I think I have to cancel my k1 petition, HELP!

[DEDixon 39]

Thanks everyone for your quick responses. I was told that she was going to be denied by an attorney who turned up in a google search on the subject, he said it would be denied without a question...the only way to avoid it would be to withdraw and refile using the coporate name of the company who owns the bar...I have since consulted several other attorneys who have told me it will not be immediatley denied, I am planning on retaining her (the attorney) services, which to me seems prudent at this juncture...and she only worked there for 3 mnths until we met (outside of the bar), and no she never collected any bar fines...if that seems a bit defensive, I guess it is, and that's because I love her with my whole heart. 1 more thing, the first lawyer wanted $2800, the one I decided to go with, who has just helped a couple in a similar situation as my own, only requires $1000...

Bar fines don't have anyting do with a NBI record Bar Fines is an old term used by the bar it's slef. The girls work in the bar as dancers for FREE but when a John wish to take them out of the bar then the bar would fine her money, part of the cost of service. So have her get a NBI Cert. 1st.

She received her NBI 2 days ago...no problems...

If her NBI record is clear, don't bother hiring this attorney as likely SHE is wrong about your 'certain outcome of denial.'

If you do get denied, then fork over the dough. But her clear NBI clearance carries the most weight, unless she goes to the interview and says "I was a prostitute." Or you put "prostitute" under the job description on your K-1 application. Make sure you go over with her what she will say if asked about that particular job, but don't get too worked up at this point.

Personally, I remember how easy it is to worry, but try not to! Good luck, and hang on for the interview.

I think USC has already said on the G325 where she worked so they'll know that she was working in such a place AND they likely won't believe she was "just a server" because of course even the hookers would say this too. She worked close to the action so eyebrows will be raised - just a fact of life.

Also, NBI really means nothing in this case, because in the RP, although hooking is illegal, they don't arrest anyone for it so the NBI will be clean even for the hookers unless they are otherwise criminals.

[No-Where-Man 147]

dont withdraw ur petition ...

as long as u hide nothing and its the truth so just leave it take its place ..

refiling wont get u any more imporvement in situation , cz u have nothing to add otherwise u gave false statements and yes thats not good

[Ginger cat 3]

Thanks everyone for your quick responses. I was told that she was going to be denied by an attorney who turned up in a google search on the subject, he said it would be denied without a question...the only way to avoid it would be to withdraw and refile using the coporate name of the company who owns the bar...I have since consulted several other attorneys who have told me it will not be immediatley denied, I am planning on retaining her (the attorney) services, which to me seems prudent at this juncture...and she only worked there for 3 mnths until we met (outside of the bar), and no she never collected any bar fines...if that seems a bit defensive, I guess it is, and that's because I love her with my whole heart. 1 more thing, the first lawyer wanted $2800, the one I decided to go with, who has just helped a couple in a similar situation as my own, only requires $1000...

Bar fines don't have anyting do with a NBI record Bar Fines is an old term used by the bar it's slef. The girls work in the bar as dancers for FREE but when a John wish to take them out of the bar then the bar would fine her money, part of the cost of service. So have her get a NBI Cert. 1st.

She received her NBI 2 days ago...no problems...

If she's got no problems with her records, why then are you worried? Since you are trying to convince us she is a good person then am sure she can do a good job at her interview. Retaining a lawyer in my opinion wouldn't do much good no matter how much they charge. With a clean record, she can argue the fact that she was only a hostess at the bar. All the best.

sometimes fair and honest ppl have to deal with unfair decisions. Justice of people has never been the Justice. I also do believe that unfair decision has a "meant to be".

he is not trying to convice us that she is a good person, he is trying to avoid to deal with jugemdentlist posts.

fair enough.

As a matter of fact, he believes in her and i guess it's the best she could receive now. it's her ace.

[ready4ONE 5,400]

I would strongly disagree this 'will cause her K-1 visa to be denied.' It would be a bigger issue with the government in PI, but she will be dealing with the US government. I think the attorney the OP spoke to was alarmist in the extreme.

Pulling the petition now will not remove it from USCIS records, future filings will be cross checked with this one. Likely there will be no problem unless he does cancel the petition and subsequently files a new petition with different 'facts.' Extremely bad advice from this attorney.

[rheanick 42]

I just found out last night that my fiancee's visa will be denied because she used to work at a go go bar, I have been informed that if I withdraw the current petition, I can file a new one that will reflect on the situation better. We don't need judgement, just advice. We are both good people, she did what she had to in order to feed her baby after the father beat her nearly to death and left them in the street. I don't know what to do now, there is so much at stake here.

If that's her background, there is a possibility that she fits a certain profile for visa fraud, she might be using you to get to the US.

BTW, who informed you? Is this info from someone you know?

Edited June 11, 2009 by rheanick

[Zen Den 18]

Thanks everyone for your quick responses. I was told that she was going to be denied by an attorney who turned up in a google search on the subject, he said it would be denied without a question...the only way to avoid it would be to withdraw and refile using the coporate name of the company who owns the bar...I have since consulted several other attorneys who have told me it will not be immediatley denied, I am planning on retaining her (the attorney) services, which to me seems prudent at this juncture...and she only worked there for 3 mnths until we met (outside of the bar), and no she never collected any bar fines...if that seems a bit defensive, I guess it is, and that's because I love her with my whole heart. 1 more thing, the first lawyer wanted $2800, the one I decided to go with, who has just helped a couple in a similar situation as my own, only requires $1000...

Josh383,

1. tell your fiance do the interview, she'll only need to mention/elaborate on her 3-month br work IF she's asked about it, otherwise she'll be fine, no need to offer the info/background about it.

2. you don't need an attorney at this point in the process because your application is in its last stage, -the interview. wait for the real outcome before you worry

3. relax and pray that your fiance is asked mininal questions (questions that usually arise depend on the completeness, thoroughness of the docs you submitted. if they're more than enough, the questions will be few and relatively easy)

it's normal to worry/panic but you shouldn't have googled because of course that attorney is going to say it would be denied to scare you so you will get his services. unfortunately, that attorney's advice of refiling is totally wrong, because your 129-f (meaning every and all information about her and you are already with USCIS) so any significant changes will be noticed and you will be asked to explain the new/different entries.

[DouglasFiel 53]

I just found out last night that my fiancee's visa will be denied because she used to work at a go go bar, I have been informed that if I withdraw the current petition, I can file a new one that will reflect on the situation better. We don't need judgement, just advice. We are both good people, she did what she had to in order to feed her baby after the father beat her nearly to death and left them in the street. I don't know what to do now, there is so much at stake here.

If that's her background, there is a possibility that she fits a certain profile for visa fraud, she might be using you to get to the US.

BTW, who informed you? Is this info from someone you know?

Background is not always an indicator of future behavior. I know of two sisters. One worked the bar and bar-fined out. The other was a counter girl and virgin (I knew the bar owner). Both got married to Americans. The bar-girl is still happily married and has a family. The "Good Girl" has been divorced more then once for cheating on her husbands. And, has lost custody of her kids from more then one marriage. May not be typical,, but, this story is true.

[Magnolia31 0]

I just found out last night that my fiancee's visa will be denied because she used to work at a go go bar, I have been informed that if I withdraw the current petition, I can file a new one that will reflect on the situation better. We don't need judgement, just advice. We are both good people, she did what she had to in order to feed her baby after the father beat her nearly to death and left them in the street. I don't know what to do now, there is so much at stake here.

That is not true! There are strippers who get approved and even worse.

[Magnolia31 0]

and from here: http://www.thailawforum.com/articles/waiver.html

GENERAL GROUNDS FOR INADMISSIBILITY

Grounds for inadmissibility can be brought against undocumented individuals, non-citizens seeking re-entry, and non-citizens seeking a green card. Legal Permanent Residents attempting to apply for naturalization will likely have difficulty if they are found inadmissible because of criminal grounds. Criminal grounds include those that can be generally classified into the following categories:

1. A single crime deemed morally reprehensible.

2. Any controlled substance law violation.

3. Two or more convictions with combined prison sentences of five years or more.

4. Suspicion of being involved in the trafficking of illegal drugs.

5. Having engaged in an illegal occupation such as prostitution.

6. Habitual users of drugs

I have a question and this will kinda be off topic but now I am curious. In Germany prostitution is legal. So if a German girl worked as a prostitute, can her visa be denied even though it is a legal occupation there?

I'm only asking because of what you posted regarding # 5

[Magnolia31 0]

and from here: http://www.thailawforum.com/articles/waiver.html

GENERAL GROUNDS FOR INADMISSIBILITY

Grounds for inadmissibility can be brought against undocumented individuals, non-citizens seeking re-entry, and non-citizens seeking a green card. Legal Permanent Residents attempting to apply for naturalization will likely have difficulty if they are found inadmissible because of criminal grounds. Criminal grounds include those that can be generally classified into the following categories:

1. A single crime deemed morally reprehensible.

2. Any controlled substance law violation.

3. Two or more convictions with combined prison sentences of five years or more.

4. Suspicion of being involved in the trafficking of illegal drugs.

5. Having engaged in an illegal occupation such as prostitution.

6. Habitual users of drugs

From that same link:

In practice, this means that if the applicant has a work history that includes employment at a hostess bar or other establishment that engages in prostitution it may be determined that the applicant was involved in prostitution and the decision to exclude or not exclude the applicant is at the discretion of the consular officer. Even if an applicant for a fiancé visa does not admit to prostitution it is possible for the consular officer to make that conclusion independently based on the applicant having indirectly received the proceeds from prostitution or simply because the consular officer suspects that was the case. Either way, the applicant could be rendered inadmissible.

A new petition won't change anything, and changing information (lying) on a new petition is sure to spell big trouble.

"if the applicant has a work history that includes employment at a hostess bar or other establishment that engages in prostitution it may be determined that the applicant was involved in prostitution"

But who in the hell does USCIS think they are in making that determination? How can they get away with *assuming* someone was involved in prostitution. What if that person was not? That is the problem with people who have too much discretionary authority. It's BS.

[Magnolia31 0]

Working in agogobar doesnt entail that your fiancee is a prostitute. Evenso, it's hard to tell that a woman was engaged in prostitution unless otherwise she was charged or arrested. And even if she had an arrest record, but had proven otherwise in a court proceedings, then, I guess, there is no way her petition will be denied.

I believe, a mere hearsay of prostitution will not impact to her visa denial. Goodluck.

I just found out last night that my fiancee's visa will be denied because she used to work at a go go bar, I have been informed that if I withdraw the current petition, I can file a new one that will reflect on the situation better. We don't need judgement, just advice. We are both good people, she did what she had to in order to feed her baby after the father beat her nearly to death and left them in the street. I don't know what to do now, there is so much at stake here.

Who informed you? Find out if its a legitimate information.

Like I was saying. If they even smell anything prostitution like going on, get ready for trouble. COs do not need convictions to deny. By that logic they could say at the interview, "I was a prostitute, but I never got caught." Do you think the SO would get the visa? I doubt it.

The Consulates in Manila and Bangkok especially keep their eye out for these sort of things. If the girl show's up for the interview in tight jeans and high heels, forget it. The CO will make up some proof of relationship excuse or whatever. Or maybe they'll just put the SO in some kind of long term AP. No telling. Best practice is to avoid even going down that road.

Then she should show up at that interview in a Mary Poppins dress. I know i would. Man, this is just crazy to me. How very sad.

[baron555 934]

I don't know what to do now, there is so much at stake here.

Sounds like you'll want to have a Plan B in mind also.....like you living in the Phils, just in case she can't get out.

[josh383 0]

Thanks to everyone who has been responding, I really do appreciate it...now to answer a couple questions that were posed back to me: the attorney who had told me that my wife to be would be denied flat out, I have found to be unreliable and of poor review by his previous clients..I believe that he was trying to take advantage of me as he could sense the desperation I was probably oozing thru the phone...the female attorney that I have chosen (although not yet entered into contract with) has a proven record regarding k1's from the phils, which was made available to me, as well as being a member in perfect standing with the BBB, her normal fee for the k1 is 1800 from the outset, she came down to 1000 since we are already into the process. We never thought of trying to hide the fact that she was a dancer, as that information is well documented in the local government there, and I just assumed that when the FBI does a background check, they probably do a fairly thorough job...I'm pretty sure that I will retain the lawyer, I would just rather be safe than the sorriest that I could ever imagine being, the penalty for denial on the grounds of prostitution (if they make that assumption) would result in a 10 year ban from the states (worse case scenario), and moving to the Philippines, which we plan on doing eventually, is'nt realistic now because of one of the other lights in life, my lil boy here in MI...unless someone thinks that they can convince his mom to let him?... thanx again to everbody...

[Gary and Alla 3,694]

Thanks to everyone who has been responding, I really do appreciate it...now to answer a couple questions that were posed back to me: the attorney who had told me that my wife to be would be denied flat out, I have found to be unreliable and of poor review by his previous clients..I believe that he was trying to take advantage of me as he could sense the desperation I was probably oozing thru the phone...the female attorney that I have chosen (although not yet entered into contract with) has a proven record regarding k1's from the phils, which was made available to me, as well as being a member in perfect standing with the BBB, her normal fee for the k1 is 1800 from the outset, she came down to 1000 since we are already into the process. We never thought of trying to hide the fact that she was a dancer, as that information is well documented in the local government there, and I just assumed that when the FBI does a background check, they probably do a fairly thorough job...I'm pretty sure that I will retain the lawyer, I would just rather be safe than the sorriest that I could ever imagine being, the penalty for denial on the grounds of prostitution (if they make that assumption) would result in a 10 year ban from the states (worse case scenario), and moving to the Philippines, which we plan on doing eventually, is'nt realistic now because of one of the other lights in life, my lil boy here in MI...unless someone thinks that they can convince his mom to let him?... thanx again to everbody...

Is the attorney in PI? If not, exactly what can she do at this point for $1000? That isn't enough to cover her travel there and she can't go to the interview. Just curious, how does she propose to "help" at this point?

[daboyz 36]

Thanks to everyone who has been responding, I really do appreciate it...now to answer a couple questions that were posed back to me: the attorney who had told me that my wife to be would be denied flat out, I have found to be unreliable and of poor review by his previous clients..I believe that he was trying to take advantage of me as he could sense the desperation I was probably oozing thru the phone...the female attorney that I have chosen (although not yet entered into contract with) has a proven record regarding k1's from the phils, which was made available to me, as well as being a member in perfect standing with the BBB, her normal fee for the k1 is 1800 from the outset, she came down to 1000 since we are already into the process. We never thought of trying to hide the fact that she was a dancer, as that information is well documented in the local government there, and I just assumed that when the FBI does a background check, they probably do a fairly thorough job...I'm pretty sure that I will retain the lawyer, I would just rather be safe than the sorriest that I could ever imagine being, the penalty for denial on the grounds of prostitution (if they make that assumption) would result in a 10 year ban from the states (worse case scenario), and moving to the Philippines, which we plan on doing eventually, is'nt realistic now because of one of the other lights in life, my lil boy here in MI...unless someone thinks that they can convince his mom to let him?... thanx again to everbody...

Is the attorney in PI? If not, exactly what can she do at this point for $1000? That isn't enough to cover her travel there and she can't go to the interview. Just curious, how does she propose to "help" at this point?

You're getting slow Gary. This post was almost 2 hours ago.