Help, please!

[Valahara 0]

We really need a solid advice on this issue. My father met a wonderful woman while on his trip to Armenia, he's getting ready to file for a fiancee visa since he proposed and they decided to get married. While filling out the paperwork for K1 we came to realization that the fiancee's 24 year old daughter is residing in the US illegaly, she came last summer on a tourist visa and overstayed her visa. The question is: Will her daughter's illegal status in the United States hinder her own immigration process, i. e. more specifically will she get rejected at her interview in the US Embassy?

Please, please, please, help with some advice!!! How should we proceed?

[baron555 934]

We really need a solid advice on this issue. My father met a wonderful woman while on his trip to Armenia, he's getting ready to file for a fiancee visa since he proposed and they decided to get married. While filling out the paperwork for K1 we came to realization that the fiancee's 24 year old daughter is residing in the US illegaly, she came last summer on a tourist visa and overstayed her visa. The question is: Will her daughter's illegal status in the United States hinder her own immigration process, i. e. more specifically will she get rejected at her interview in the US Embassy?

Please, please, please, help with some advice!!! How should we proceed?

NO because of her age, the daughter is wholly on her own. Her mom has no legal responsibility except to maybe report her.

[pushbrk 14,567]

We really need a solid advice on this issue. My father met a wonderful woman while on his trip to Armenia, he's getting ready to file for a fiancee visa since he proposed and they decided to get married. While filling out the paperwork for K1 we came to realization that the fiancee's 24 year old daughter is residing in the US illegaly, she came last summer on a tourist visa and overstayed her visa. The question is: Will her daughter's illegal status in the United States hinder her own immigration process, i. e. more specifically will she get rejected at her interview in the US Embassy?

Please, please, please, help with some advice!!! How should we proceed?

Proceed normally. In the USA, parents are not responsible for the actions of their adult children.

[Valahara 0]

Thanks, guys! That's what I thought also, but I've heard (and you know how that goes) that there have been cases where the US Embassy would deny the visas based on something similar...maybe for a different type of visa? This is so frustrating...

[Audy_Rob 26]

I do not agree with the above two Posts. There will be a Form which the Armenian Fiancee will need to fill out before going to the US Embassy/Consulate where she needs to interview.

The Form is DS-156 which is the US Nonimmigrant Visa Application. Question 37 asks if the Applicant (The Fiancee) has any of the following in the USA, Mother/Father, Brother/Sister, Son/Daughter... It does not restrict the age to 21 or less. If you answer Yes, you must also give their status which is US Citizen, US LPR, studying, visiting, etc...

I do not know what to say about this issue. I only want to point out that a problem MIGHT arise later at the Interview stage.

Good luck.

[Audy_Rob 26]

It is agreed that the Fiancee Mother is not responsible for her Daughter's conduct or illegal actions. However, I am only pointing out that I would think she must answer Yes for question 37 of the DS-156.

Good luck

[Valahara 0]

Audy_Rob, thanks!

That's is exactly what I was thinking; lying or not disclosing the information is never a good idea, especially when dealing with US Government. So, that wasn't even discussed as an option. We did disclose that information on our end and I am pretty sure that the fiancee would do the same on her end. I am just really nervous for my father and don't want him heartbroken

Thanks, everyone for pitching in! If you can come up with any other ideas or pieces of information it would be greatly appreciated!!!!

[JimVaPhuong 4,865]

I remember reading about two cases with similar circumstances where a K1 visa was denied. If I recall, both cases were in Manila.

This is just from memory...

In one case, the applicant's sister had come to the US on a K1 visa, got married, and promptly filed a VAWA petition for AOS. The petition was denied, but her sister did a runner when removal proceedings were initiated. They denied the applicant's K1 visa because they said her sister had committed visa fraud. I think I read about this case on another site.

In the second case, the applicant's sister had come to the US on a K1 visa, did not marry the petitioner, and disappeared. She's on the ICE hot sheet. They denied the applicant's K1 visa because they said her sister had committed visa fraud. I'm pretty sure I read about this case on VJ.

I remember in at least one of these cases the applicant did not mention her sister on the DS-156, but the consulate knew about it at the interview.

I don't recall reading about any cases where a mother's K1 was denied because her daughter was in the US and out of status, nor do I recall reading about any cases where an applicant's K1 was denied because a relative was out of status after entering with a visitor's visa. I'm not sure those factors would make much difference, though.

If I were in this situation, I would be prepared for the possibility that the consulate is going to suspect that the relationship may have more to do with reuniting a mother with her daughter than with a sincere relationship with the petitioner. Being out of status, the daughter is not in a position to petition her mother for any sort of visa. I would come to the interview armed to the teeth with evidence of a bona fide relationship, and be prepared to be grilled about the daughter. Her daughter could help her mother's case immensely if she would voluntarily depart the US now.

[pushbrk 14,567]

I do not agree with the above two Posts. There will be a Form which the Armenian Fiancee will need to fill out before going to the US Embassy/Consulate where she needs to interview.

The Form is DS-156 which is the US Nonimmigrant Visa Application. Question 37 asks if the Applicant (The Fiancee) has any of the following in the USA, Mother/Father, Brother/Sister, Son/Daughter... It does not restrict the age to 21 or less. If you answer Yes, you must also give their status which is US Citizen, US LPR, studying, visiting, etc...

I do not know what to say about this issue. I only want to point out that a problem MIGHT arise later at the Interview stage.

Good luck.

Truthfully answering all questions on all forms including #37 on the DS 156 is part of proceeding normally, no? Nevertheless, a bona fide relationship is a bona fide relationship. No Conoff is going to deny a visa because an adult child of the beneficiary is in the USA illegally but they certainly will consider the totality of circumstances when they evaluate the bona fides.

A line of questioning is only a problem when the truthful answers become problematic.

I remember reading about two cases with similar circumstances where a K1 visa was denied. If I recall, both cases were in Manila.

This is just from memory...

In one case, the applicant's sister had come to the US on a K1 visa, got married, and promptly filed a VAWA petition for AOS. The petition was denied, but her sister did a runner when removal proceedings were initiated. They denied the applicant's K1 visa because they said her sister had committed visa fraud. I think I read about this case on another site.

In the second case, the applicant's sister had come to the US on a K1 visa, did not marry the petitioner, and disappeared. She's on the ICE hot sheet. They denied the applicant's K1 visa because they said her sister had committed visa fraud. I'm pretty sure I read about this case on VJ.

I remember in at least one of these cases the applicant did not mention her sister on the DS-156, but the consulate knew about it at the interview.

I don't recall reading about any cases where a mother's K1 was denied because her daughter was in the US and out of status, nor do I recall reading about any cases where an applicant's K1 was denied because a relative was out of status after entering with a visitor's visa. I'm not sure those factors would make much difference, though.

If I were in this situation, I would be prepared for the possibility that the consulate is going to suspect that the relationship may have more to do with reuniting a mother with her daughter than with a sincere relationship with the petitioner. Being out of status, the daughter is not in a position to petition her mother for any sort of visa. I would come to the interview armed to the teeth with evidence of a bona fide relationship, and be prepared to be grilled about the daughter. Her daughter could help her mother's case immensely if she would voluntarily depart the US now.

See above. Sure, some extra scrutiny should be expected but the couple would proceed normally, which includes excellent documentation of bona fides and interview preparation.

[Valahara 0]

Thanks, JimVaPhuong! That was very useful, made me a little bit more worried though.... And, thanks Pushbrk. I just don't know how to prepare my dad's evidence, all they have is a copy of his passport and a ticket, and photos....and else can he provide? He's 59 and doesn't use computer, so there are no e-mails...and all of the phone calls that he made were through the use of a calling card, so I can't collect copies of that either. WOuld it make more sense if he were to go there and marry her in Armenia?

Thank you so much for the information and help!!!!