have you ever before filed a petition for this or any other alien

[hieumin 2]

Hi, all VJers,

This question "have you ever before filed a petition for this or any other alien" came from my brother.

6 years ago, he sponsored his ex-wife through K1 and marriage lasted for 3 years. Now he plans sponsoring his new spouse through CR1 process and stuck with this question "have you ever before filed a petition for this or any other alien". How should he answer this: YES or No.

" If YES, give name, place and date of filing, and result">>>>>>>beside the name of his ex-spouse, what to write about "place" "date" and "result"?

All input are appreciated.

Hieumin

[Joe&Diane 0]

Hi, all VJers,

This question "have you ever before filed a petition for this or any other alien" came from my brother.

6 years ago, he sponsored his ex-wife through K1 and marriage lasted for 3 years. Now he plans sponsoring his new spouse through CR1 process and stuck with this question "have you ever before filed a petition for this or any other alien". How should he answer this: YES or No.

" If YES, give name, place and date of filing, and result">>>>>>>beside the name of his ex-spouse, what to write about "place" "date" and "result"?

All input are appreciated.

Hieumin

The answer is YES

[BinhJerome 14]

Hi, all VJers,

This question "have you ever before filed a petition for this or any other alien" came from my brother.

6 years ago, he sponsored his ex-wife through K1 and marriage lasted for 3 years. Now he plans sponsoring his new spouse through CR1 process and stuck with this question "have you ever before filed a petition for this or any other alien". How should he answer this: YES or No.

" If YES, give name, place and date of filing, and result">>>>>>>beside the name of his ex-spouse, what to write about "place" "date" and "result"?

All input are appreciated.

Hieumin

You have to answer YES, no way around it, and fill in the form, was this woman also from Vietnam? If so then he will more than likely have to explain what happened, or at least his new wife will have to explain for him since he will not be at the interview. He will need to prove that it was not immigration fraud, and if it was within 2 years he will have to file a waiver of the IMBRA filing act, if it was past 2 years no waiver is needed, just strong proof that the first and the current one is not fraudulent. The biggest hurddle is if they were both from Vietnam, and if the old marriage just ended, it might look like he is doing this for money. Just make sure his case is strong, and make sure he is prepared for the worst and long delays. Jerome

[BinhJerome 14]

Place = where the first visa was filed (Vietnam conslate HCMC)

Date = how long ago the petition was filed

Result = did the visa get approved

[JimVaPhuong 4,863]

You have to answer YES, no way around it, and fill in the form, was this woman also from Vietnam? If so then he will more than likely have to explain what happened, or at least his new wife will have to explain for him since he will not be at the interview. He will need to prove that it was not immigration fraud, and if it was within 2 years he will have to file a waiver of the IMBRA filing act, if it was past 2 years no waiver is needed, just strong proof that the first and the current one is not fraudulent. The biggest hurddle is if they were both from Vietnam, and if the old marriage just ended, it might look like he is doing this for money. Just make sure his case is strong, and make sure he is prepared for the worst and long delays. Jerome

He said his brother was married to the K1 bride for three years, so the two year limit has already passed. In addition, he's now filing a CR1 visa petition. The IMBRA does not apply to spousal visa petitions - only fiancee visa petitions.

All the points about visa fraud are valid.

[hieumin 2]

Thanks JeromeBinh and JimvaPhuong,

He filed I-129F for ex-wife around 2005 and ex-wife got green card in late 2006. His ex-wife cheated on him by sleeping with another man. Ex-wife had baby w/ another man. My brother had filed divorce before ex-wife's 2 months green card removal of coindition (2009). He met his current wife several months after (late2009)and had weeding last month 2011. Now is prepare for I-130.

[Dau Que 6]

Thanks JeromeBinh and JimvaPhuong,

He filed I-129F for ex-wife around 2005 and ex-wife got green card in late 2006. His ex-wife cheated on him by sleeping with another man. Ex-wife had baby w/ another man. My brother had filed divorce before ex-wife's 2 months green card removal of coindition (2009). He met his current wife several months after (late2009)and had weeding last month 2011. Now is prepare for I-130.

Good luck explaining that to the C/O. The way I see it, it's the end of the previous cycle (that is she's got what she wants, the GC, and he's got what he wants, the $$$) and now it's time to repeat the cycle all over again, except he's smart enough to choose a new route (CR1).

Edited March 15, 2011 by Dau Que

[tanstaafl 1]

Good luck explaining that to the C/O. The way I see it, it's the end of the previous cycle (that is she's got what she wants, the GC, and he's got what he wants, the $$) and now it's time to repeat the cycle all over again, except he's smart enough to choose a new route (CR1).

The way you 'see' it. Now, if you were in the CO's shoes, could you prove that this is fraud or just say, 'hey, this is how I see it' to her? Would this be a solid ground in court?

[Dau Que 6]

The way you 'see' it. Now, if you were in the CO's shoes, could you prove that this is fraud or just say, 'hey, this is how I see it' to her? Would this be a solid ground in court?

Has your case been approved? Has she got the pink sheet? What do you PLAN to do if she doesn't? Talk tough like above to the C/O? Remember one thing buddy, you're NOT the one who hands out the pink slip and the law in these instances is NOT clear black and white.

The C/O has 100% personal discretion to decide, based on feelings. You don't like and agree. But you can NOT force the C/O to prove anything. And they're not stupid to write " I don't like this relationship; therefore I failed it."

Edited March 26, 2011 by Dau Que

[ScottThuy 140]

The way you 'see' it. Now, if you were in the CO's shoes, could you prove that this is fraud or just say, 'hey, this is how I see it' to her? Would this be a solid ground in court?

The bad part is that the CO does not need to 'prove' anything to deny a petition... they only need to say it looks like a duck to a reasonable person and its a duck... even though it may have fur... then you have to respond saying the CO is wrong and rebut the whole thing and go back through the process again...

[quann 26]

sorry but if it looks suspicious to us here...then red lights and alarms are flashing and beeping to the CO. they've blue-slipped other relationships for less, good luck to your brother. the story about his ex-wife cheating on him and having a child with another man actually hurts his credibility, not help it imo.

[BinhJerome 14]

The way you 'see' it. Now, if you were in the CO's shoes, could you prove that this is fraud or just say, 'hey, this is how I see it' to her? Would this be a solid ground in court?

Dont pay DanQ no mind, but he is 100% correct, he just has a bad attitude at times, but at times it is needed to keep people grounded and aware of what can and does happen. Here is the funny, in my petition we were denied, and there is no court case, the CO lied and it was proven, I hired a lawyer and he got all the CO's notes that he had written, and it clearly showed that the CO lied on our reasons for denial, guess what the US government said and did. NOTHING, accept that they told us it would not be wise to file again because the same CO is still in HCMC and if we did refile again the same CO might get our case again, and with us filing a complaint there would be nothing to stop him from denying ti right out of the box. The sad fact I learned is that there is NO checks and balances, the CO's can and do run rampant in HCMC. The only thing that did come from my inquiry is that the CO was repremanded and for 6 months he was not allowed to do any interviews, but he is now doing interviews again. After what i did will he try it again? Who knows, do I have any court case? Maybe if I really pushed it I might be able to do a civil suit with the CO, but how do you go about having a civil suit filed for a person in a foreign country at an embassy? Do you think the government would allow such a suit since they would have to be short handed while he was in the US defending himself? What I did was spend $2500 on a lawyer that put HCMC on notice and it reaffirmed to all the CO's that there is nothing we can really do, but that if they do step too far out of line that they might get repremanded, but even with blaintant proof of his misconduct they did not even fire him. We did come away feeling better because we proved to the US and ourselves that he was a liar, but NOTHING else came from it

[confusedasheck 21]

jeromebinh

Have you tried contacting the ACLU? They might know how to proceed in this case.

[luckytxn 2,263]

jeromebinh

Have you tried contacting the ACLU? They might know how to proceed in this case.

Or Obama the Socialist. Or even Santa or maybe the Easter bunny.

[BinhJerome 14]

jeromebinh

Have you tried contacting the ACLU? They might know how to proceed in this case.

Our lawyer did everything he could think of, the way the system works they are not allowed to approve a visa stateside, it MUST be approved overseas, so even though there was clear eveidence that the CO lied it would still have to go through HCMC, and since my petition was "Expired" by the time everything happened there was nothing that they could do, I was free to refile, and i am able to sue the CO, but with him being in Vietnam, it would be hard and all but impossible. Then he never said that it was a sham, only that it "Appeared" even though it was clear for his reasons on the denial he made false statements. False statements not under oath are not illegal. With the class action lawsuit that Brent is doing I actually have a better chance at having something done with that, and only IF it goes through, then I can try to sue the goverment but as we all know that usually never works. Basically everyone said I was Sh@t out of luck. BTW the ACLU will not touch the case because it is closer to a civil case since one SINGLE person had the dire affect on the case, and not actually the government.