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K-1 visa problems

#16 del-2-5-2014

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Posted 09 September 2012 - 04:32 PM

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Just out of curiosity, did you know of all the past immigration fraud before you filed the current petition?

On the list of my unacceptable while searching for a suitable spouse was previous visa petitions. In fact not having a passport was very beautiful in my eyes.

Us as USC have a potential criminal liability if we're not careful.

Good luck on this that is going to be an expensive and not guaranteed journey but you can always emigrate to Philippines though.
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#17 Ryan H

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Posted 09 September 2012 - 04:38 PM

Do you think it would be easier for me to hire a lawyer in my home state of Nevada, or is the process available to do across state?


Since immigration is dealt with on the federal level, any lawyer, regardless of location can represent you. As others have suggested and I will reiterate, you will need a lawyer who is experienced with complicated immigration cases.

Edited by Ryan H, 09 September 2012 - 04:38 PM.

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September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013:  Biometrics Appointment

January 28, 2014:  Production of new Green Card ordered

February 3, 2014:  New Green Card received; done with USCIS until fall of 2023*


#18 HeresJohnny

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Posted 09 September 2012 - 04:45 PM

Just out of curiosity, did you know of all the past immigration fraud before you filed the current petition?

On the list of my unacceptable while searching for a suitable spouse was previous visa petitions. In fact not having a passport was very beautiful in my eyes.

Us as USC have a potential criminal liability if we're not careful.

Good luck on this that is going to be an expensive and not guaranteed journey but you can always emigrate to Philippines though.


Unfortunately, I did know of the past immigration fraud when I filed my current petition. I thought there would be a chance that I could get her over to the United States without them finding out. But from the responses in this thread, I see that I was just fooling myself. I am willing to just pull the petition and contact Scott and Associates to see if they can help me with this case. I am willing to pay for it, just to be with her.
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#19 NY_BX

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Posted 09 September 2012 - 04:52 PM

Unfortunately, I did know of the past immigration fraud when I filed my current petition. I thought there would be a chance that I could get her over to the United States without them finding out. But from the responses in this thread, I see that I was just fooling myself. I am willing to just pull the petition and contact Scott and Associates to see if they can help me with this case. I am willing to pay for it, just to be with her.

I you knew, then you just hurt her incredibly, frankly. You made it a lot worse for her and you got yourself into an very bad position- deliberately lying to USCIS. I'd pull the peition tomorrow first thing in the morning.

Edited by NY_BX, 09 September 2012 - 04:54 PM.

  • 2
Don't ever do anything you're not willing to explain the paramedics.

#20 Ihavequestions

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Posted 09 September 2012 - 04:58 PM

Just out of curiosity, if she has had no contact with either of these two men, how is it her husband refuses to terminate the marriage?

I agree with the others; there's no way this petition will pass a sniff test, much less result in successful immigration. Pull it, sort out her marital problems, then when that's finished - in a year or so - see where you are in terms of trying again.
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#21 HeresJohnny

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Posted 09 September 2012 - 05:04 PM

In 1999, when she was able to get to Philippines he told her that he would never let her leave the marriage. He told her that she was basically free from him when he died, like if he couldn't have her than nobody could. He would be in his 70s by now and we don't know his whereabouts in the United States.

Edited by HeresJohnny, 09 September 2012 - 05:04 PM.

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#22 Ihavequestions

Ihavequestions

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Posted 09 September 2012 - 05:07 PM

In 1999, when she was able to get to Philippines he told her that he would never let her leave the marriage. He told her that she was basically free from him when he died, like if he couldn't have her than nobody could. He would be in his 70s by now and we don't know his whereabouts in the United States.


If she knows his social security number it would be easy enough to determine if he's deceased, which would solve the divorce/annulment issue.

And, if that's the case, as his widow, she may be entitled to some benefits. That would be poetic justice.
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#23 HeresJohnny

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Posted 09 September 2012 - 05:16 PM

I just spoke with my mother who was petitioned by my father in 1989. She basically said to me that the fingerprints were only used to find out if she committed any prior crimes. Also that it would not bring up prior records that my fiancee went through the visa process in 1999. She also said that back then they only fingerprinted once for the NBI. I am unsure if she is accurate, because it was 23 years ago when my parents were approved. From what I read from the responses in this thread I feel more inclined to take the advice of the posters. I just thought that I should mention this.

Edit: I asked my fiancee if they fingerprinted her in the past petition. She said they did not fingerprint her in the interview and in customs. Just had her sign a paper where she was going to travel. But when she got her green card they fingerprint her on a paper. Then we she got her passport 1.5 years ago she said they also fingerprint her but the computers were different than before. I'm thinking that just the green card fingerprints would be more than enough to get caught.

Edited by HeresJohnny, 09 September 2012 - 05:20 PM.

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#24 NY_BX

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Posted 09 September 2012 - 05:19 PM

If she knows his social security number it would be easy enough to determine if he's deceased, which would solve the divorce/annulment issue.

And, if that's the case, as his widow, she may be entitled to some benefits. That would be poetic justice.

and also too good to be true. There's more to this story than the OP probably knows or is willing to reveal. The USC can't marry someone under a fake name and fake birth-date. Not to say it doesn't happen, but if it did happen, then they were never married. So, needless to say, I'm not buying the 'fake name and fake birthday' story. If indeed they were legally married, under true facts, she can file for divorce. That's the part, I'm also confused about. In the US NO ONE is forced to stay in a marriage. There's a whole lot more to this story.

To the OP, are you making money transfers? Did she reveal more information AFTER you filed the petition?

I just spoke with my mother who was petitioned by my father in 1989. She basically said to me that the fingerprints were only used to find out if she committed any prior crimes. Also that it would not bring up prior records that my fiancee went through the visa process in 1999. She also said that back then they only fingerprinted once for the NBI. I am unsure if she is accurate, because it was 23 years ago when my parents were approved. From what I read from the responses in this thread I feel more inclined to take the advice of the posters. I just thought that I should mention this.

So, what she said CONFIRMS your problems: fingerprints are taken and used to check for a criminal record. And yes, it will bring up she was petitioned for, for immigration purposes. So yes, there are fingerprints on file and they will be matched.

Edited by NY_BX, 09 September 2012 - 05:20 PM.

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Don't ever do anything you're not willing to explain the paramedics.

#25 del-2-5-2014

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Posted 09 September 2012 - 05:22 PM

If she knows his social security number it would be easy enough to determine if he's deceased, which would solve the divorce/annulment issue.

And, if that's the case, as his widow, she may be entitled to some benefits. That would be poetic justice.


Unfortunately I don't agree but any explanation I offer will not benefit the discussion.

I just spoke with my mother who was petitioned by my father in 1989. She basically said to me that the fingerprints were only used to find out if she committed any prior crimes. Also that it would not bring up prior records that my fiancee went through the visa process in 1999. She also said that back then they only fingerprinted once for the NBI. I am unsure if she is accurate, because it was 23 years ago when my parents were approved. From what I read from the responses in this thread I feel more inclined to take the advice of the posters. I just thought that I should mention this.

Edit: I asked my fiancee if they fingerprinted her in the past petition. She said they did not fingerprint her in the interview and in customs. Just had her sign a paper where she was going to travel. But when she got her green card they fingerprint her on a paper. Then we she got her passport 1.5 years ago she said they also fingerprint her but the computers were different than before. I'm thinking that just the green card fingerprints would be more than enough to get caught.


There's nothing wrong with hopeful thinking BUT the reality is that you should trust what VJers are telling you and verify with a Lawyer.
  • 2

#26 Pinkrlion

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Posted 09 September 2012 - 05:28 PM

Hello everyone. I have a few questions that pertain to my fiancee in the Philippines. First off, she has been petitioned in the past and approved 13 years ago. She was petitioned under a fake name and birthday by a much older man because she was only 16 years old at the time. He was a family friend and misled her what his true intent. He was to rape her and lock her into a house. She stayed in the United States for a few months before she escaped and managed to get him to fly her back to the Philippines. Since then her green card has already expired. She has twins with a different man who abandoned her and the kids. His name is not included on the birth certificate of the twins. She has no contact with either of the two men. Since then I have had a relationship with her for two years. We filed a K1 and K2 visa for her and the kids.

My K-1 visa to the Philippines has already been approved. I am about to schedule the interview date and pay the embassy fees in the next couple days. She has no record of being in the United States under her real name and birth date. We have all the paperwork, NBI clearance, and Cenomar. The cenomar is an official one but it was created by a friend who works at the NSO office. This was needed to make sure it would say she was single. I am worried that if they look it up they will find out that she was married. The older man who did a spousal visa with her when she was 16 will not end the marriage. I am also worried that when she gets her fingerprints they will notice that she was already in the United States, this was done in 1999. I am unsure if they will notice this. She and I are very worried that she will not pass the interview, or that they will find out the past history. If anyone has any advice that would be much appreciated.



:wow: I hope everything works out.
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Phase II - AOS

 

December 12, 2012 - Married

December 27, 2012 - I-485, I-765, I-131 Mailed

December 29, 2012 - Confirmation of Delivery at Chicago Lockbox

January 3, 2013 - E-mail and text of NOA1 for all three - NBC

January 3, 2013 - Verified Check Cashed

January 7, 2013 - Hardcopy of 3 NOA1's, Received date of December 31, 2012

January 18, 2013 - Biometrics Walk-in Completed

March 4, 2013 - EAD/AP Approved

March 11, 2013 - EAD/AP Combo Card Rec'd

November 7, 2013 - Renewal I-765, I-131 Mailed

November 12, 2013 - NOA1 for Renewal I-765, I-131

December 31, 2013 - Renewal EAD/AP Approved

January 9, 2014 - Renewal EAD/AP Combo Card Rec'd  (Rec'd Late due to Winter Storm Ion)

April 19, 2014 - Filed case assistance with CIS Ombudsman

July 16,  2014 - Home visit from USCIS

September 30, 2014 - 2nd Biometrics appointment

October 16, 2014 - Decision - Card/Document Production

October 21, 2014 - NOA2  -Verification of Issue as a CR6

October 23, 2014 - Received Green Card

 

Phase III begins July 2016

 


#27 HeresJohnny

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Posted 09 September 2012 - 05:41 PM

and also too good to be true. There's more to this story than the OP probably knows or is willing to reveal. The USC can't marry someone under a fake name and fake birth-date. Not to say it doesn't happen, but if it did happen, then they were never married. So, needless to say, I'm not buying the 'fake name and fake birthday' story. If indeed they were legally married, under true facts, she can file for divorce. That's the part, I'm also confused about. In the US NO ONE is forced to stay in a marriage. There's a whole lot more to this story.

To the OP, are you making money transfers? Did she reveal more information AFTER you filed the petition?


From what I know, the reason that her husband had to use fake documents was that she was underage. I know that somehow he managed to payed people to create a fake birth certificate and all the documents needed to get married in the Philippines. His visa was a spousal visa and he managed to get past both the embassy and US customs without ever getting caught for what he did. She did not know his true intent, which was revealed when she was already in the United States. He used death threats to prevent anyone from finding out what he was really doing to her. She convinced him that she wanted to visit her parents who were currently in Hawaii. Then somehow she was able to get back in the Philippines. At with the father of her kids who is not in contact with her. He was in a gang in the Philippines and basically did the same thing as her husband. Which was holding her captive and threatening to shoot her. He is no longer in the picture and is in the United States. Her life was really bad before we started dating.

About the money transfers, I have sent her small amount for food and bills each month. So there is evidence that I am supporting her.

Edited by HeresJohnny, 09 September 2012 - 05:42 PM.

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#28 NY_BX

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Posted 09 September 2012 - 05:48 PM

From what I know, the reason that her husband had to use fake documents was that she was underage. I know that somehow he managed to payed people to create a fake birth certificate and all the documents needed to get married in the Philippines. His visa was a spousal visa and he managed to get past both the embassy and US customs without ever getting caught for what he did. She did not know his true intent, which was revealed when she was already in the United States. He used death threats to prevent anyone from finding out what he was really doing to her. She convinced him that she wanted to visit her parents who were currently in Hawaii. Then somehow she was able to get back in the Philippines. At with the father of her kids who is not in contact with her. He was in a gang in the Philippines and basically did the same thing as her husband. Which was holding her captive and threatening to shoot her. He is no longer in the picture and is in the United States. Her life was really bad before we started dating.

About the money transfers, I have sent her small amount for food and bills each month. So there is evidence that I am supporting her.

Which is the problem. I highly recommend you browse through the Philipines Forum and educate yourself. Apparently your story sounds like you may be a scam victim. Remember, Consulars may view money transfers as if the USC is being scammed into wiring money to sustain the foreigners life while the beneficiary has really no intentions to migrate.

So basically, a USC man managed to traffic a minor by marrying her in her home country and bringing her back. She was issued a spousal visa with fake documents, yet there are pictures and fingerprints of the real beneficiary. To that add, the father of her kids in currently in the US. :blink:

I really have NO idea how this will pan out. You really are in urgent need for a) a good attorney, and b) find her 'husband' and take care of that.

Edited by NY_BX, 09 September 2012 - 05:49 PM.

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Don't ever do anything you're not willing to explain the paramedics.

#29 djricky4

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Posted 09 September 2012 - 06:05 PM

this situation is really complicated. get the divorce finalize and get an immigration lawyer. the petition is going to be denied @ the embassy due to the fact that both of you werent legally free to marry @ the time it was filed. Gonna have to start all over again :whistle:
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AOS

10/16/2012 Mailed I-485, I-765, I-131
10/19/2012 NOA1
11/09/2012 Biometrics Apt @ 3pm
12/25/2012 EAD/AP Approval
01/05/2013 Received EAD/AP in mail

06/20/2013 AOS APPROVED!!!!!


#30 HeresJohnny

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Posted 09 September 2012 - 06:11 PM

I have another question about the fact that she was underage when he married her. I wanted to ask here before I talk to a lawyer. Would that not even constitute a marriage and could be declared void?
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