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miamortueres Contributor

miamortueres   0

Posted
Filed: Country: Philippines
 Timeline
Posted

When you apply for adjustment of status, what type of background/securIty checks are done?? Are they for the USA, or the persons country, how does it work?I have a friend who got married to a tourist visa holder. We just found out that she was married to someone in her country. She said that they were separated before their baby was born and never heard anything about the guy. But the thing is nobody filed to void the said marriage. Now my friend is worried about adjusting her status for this thing might come out during the process.

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belinda63 Experienced

belinda63   2,981

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Hmmmmm since the marriage is not valid most likely the AOS will be denied. I guess the question is will USCIS find out she is not legally married to the US citizen? Maybe not right away since I am going to assume she stated she has never been married on all her paperwork.

Consequences of lying on the paperwork are if at any time it is found out that she lied and the marriage to the US citizen is not valid (since the US does not recognize bigomy)any immigration benefits she derives from that marriage will be void and most likely she will be deported and given a life-time ban to the US.

In a nutshell just because she might sneak through and obtain a green card now at any time for the remainder of her life, even if she obtains citizenship, she is subject to revocation of the green card or the US citizenship based upon her material misrepresentation.

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

They will find out and she will be denied. They do background checks in home country. She has practiced bigamy - which is illegal in the US.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
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Posted

She needs to get both marriages annulled. Annulment laws are different in the US, and substantially harder to get than in the Philippines because of the fact that divorce is available here. However, the second marriage is voidable because she wasn't eligible to marry. Once she gets the second marriage annulled then she can work on getting the first marriage annulled in the Philippines. After both marriages have been annulled then she'll have a clean slate, and can remarry her American husband.

She absolutely should not try to adjust status until the above has been done. The odds of USCIS discovering the first marriage depend on how much of a paper trail she's left about that marriage. For example, did she declare herself married on her tourist visa application? I don't think USCIS has the authority to check with the NSO in the Philippines, but I don't know. Regardless, if she tried to adjust status and succeeded then her status would have an invalid basis. Even worse, she would guilty of a material misrepresentation. If this is discovered at ANY point, even after she becomes a US citizen, then her status in the US could be revoked, she could be deported and banned from the US for the rest of her life. It's simply not worth the risk.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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miamortueres Contributor

miamortueres   0

Posted
Filed: Country: Philippines
 Timeline
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I'm surprised! AOS for my friend's wife is approved. She already did her biometric, got her EAD card and travel document. Now she's going to have the interview on the 14th next month. Seems she's approved for everything but I don't know what will happen on the interview. Our friend is nervous for his wife but very hopeful.

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Little_My Proficient

Little_My   463

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted (edited)

Uhhh.. though I am happy that their AOS has been moving along smoothly, the bottom line is that if in fact her previous marriage was not annulled , her marriage to the USC is not valid, her AOS is not valid and her possible GC will not be valid. If this ever comes up, her GC would be revoked, she would be deported from the US and most likely would get a lifetime ban. She is actually breaking quite a few laws in the US by marrying someone while still legally married to another person, lying about this in her immigration petitions, continuing to lie about it throughout the process, and accepting at GC on false pretenses. I think both of them have every reason to be worried.

Edited by Mrs.Finland-USA

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

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miamortueres Contributor

miamortueres   0

Posted
Filed: Country: Philippines
 Timeline
  • Author
Posted (edited)

I don't know if USCIS already know about the said marriage in her country. They might ask her about it during the interview. If she succeed becoming a permanent resident, I know it will come out one day.

Edited by miamortueres
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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

She is not approved yet - she has an interview coming up where they will decide. Getting EAD approved is NOT a sign that the rest will be approved.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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  • 5 weeks later...
Myopia Rising Star

Myopia   93

Posted
Filed: AOS (apr) Country: United Kingdom
 Timeline
Posted

I just heard the news from my friend. His wife did her interview today, and got approved. They said the greencard is coming within the next 2 to 4 weeks.

And then they have to spend the rest of their lives worrying that the ex husband doesn't rear his head and try to immigrate to the US.

Oh well.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

Many people complain here that the whole immigration process takes so long and involves so much bureaucracy. Here is a prime example why the background checks are not even thorough enough. If a bigamist can get a Green Card based on an invalid marriage to a US citizen, the system failed.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Many people complain here that the whole immigration process takes so long and involves so much bureaucracy. Here is a prime example why the background checks are not even thorough enough. If a bigamist can get a Green Card based on an invalid marriage to a US citizen, the system failed.

Can't agree enough. They will get caught, eventually, though. Many more steps down the line yet.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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cookieandcream Enthusiast

cookieandcream   10

Posted
Filed: AOS (pnd) Country: France
 Timeline
Posted

I really wouldn't celebrate if I were her. Is she aware of thos post? did you educate her about the situation

7/28/04 we met

10/ /06 started dating long distance, not fun

7/15/08 we gave birth to a beautiful baby boy

11/11/10 we got married in amazing Santa Barbara

11/17/10 mailed I 130, I 131, AP and EAD

11/25/10 package received

12/06/10 checks cashed

12/08/10 Email/ text

12/11/10 NOA hard copies in the mail

01/ /11 biometrics walk in successful in Oxnard

02/07/11 EAD in production, AP post decision activity

02/11/11 AP in hand

02/14/11 EAD in the mail!!!!!!!

02/17/11 EAD in hand + applied for SSN

04/13/11 Interview and Approval letter, card in production!!!

Thank you visa journey!

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miamortueres Contributor

miamortueres   0

Posted
Filed: Country: Philippines
 Timeline
  • Author
Posted

I did. I did talked to my friend as well, which is her husband. Now they we're telling me that they succeed and all that I've said is just hearsay and cannot really forecast what will happen since I am not an IO. Good for them that they got approved. But I wonder how it happened if USCIS did a background check. I know it MAY/MAY NOT come out when she remove conditional status or apply for naturalization,but who knows? They should have deny her at the beginning right? Instead of letting her go farther.Why not deny her now than deny her and order deportation in the future.

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