little problem with k-1 visa

[Ed&Midori1031 330]

im in the navy and i was stationed in japan from 2007-2011. i met my fiance in tokyo in october 2009 and we've been together ever since then. she is a Philippine citizen but lived and worked in japan for 5 years. im working on the K-1 visa package at the moment. i have plenty of proof that we met the meeting requirements and that we still have an ongoing relationship, working on the package is fine, but there is one problem that im worried about: she entered japan under a different name. my question is, will this have any effect on us applying for the K-1 visa? maybe an automatic disapproval of visa or any other consequences? if anyone out there has any info please do help! thank you!

[Audy_Rob 26]

You did not say or else did not make it clear if she is now back in the Phils and will interview there or is she still in Japan and will interview in Tokyo.

If she is in the Phils, no problem but she will need a police certificate from Japan, unless unobtainable.

If she is in Japan there might be a possible problem at the visa depending on the circumstances.

You need to disclose up front all names she has used on the I-129F I believe.

Not really enough info available to say what possibiklities can occur.

[pushbrk 12,234]

im in the navy and i was stationed in japan from 2007-2011. i met my fiance in tokyo in october 2009 and we've been together ever since then. she is a Philippine citizen but lived and worked in japan for 5 years. im working on the K-1 visa package at the moment. i have plenty of proof that we met the meeting requirements and that we still have an ongoing relationship, working on the package is fine, but there is one problem that im worried about: she entered japan under a different name. my question is, will this have any effect on us applying for the K-1 visa? maybe an automatic disapproval of visa or any other consequences? if anyone out there has any info please do help! thank you!

The impact of using another name to enter Japan will depend on the reason she did so. She'll need a police certificate from Japan and yes, they ARE available. If that police certificate is in a different name than her current correct name, she'll need to document the name change. If she entered, lived and worked in Japan fraudulently, consult a qualified immigration attorney, as she would be considered a criminal. Criminal activity by the foreign beneficiary complicates things considerably.

[Ed&Midori1031 330]

she is back in the Philippines right now. she surrendered herself at immigration in Japan with her name she used to enter Japan. i told her to keep that paperwork she received from the immigration office in Japan just in case she needs it at the possible interview at the embassy. she entered japan under a different name for the main reason to work. were thinking this was no crime against U.S. immigration so hopefully wont be so harsh. But yes, i want to talk to an immigration attorney and explain me and my fiance's situation. thank u guys for the ideas, it really does, help but if u have any questions about info please don't hesitate to ask!

[pushbrk 12,234]

she is back in the Philippines right now. she surrendered herself at immigration in Japan with her name she used to enter Japan. i told her to keep that paperwork she received from the immigration office in Japan just in case she needs it at the possible interview at the embassy. she entered japan under a different name for the main reason to work. were thinking this was no crime against U.S. immigration so hopefully wont be so harsh. But yes, i want to talk to an immigration attorney and explain me and my fiance's situation. thank u guys for the ideas, it really does, help but if u have any questions about info please don't hesitate to ask!

At least now you know that US immigration cares about any criminal activity anywhere in the world, by those wishing to come "LIVE" in the USA. Certain crimes will disqualify the visa applicant. She committed a crime in Japan. I don't know what the consequences will be. When you DO speak to an attorney, I advise you to stop sugar coating the facts. Tell him she used a false passport or passport and visa to fraudulently enter Japan and work for five years, and that she later surrendered herself and voluntarily left Japan.

[Ed&Midori1031 330]

just wanted to put out, my fiance wasnt arrested or deported in any way. after she surrendered herself, they interrogated her, and sent her on her way with all the paperwork handed to her. she continued to work in japan for a couple more weeks and bought herself a plane ticket to fly home to manila. i talked to some attorneys and they just told me to be upfront with everything, they never once mentioned about any automatic denials or anything bad. im still keeping my fingers crossed!

[ThomKimQC 14]

just wanted to put out, my fiance wasnt arrested or deported in any way. after she surrendered herself, they interrogated her, and sent her on her way with all the paperwork handed to her. she continued to work in japan for a couple more weeks and bought herself a plane ticket to fly home to manila. i talked to some attorneys and they just told me to be upfront with everything, they never once mentioned about any automatic denials or anything bad. im still keeping my fingers crossed!

Is there a legitmate reason as to why she used a false name to enter Japan and work? Also how did she obtain a valid passport to travel abroad with another name? Just curious.

[Ed&Midori1031 330]

Is there a legitmate reason as to why she used a false name to enter Japan and work? Also how did she obtain a valid passport to travel abroad with another name? Just curious.

she did that so she could. work she obtained a work visa under a different name to travel to japan. she is going to file for a philippine passport soon under her REAL name. also, when she surrendered she used the fake name as well. were hoping things go ok. i know the embassy will have LOTS of questions, but were still hoping for the best.

[pushbrk 12,234]

just wanted to put out, my fiance wasnt arrested or deported in any way. after she surrendered herself, they interrogated her, and sent her on her way with all the paperwork handed to her. she continued to work in japan for a couple more weeks and bought herself a plane ticket to fly home to manila. i talked to some attorneys and they just told me to be upfront with everything, they never once mentioned about any automatic denials or anything bad. im still keeping my fingers crossed!

And you still haven't heard anybody or read anybody talking about "automatic denials". Your only viable choice is to be up front from the beginning. The devil will be in the details. One difficulty you're going to have is obtaining that Japan police report BECAUSE she traveled under a false name with a fraudulent passport. I don't know how she's going to get a US fiancee visa without that police report. You'll have to deal with the Consulate on that when the time comes.

[DaveE 178]

Also, at the interview in Manila, they will require NBI checks for every name used, including alias's. She will have to explain to the CO why it was necessary to use an alias.

Second issue - (this was currect as of six months ago when we went through it). The beneficiary cannot request the Japanese police clearance. After a MNL case number is assigned, the beneficiary must go to the US Embassy Manila and inform them that she lived in Japan. They will then provide her a formal request to carry to the Japanese Embassy requesting a police clearance. The Japanese Embassy in Manila will not accept a police clearance request from an individual. The request must be on US Embassy letterhead. The police clearance will come back in a sealed envelope to be opened only by the US Embassy. The real issue I see here is that the US Embassy is going to request the police clearance in the name of the beneficiary of the fiancee petition. Don't know how the US Embassy will react when she tells them to request a police clearance in multiple names.

The only up side to this (if there is one), is that the Japanese officials did not pursue the matter when they were notified. The fact that they allowed your fiancee to stay in country for another few weeks may be a positive thing. My advice is to get a good attorney and make sure nothing is being withheld. The consular affairs offices have seen it all, you will not fool them.

[villaspurs 65]

she did that so she could. work she obtained a work visa under a different name to travel to japan. she is going to file for a philippine passport soon under her REAL name. also, when she surrendered she used the fake name as well. were hoping things go ok. i know the embassy will have LOTS of questions, but were still hoping for the best.

To clarify, if she surrendered using the fake name, did the Japanese government ever know her real name?

[pushbrk 12,234]

To clarify, if she surrendered using the fake name, did the Japanese government ever know her real name?

It's hard to say. The police report will contain the answer. "What a terrible web we weave, when first we practice to deceive. To know "what will happen" we would need some experience or report of a very similar situation. I don't recall any.

No matter what the real answers are to these unknowns, the other unknown you need to be aware of is that the Consulate will be aware that your fiancee has already been willing to commit immigration fraud to live and work in one country. No matter how they deal with that specifically, there will be an unusually high level of scrutiny of your relationship bona fides. After all, the primary purpose of the interview is to determine whether the relationship is being entered into exclusively to circumvent the US immigration laws to obtain a benefit. She's done it once and they'll be wanting to make sure she's not doing it again.

Edited March 8, 2011 by pushbrk