My spouse and I were recently denied our i485 due to not making enough money, this time we are thinking about reapplying with a joint sponsor. The problem is we have been waiting a year for her travel documents to come because she has VERY sick family in her home country and there is no one else to care for them.
We were thinking if she goes back home (she didn't accrue enough unlawful time to be banned) and we apply for Consular Processing, will they deny her? Her mother received medicine from the pharmacy(in her home country) in my wives name while my wife was living in the US, and this is considered fraud. Will the US Embassy look into this and deny our consular processing because of the fraud? She hasn't been convicted because she hasn't gone home.
(edit cleared up confusion, I hope.) Sorry.
Consular processing will require a police clearance and fraud connected to the applicant's name can be the basis of denial.
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Duplicate question - albeit with more details now.
The consulate will require police clearances from every country lived for more than 6 months since age 18.
Can still be denied on the basis of "fraud" - a waiver may or may not be approved.
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What do you mean: "she didn't accrue enough unlawful time to be banned"?
Are you saying that she didn't overstay by more than 6 months from when her I-94 expired?
Don't consider her 'protected' during the time that CIS processed the 485.
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