will this affect us????

[Tahlisha 28]

Hello everyone :0)

I will be filing for the CR-1 visa upon my return home in june and a situation has come up that I think my serve ar a problem for us... We filed for the the K-1 and our petion was sent back forfurther review and then closed because the dates had expired... I was told here on VJ that a few things concerning us could be possible red flags... One of which being that my husband has a brother and a sister who cameto the states via the K-1 and the fact that thier spuose were once married to each other :0/

Anyhoo now my sister inlaw is trying to bring their neice over to the states (she is 8 years old) She wants me to help her find out how she can does this. I am reluctant to help her out because I think it might hurt our petition..... She has been talking to their sister ( childs mother ) and her husband about adopting her... I am wondering if that is even possible due to that fact that her husband only converted to Islam to marry her... He doesn't practice Islam at all except for fasting for Ramadan and not eating pork... He took his shahada over video chat with her so he has nothing from a mosque saying he is muslim he has never even been to a mosque...

Does anyone have any info to offer on such a situation???? Could this potentially hurt our case????

Thanks :0)

[Kathryn41 3,205]

I've moved this topic from the K-1 forum to the MENA Regional Forum as it doesn't relate to the K-1 visa process nor directly to the OP's CR-1 application (although it does affect it indirectly) but addresses a number of immigration concerns that members in this forum are more likely able to address.

[JimVaPhuong 4,863]

Hello everyone :0)

I will be filing for the CR-1 visa upon my return home in june and a situation has come up that I think my serve ar a problem for us... We filed for the the K-1 and our petion was sent back forfurther review and then closed because the dates had expired... I was told here on VJ that a few things concerning us could be possible red flags... One of which being that my husband has a brother and a sister who cameto the states via the K-1 and the fact that thier spuose were once married to each other :0/

Like Vietnam, all flags are "red" in Morocco.

All I really mean by that is it's a tough consulate. Having siblings who both immigrated through fiancee or spousal visas always has a potential to cause problems at a tough consulate. The fact that the petitioners used to be married to each other probably raises the level of suspicion by a factor of 10. Any consular officer who was doing their job in Casa (or HCMC, Vietnam, as well) would immediately suspect that the petitioners divorced so that they could help the Moroccan siblings immigrate.

That said, even if they have proof that a sibling immigrated through fraud, it's cause only for suspicion, and not in itself a reason to deny a visa. I saw a similar case with a beneficiary in the Philippines, and their visa was denied because apparently the beneficiary's sister had stung a US citizen to get a green card. Their first visa application was denied, but they succeeded on the second try. Persistence pays off in the end.

Anyhoo now my sister inlaw is trying to bring their neice over to the states (she is 8 years old) She wants me to help her find out how she can does this. I am reluctant to help her out because I think it might hurt our petition..... She has been talking to their sister ( childs mother ) and her husband about adopting her... I am wondering if that is even possible due to that fact that her husband only converted to Islam to marry her... He doesn't practice Islam at all except for fasting for Ramadan and not eating pork... He took his shahada over video chat with her so he has nothing from a mosque saying he is muslim he has never even been to a mosque...

Does anyone have any info to offer on such a situation???? Could this potentially hurt our case????

Thanks :0)

Nobody can petition for a niece. An adopted child must be adopted via the Hague Adoption Convention, or be an orphan at the time it's adopted, or must have been in the physical and legal custody of the adoptive parent for two years when the petition is filed. There is a different process for each type of adopted child. The likelihood of them being able to adopt their niece and help her immigrate is close to zero. If they can't do it, then it can't hurt your case.

[Tahlisha 28]

Like Vietnam, all flags are "red" in Morocco.

All I really mean by that is it's a tough consulate. Having siblings who both immigrated through fiancee or spousal visas always has a potential to cause problems at a tough consulate. The fact that the petitioners used to be married to each other probably raises the level of suspicion by a factor of 10. Any consular officer who was doing their job in Casa (or HCMC, Vietnam, as well) would immediately suspect that the petitioners divorced so that they could help the Moroccan siblings immigrate.

That said, even if they have proof that a sibling immigrated through fraud, it's cause only for suspicion, and not in itself a reason to deny a visa. I saw a similar case with a beneficiary in the Philippines, and their visa was denied because apparently the beneficiary's sister had stung a US citizen to get a green card. Their first visa application was denied, but they succeeded on the second try. Persistence pays off in the end.

Nobody can petition for a niece. An adopted child must be adopted via the Hague Adoption Convention, or be an orphan at the time it's adopted, or must have been in the physical and legal custody of the adoptive parent for two years when the petition is filed. There is a different process for each type of adopted child. The likelihood of them being able to adopt their niece and help her immigrate is close to zero. If they can't do it, then it can't hurt your case.

Thanks a bunch for the info :0) You have put my mind at ease (where thats was concerned)