K-1 visa problems

[HeresJohnny 0]

Hello everyone. I have a few questions that pertain to my fiancee in the Philippines. First off, she has been petitioned in the past and approved 13 years ago. She was petitioned under a fake name and birthday by a much older man because she was only 16 years old at the time. He was a family friend and misled her what his true intent. He was to rape her and lock her into a house. She stayed in the United States for a few months before she escaped and managed to get him to fly her back to the Philippines. Since then her green card has already expired. She has twins with a different man who abandoned her and the kids. His name is not included on the birth certificate of the twins. She has no contact with either of the two men. Since then I have had a relationship with her for two years. We filed a K1 and K2 visa for her and the kids.

My K-1 visa to the Philippines has already been approved. I am about to schedule the interview date and pay the embassy fees in the next couple days. She has no record of being in the United States under her real name and birth date. We have all the paperwork, NBI clearance, and Cenomar. The cenomar is an official one but it was created by a friend who works at the NSO office. This was needed to make sure it would say she was single. I am worried that if they look it up they will find out that she was married. The older man who did a spousal visa with her when she was 16 will not end the marriage. I am also worried that when she gets her fingerprints they will notice that she was already in the United States, this was done in 1999. I am unsure if they will notice this. She and I are very worried that she will not pass the interview, or that they will find out the past history. If anyone has any advice that would be much appreciated.

[Anh map 2,098]

With all the lies that have already been told and are being prepared to tell there is nothing but trouble ahead.

Do the right thing, and the smart thing, and tell the truth from the beginning.

When she is caught with all the lies, she will have a lifetime ban to US entry.

So, be stupid and live together outside the US. Or, be smart and you can live in the US.

Edited September 9, 2012 by Anh map

[HeresJohnny 0]

I realize that there is alot that she is hiding. Do you think that chances of passing and gaining entry are very slim to none? I hear that they are pretty thorough.

[Anh map 2,098]

I realize that there is alot that she is hiding. Do you think that chances of passing and gaining entry are very slim to none? I hear that they are pretty thorough.

If you are actually telling a real story, and not just trolling, there is a nightmare ahead.

You will also be liable for immigration fraud prosecution along with the married woman you want to bring to the US as your fiancee.

Choose your next steps carefully.

[HeresJohnny 0]

I can assure you that I am not trolling. I read stories about people with similar situations and they spent many thousands of dollars to fight in court to prevent deportation. I am not sure what to do. Should I even get the interview date scheduled. I know that this situation is very bad, but I will do whatever I can to bring her here.

[mtcmk1 37]

I realize that there is alot that she is hiding. Do you think that chances of passing and gaining entry are very slim to none? I hear that they are pretty thorough.

I think that you should just go ahead and tell the truth. There is a big chance that she will be discovered and therefore be denied entry FOREVER into the US. She should have gotten the help of an attorney to force the older man into ending the marriage, clearing her name (even though it's different then her real one) with the US, and then proceed to have you file for her.

I fear that all the lies will just be discovered and then both you and her will be in trouble

[canadian_wife 1,823]

She was fingerprinted to get her first visa. She'll be fingerprinted again and then the jig is up. They'll know

They'll know she got a fake CENOMAR and they may find her guilty of misrepresentation for immigration purposes. Which is a lifetime ban from the US. Before they even ask her a question - the deal is done

So I'm not sure why you say you dont' know what to do. I'd pull the peititon and refile, with the help of a qualified immigration attorney

Good luck

[HeresJohnny 0]

She was fingerprinted to get her first visa. She'll be fingerprinted again and then the jig is up. They'll know

They'll know she got a fake CENOMAR and they may find her guilty of misrepresentation for immigration purposes. Which is a lifetime ban from the US. Before they even ask her a question - the deal is done

So I'm not sure why you say you dont' know what to do. I'd pull the peititon and refile, with the help of a qualified immigration attorney

Good luck

This is what I feared. After I get the prior marriage annulled then I should list all the prior identities on this petition and explain why I am going through the process again? I believe I read that once your petition gets approved then you have three months to set an interview date but you can file an extension. I also read that the annulment in the Philippines can take over a year. So it would be smart to just pull the petition now and get a immigration lawyer.

[NY_BX 397]

Hello everyone. I have a few questions that pertain to my fiancee in the Philippines. First off, she has been petitioned in the past and approved 13 years ago. She was petitioned under a fake name and birthday by a much older man because she was only 16 years old at the time. He was a family friend and misled her what his true intent. He was to rape her and lock her into a house. She stayed in the United States for a few months before she escaped and managed to get him to fly her back to the Philippines. Since then her green card has already expired. She has twins with a different man who abandoned her and the kids. His name is not included on the birth certificate of the twins. She has no contact with either of the two men. Since then I have had a relationship with her for two years. We filed a K1 and K2 visa for her and the kids.

My K-1 visa to the Philippines has already been approved. I am about to schedule the interview date and pay the embassy fees in the next couple days. She has no record of being in the United States under her real name and birth date. We have all the paperwork, NBI clearance, and Cenomar. The cenomar is an official one but it was created by a friend who works at the NSO office. This was needed to make sure it would say she was single. I am worried that if they look it up they will find out that she was married. The older man who did a spousal visa with her when she was 16 will not end the marriage. I am also worried that when she gets her fingerprints they will notice that she was already in the United States, this was done in 1999. I am unsure if they will notice this. She and I are very worried that she will not pass the interview, or that they will find out the past history. If anyone has any advice that would be much appreciated.

She will NOT pass biometrics to begin with. They have her fingerprints, she more than likely will be denied; almost 99% for sure. Now, I find it hard to believe USCIS approved a case with so many lies, including a minor. It is just far fetched, yet not impossible. Furthermore, you filed a petition for a married woman, making you liable under misrepresentation. Apparently your friend 'forged' a cenomar document. I would've taken care of the divorce first; hired an attorney in the US and helped her get a divorce. I understand that would've open in even bigger can of worms, given the marriage was entered under fraudulent circumstances on the USC part. That's human trafficking and- if evidence is produced- her 'husband' could actually be looking at jail time.

If you pass the interview, if she receives a visa, once in the US immigration can get her on a next flight out back home. It's not unusual; it happens everyday. I wouldn't be surprised if she has a lifetime ban already. By the way, you're K-1 Visa is NOT approved yet. What was approved was your PETITION. So basically they've looked into YOUR record to see if you're eligible for this privilege. They're now starting to look into hers to see if they can approve the visa. That's why she must set up an appointment for an interview. That's part of her side of the process. So, yes, it may be denied and it more than likely will.

You must come clean and hire a GOOD attorney. This is nothing but a nightmare- at best.

Edited September 9, 2012 by NY_BX

[NY_BX 397]

This is what I feared. After I get the prior marriage annulled then I should list all the prior identities on this petition and explain why I am going through the process again? I believe I read that once your petition gets approved then you have three months to set an interview date but you can file an extension. I also read that the annulment in the Philippines can take over a year. So it would be smart to just pull the petition now and get a immigration lawyer.

Good point on the previous poster. You shouldn't use this petition as it's full of misdirected facts. Pull it out, stop the precess, fix the 'marriage' situation and refile. I believe the marriage- after so long- can't be annulled. I'm not sure however. Get a good attorney.

[Ebunoluwa 6,136]

This is what I feared. After I get the prior marriage annulled then I should list all the prior identities on this petition and explain why I am going through the process again? I believe I read that once your petition gets approved then you have three months to set an interview date but you can file an extension. I also read that the annulment in the Philippines can take over a year. So it would be smart to just pull the petition now and get a immigration lawyer.

Yes. But not just ANY immigration lawyer. Be very selective in who will represent you. Get recommended names who handle difficult cases like yours

or you will just blow a lot of money for nothing.

[HeresJohnny 0]

Do you think that it would be advisable to hire an immigration attorney in my home state or hire one in the philippines? By chance would you know how long does it take on average in order to an annulment?

Edited September 9, 2012 by HeresJohnny

[NY_BX 397]

Do you think that it would be advisable to hire an immigration attorney in my home state or hire one in the philippines? By chance would you know how long does it take on average in order to an annulment?

annulment is a thorough, long process. She'll need to prove the marriage was entered under fraudulent pretenses (in this case). So look at court time, etc. Get a lawyer and know this will take some time. I think is a good idea for her to get a lawyer in the Philipines as well.

Edited September 9, 2012 by NY_BX

[canadian_wife 1,823]

Do you think that it would be advisable to hire an immigration attorney in my home state or hire one in the philippines? By chance would you know how long does it take on average in order to an annulment?

Consult Laurel Scott. She offers free chats on Wednesdays.

I'd hire qualifed US immigration attorney, who specializes in inadmissability - like Laurel

This process will not be easy for cheap for you. FYI

Good luck

[HeresJohnny 0]

Do you think it would be easier for me to hire a lawyer in my home state of Nevada, or is the process available to do across state?