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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

Leedah
Hi all.

I am wondering about something...
(here's the background first....)

I filed the 1-130 (ultimate CR-1) for my husband on Dec.11, 2007.

It went to the Chicago lockbox until it ultimately ended up at slooooooow Vermont where it is still languishing. I only have NOA1.

When I filed, I hadn't changed my last name from my ex (simply due to time issues of work/DMV long lines, SS office long lines, etc).

I had planned to just get it filed first, then change my last name when I could wrangle a day off from my anal retentive boss.

Anyway, here's the skinny:

My ex is deported and also wanted by the FBI for international parental kidnapping. (took our two boys through his cousins when he left).

Anyway, his name is obviously (I assume whistling.gif ) in the immigration system as a "booted out" person wanted by the FBI.

I am wondering if I could be getting the runaround because I filed for my husband when I still had my ex's last name (which may pop up red flags whenever my file is opened).

Each time I call and actually get a real immigration officer, I am always asked "who are you". When I say my name with that last name as my petition shows. The person then says "are you sure?"

It is strange to say the least, which is why I wonder if immigration is running some sort of long and drawn out background check just because I was once married to a deported person who is wanted.

If that is the case, is that legal to do? I am not related to the person (only by previous marriage and by nature of my kids). He can not come back to the U.S. Also he still has my kids and an active FBI & state dept. case cause of my kids.

The embassy who will eventually give my husband his interview and his visa know me personally from traveling to the country so many times regarding my children (which is how I met and fell in love with my present husband).

So I also wonder if this will hinder or hurt his interview when it comes since he is also from the same country. (he doesn't know my ex personally and never met him). and I wonder if the consulate would deny my husband (out of bias towards the natives & due to the issues they know about already with my case already their involving my children.)

I know no one but USCIS will ultimately give a straight answer on the questions I asked, ....just looking for hypothesis from others. 50 heads are better than one. lol

Thanks
KipandSarahJayne

I'm sorry that I cannot give you any advice on this situation, but I just want to say that what you've been through sounds terrible. I can only pray that it gets sorted out soon. There are just soooo many heartbreaking stories on this website. I hope USCIS will treat you kindly as it sounds like you've been through enough crap to last a lifetime.
rose.gif
EdgarVirginia
My personal opinion is that they are different people and I think that's how FBI and Immigration would look into this. It should not harm your husband's interview neither the process itself. But anyways I would suggest you to contact a lawyer to get a prophessional advice in order to eliminate all your doubts regarding this matter. That would be the correct and prudent step in this case!

Good Luck and I wish you all the best!!
przy
QUOTE(Lynna @ Apr 20 2008, 04:52 PM) *
My personal opinion is that they are different people and I think that's how FBI and Immigration would look into this. It should not harm your husband's interview neither the process itself. But anyways I would suggest you to contact a lawyer to get a prophessional advice in order to eliminate all your doubts regarding this matter. That would be the correct and prudent step in this case!

Good Luck and I wish you all the best!!


Couldn't agree more with this reply. Here's wishing you lots of luck! good.gif

Kind regards,

Przy
Dylan'sWife
QUOTE(Leedah @ Apr 20 2008, 12:25 PM) *
Hi all.

I am wondering about something...
(here's the background first....)

I filed the 1-130 (ultimate CR-1) for my husband on Dec.11, 2007.

It went to the Chicago lockbox until it ultimately ended up at slooooooow Vermont where it is still languishing. I only have NOA1.

When I filed, I hadn't changed my last name from my ex (simply due to time issues of work/DMV long lines, SS office long lines, etc).

I had planned to just get it filed first, then change my last name when I could wrangle a day off from my anal retentive boss.

Anyway, here's the skinny:

My ex is deported and also wanted by the FBI for international parental kidnapping. (took our two boys through his cousins when he left).

Anyway, his name is obviously (I assume whistling.gif ) in the immigration system as a "booted out" person wanted by the FBI.

I am wondering if I could be getting the runaround because I filed for my husband when I still had my ex's last name (which may pop up red flags whenever my file is opened).

Each time I call and actually get a real immigration officer, I am always asked "who are you". When I say my name with that last name as my petition shows. The person then says "are you sure?"

It is strange to say the least, which is why I wonder if immigration is running some sort of long and drawn out background check just because I was once married to a deported person who is wanted.

If that is the case, is that legal to do? I am not related to the person (only by previous marriage and by nature of my kids). He can not come back to the U.S. Also he still has my kids and an active FBI & state dept. case cause of my kids.

The embassy who will eventually give my husband his interview and his visa know me personally from traveling to the country so many times regarding my children (which is how I met and fell in love with my present husband).

So I also wonder if this will hinder or hurt his interview when it comes since he is also from the same country. (he doesn't know my ex personally and never met him). and I wonder if the consulate would deny my husband (out of bias towards the natives & due to the issues they know about already with my case already their involving my children.)

I know no one but USCIS will ultimately give a straight answer on the questions I asked, ....just looking for hypothesis from others. 50 heads are better than one. lol

Thanks



First of all, I am very sorry to hear about the situation involving your children. I pray it gets resolved soon.

Whether or not you changed your last name, your past marriage would be listed on the documents you have to submit. So don't beat yourself up thinking that if you had only changed your name that perhaps things may be different.
I can't see a reason your husbands actions would hinder your now husbands interview...but some red flags may be raised during the process since your ex is on a watch list. Again, I do not see it as a reason to deny your petition; but if they do a name check on your ex, it's going to get a hit.
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