of anything they think she committed fraud or made material misrepresentation on?

(i) Marital status was incorrect

[newacct]

(i) Marital status was incorrect

She put incorrect marital status on what?

[mousan]

She put incorrect marital status on what?

DS-160 application for B-1 visa

[newacct]

DS-160 application for B-1 visa

It could be argued that that misrepresentation was not material, as marital status is not really important for the adjudication of a business visa.