K-1 visa problems

[ca_babe 129]

http://manila.usemba...v/wwwh3204.html

What are the main reasons a K-1 visa is denied?

K-1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of a petitionable relationship; misrepresentation of the facts; medical concerns; criminal grounds and potential public charge.

A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. There is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a Filipino marriage has been terminated. An American may terminate a Filipino marriage through a U.S. divorce.

http://www.bcphilippineslawyers.com/the-family-code-of-the-philippines/

Chapter 3. Void and Voidable Marriages Art. 35. The following marriages shall be void from the beginning:

(1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

...............

Don't marry her until the first marriage has been officially voided. Marrying her prior the first marriage ending would be bigamy. Even if the first marriage is void because of her being underage, it has to be proven in court first. This case would not be long because it's very straightforward. You just need proof that she was underage.

Good luck to you and it's a good thing that you're trying to do the right thing. God will honor that.

Edited September 10, 2012 by ca_babe

[Gary and Alla 3,694]

With all the lies that have already been told and are being prepared to tell there is nothing but trouble ahead.

Do the right thing, and the smart thing, and tell the truth from the beginning.

When she is caught with all the lies, she will have a lifetime ban to US entry.

So, be stupid and live together outside the US. Or, be smart and you can live in the US.

First answer was right on the money. Not only for the visa but for every other process, including citizenship, if any of these lies are discovered she loses all benefits based on lies and is ejected from the USA and banned permanently. It is not just the visa interview you need to pass.

You owe your family a peaceful night's rest which may be the best beneft of following the law.

[bigdog 376]

Hire the best you can afford.

[Rae Anne 44]

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?

Immigration law is federal. You can hire a lawyer anywhere in the United States. I would definitely choose wisely. But don't expect miracles. I think it's also worth saying that no one is worth going to jail for, which is where you could be headed if you don't put a stop to this petition. Since the petition has already been filed, even if she manages to end her first marriage and you refile they will see the timeline of events and ban her. Then all a lawyer can really do is try to obtain a waiver. I am very sorry you are going through this and for what happened to her.

[Loida and Ed 11]

HeresJohnny

Everyone here is correct...

Biometrics is there for a reason. Technology is in place to prevent people from re-entering under different alias's. Bigomy on her part, Lifetime bans, immigration fraud and a high chance you can be also be prosecuted. Your name will forever be red-flagged in the system.

Sorry to say bro, but "pull the plug" before the next step. it will be hard to pay lawyer fees for both of you at the same time. And she may be the only one walking around freely ( even if she's in the Philippines)

Good Luck..

[NY_BX 397]

I see I have my dug myself into a deep hole and I am not even sure that the lawyers would be able to help me since i'm this far in. I will explain my situation to them and see they can do anything. If they can't I don't have too many options. I could move to the Philippines and live there, (Most of my family is in the Philippines anyway and I speak Bisayan). I know that is not the ideal choice but I am dedicated to this girl. You may think I must be an idiot, but I will do what I can to be with her. This may be a better alternative than having her get caught by just pulling the petition and living my life there. Thank you for all your replies everyone, a great deal of helpful information. I really appreciate all of your time.

Hold on, so you are philippino too? Did you obtain citizenship by birth or were you petitioned for as well? 2 pages ago I stopped giving you advice for your fiancee's sake, but for yours. This is no longer about getting her here anymore. This is about the trouble you've gotten yourself into. You willingly lied to the US government and that's a big problem. So, having her get caught is one of your problems. But the biggest problem is the 'crime' you've already committed: assisting a foreigner to migrate fraudulently.

Now, all this said, I will be honest with you at the risk of being banned on this thread and being called judgmental. I truly believe you're being a scam victim- there, I said it. All the red flags- as far as your side of the story goes- are there waving high and bright. Check her demeanor when you say you'll move to the Philippines to be with her. If she insists for you to move forward with the visa process- or worse- abandons the relationship, you know what her intentions were all along.

Good luck

Immigration law is federal. You can hire a lawyer anywhere in the United States. I would definitely choose wisely. But don't expect miracles. I think it's also worth saying that no one is worth going to jail for, which is where you could be headed if you don't put a stop to this petition. Since the petition has already been filed, even if she manages to end her first marriage and you refile they will see the timeline of events and ban her. Then all a lawyer can really do is try to obtain a waiver. I am very sorry you are going through this and for what happened to her.

HeresJohnny

Everyone here is correct...

Biometrics is there for a reason. Technology is in place to prevent people from re-entering under different alias's. Bigomy on her part, Lifetime bans, immigration fraud and a high chance you can be also be prosecuted. Your name will forever be red-flagged in the system.

Sorry to say bro, but "pull the plug" before the next step. it will be hard to pay lawyer fees for both of you at the same time. And she may be the only one walking around freely ( even if she's in the Philippines)

Good Luck..

Great point.

[baron555 934]

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.

Since she is still married and has no divorce decree, you need to cancel this K-1 petition and wait until you obtain this. Then have a new Cenomar issued correctly showing her past (and her use of the different name) and then file.

[Loida and Ed 11]

Regarding an earlier part of a reply which read:

"Second if she isn't married under her real name why would you need to fake the cenomar. For example if her name real name is XYZ and her fake name is ABC then the cenomar will say XYZ is single while ABC's cenomar will say married. OP either you aren't telling us everything or someone is lying to you."

CENOMAR, means exactly that: "Certificate of No Marriage Record". If she married in the USA, I doubt the CENOMAR would reflect that UNLESS she went back and updated her records status to say she was married.

----(WHICH SHE COULDNT DO ANYWAYS) because when she got married with the previous K1 it was under a different name.

By examining this... The only correct answer is that under her "given" name, she is already married in the Philippines and cannot be divorced and not from the American you speak of, but from someone else.

So:

1. If you move there, you can never marry her. she's already married.

2. You cant bring her here

bottom line... this wont work out anywhere

Im sure all agree that VJ is here as an "aid" to help each other through difficult and lenghty processes. The intent of VJ is to do things legally, not try to find ways or provide suggestions to circumvent the system. Kudo's and commendations to all who have helped in giving you solid and upstanding advice.

We look out for one another. Now its time for us to look out for YOUR best interest. As hard as this may be, and as bad as this may sound, I concur with the others... just cut the ties (and by that i mean totally disassociate with her). Pull the petition, send her a final email explaining why if you want.. But expect that she will plead her case and it will be aimed right at your heart..

best wishes to you our friend

Edited September 10, 2012 by Loida and Ed

[NY_BX 397]

Regarding an earlier part of a reply which read:

"Second if she isn't married under her real name why would you need to fake the cenomar. For example if her name real name is XYZ and her fake name is ABC then the cenomar will say XYZ is single while ABC's cenomar will say married. OP either you aren't telling us everything or someone is lying to you."

CENOMAR, means exactly that: "Certificate of No Marriage Record". If she married in the USA, I doubt the CENOMAR would reflect that UNLESS she went back and updated her records status to say she was married.

----(WHICH SHE COULDNT DO ANYWAYS) because when she got married with the previous K1 it was under a different name.

By examining this... The only correct answer is that under her "given" name, she is already married in the Philippines and cannot be divorced and not from the American you speak of, but from someone else.

So:

1. If you move there, you can never marry her. she's already married.

2. You cant bring her here

bottom line... this wont work out anywhere

Im sure all agree that VJ is here as an "aid" to help each other through difficult and lenghty processes. The intent of VJ is to do things legally, not try to find ways or provide suggestions to circumvent the system. Kudo's and commendations to all who have helped in giving you solid and upstanding advice.

We look out for one another. Now its time for us to look out for YOUR best interest. As hard as this may be, and as bad as this may sound, I concur with the others... just cut the ties (and by that i mean totally disassociate with her). Pull the petition, send her a final email explaining why if you want.. But expect that she will plead her case and it will be aimed right at your heart..

best wishes to you our friend

WOW! So this won't happen anyways, huh. The OP replied about having to deliver a fake CENOMAR because the real, original one submitted proved she was married.

HeresJohnny, on 09 September 2012 - 08:42 PM, said:

The same was spelled similarly, but we got a cenomar in 2010 for the because we thought about doing the petition and it was real and not a fake. However the embassy wants a cenomar that is within one year. When we tried to get another it came up with the past marriage. I am unsure how it was linked to her real name. That is why we had to get a fake one.

There's no divorce in the Philippines, so if he moves there, they can't get married.

Edited September 10, 2012 by NY_BX

[TBoneTX 42,989]

It's probably time that this dead-end thread be closed, either through Moderator action or by the OP's request.

[Ihavequestions 419]

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.

Yeah, you're right. I shoulda thunk a little harder.

There are far too many "just happened to's" for there not to be more to it.

And I agree, this thread should be closed. It's served its purpose, and if I (who try to maintain reserve) keep coming back to it, the chances are it will get out of hand.

Sorry about your situation, OP.

[islandgal 74]

What a mess... I agree with closing the thread. OP, I wish you all the best. Good luck.

[VanessaTony 3,567]

- my fiancee in the Philippines.

- she has been petitioned (spousal visa) in the past and approved 13 years ago. This means her marriage was registered in the Philippines and most likely conducted there as well.

- She was petitioned under a fake name and birthday by a much older man because she was only 16 years old at the time. Visa fraud, marriage fraud

- 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. He "locked her up" and then she "escaped" and HE paid to fly her back to PI.. interesting

- Her green card has already expired. A long time ago

- 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. So no issue bringing them over

- She has no contact with either of the two men. Both men threatened her life and then just let her go one day?

- Since then I have had a relationship with her for two years. We filed a K1 and K2 visa for her and the kids.

- She has no record of being in the United States under her real name and birth date. but she does have record of her REAL fingerprints

- We have all the paperwork, NBI clearance, and Cenomar. The cenomar is an official one but it was created by a friend which makes it fakewho 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. They will see she was petitioned under another name, and for a spousal visa, and will want proof of being free to marry. You sent the petition I assume without disclosing the previous marriage, and she would have given you a signed letter of intent saying she was free to marry, which was a lie

- The older man who did a spousal visa with her when she was 16 will not end the marriage. As someone else said, if she's not in contact with him she can't know that. It's irrelevant anyway. The marriage isn't the real issue, the issue is her past visa fraud

- 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.They will

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.

This is what she tells you was said. She said she's not in contact with him. He could have already divorced her.

- 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. Doesn't matter who GOT the papers, she used them, she is guilty of fraud

- HisHer 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. What SHE did. She is guilty of fraud. HE is guilty too, so are you right now.

- 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. So he used death threats to prevent her from telling people, but let her visit her family in Hawaii? And never went back to get her?

- 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. You are her saviour

- 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. This can sometimes be good, but given the other stories you've been told, I believe you're being used for money

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?

Yes. But the marriage isn't the only problem. It's the fraud of her fake marriage, fake entry etc. So even if she WERE divorce now, she entered the US underage using a fake name and engaged in a marriage when she was underage. She obtained her GC under false pretenses. She is guilty of visa fraud.

The same was spelled similarly, but we got a FAKE cenomar in 2010 for the because we thought about doing the petition and it was real and not a fake. However the embassy wants a cenomar that is within one year. When we tried to get another REAL it came up with the past marriage. I am unsure how it was linked to her real name. That is why we had to get a fake one.

I don't know enough about how the CENOMAR's work but this is pretty interesting. Sounds like her friend doctored the first one for you, and didn't doctor the second one. It also sounds like she might be older than she tells you she is and her first visa WAS real and her current name is fake... I really don't know how you're supposed to know.

I'm sorry but I think you're being played big time. Big big time. I don't see any way of getting out of this but you most definitely need to pull this petition because something about it is fake, and you most definitely need to see a lawyer before proceeding.

[Ihavequestions 419]

And, even though both men who held her, mistreated her, and threatened her life, live in the US, where she is far away from them and safe, it just happens to be the one country she would make false claims and documents (again) to immigrate to.

I'm stopping myself.

[del-2-5-2014 1,339]

As a survivor of two previous marraiges, there is no such thing as being in an unterminable relationship with another human being.

Friends and VJers of the SoCal brigade, if I ever make a post like this and then say I cannot end the relationship please organise a personal get together so you can help me set a straight and narrow path.

As to the pro thread closers, why? Simply ignore the thread. There are still very useful information being passed to OP and no one has violated TOS as of yet.