Ready to send CR-1 - Thoughts?

[jsjs 10]

Hello everyone, I’m about to submit the CR1 petition for my wife in the Philippines, and I wanted to get feedback on whether or not what I have provided will suffice.

Some things that we’re afraid will raise red flags are the fact that she’s been in the U.S. before on both asylum (as a minor and dependent of her father) and on a K-1 Visa. She did overstay that K-1 Visa almost to the point of a bar to press charges and file a restraining order. The last 2 months of her stay here she lived with my family and I and we married.

I realize that this could cause some problems for us, so I’ve tried to include as much evidence and proof as I possibly can and I would like to get the opinions of everyone else on here regarding what I’ve provided and what else I could provide to smooth this process over and avoid any unnecessary delays.

• Pictures
  • Pictures of us before, during, and after the wedding, including trips
  • Pictures of the proposal
  • Pictures of her and me with my family celebrating holidays and birthdays

• Phone Records – showing 20,000 minutes per month in the months leading up to marriage before she arrived to stay with me, and phone records of us talking during my breaks at lunch while we were apart when she was staying with me and my family.

• Google Chat Records – A list of all chat records since we’ve known each other (Not the actual chats, just when they occurred and how long they were) - this is quite a lot

• Email
  • Display of Email history
  • Email Examples – Several examples of emails since being married.

• Skype Records – Snapshots of several Skype chats and call durations since being married. I'm not sure if transcripts can be accessed, I was just going to take screenshots of several excerpts from various chats.

• Facebook
  • Snapshots of facebook wall interactions between us and her interactions with my family before and after marriage.
  • Facebook – Facebook chat interactions between her and I and her and my family before and after marriage.

• Bank – We have both been added to each others bank accounts.
  • Joint Bank Statements from my account
  • Joint Bank Statements from her account.
  • Voided Check with both our names from my original account.
  • Voided Check with both our names from her original account.

• Philippine Apartment Contract and Lease with both of our names – I helped pay rent so my name was placed on it as well. She currently lives here as well.

• Documents showing proof of being covered under my Health, Life, and Dental insurance. Listed as beneficiary.

• Pictures, Receipts of engagement rings and wedding bands.

• Car title showing vehicle in both our names.

• Vehicle Registration showing both our names.

• Evidence of us both owning a dog together including pictures and veterinary papers. Dog is also micro chipped and registered to both of us.

• Letters affirming marriage
  • Letters from my Mom, Dad, and Sister – signed with copy of driver’s license included – attended the wedding
  • Letters from my Grandparents – signed with driver’s license included – attended the wedding
  • Letters from three close friends – signed and notarized with license included

• Copies of envelopes and Letters and mail addressed to her showing we lived together.

• Copy of Report of Marriage to the Philippine Embassy that was approved and accepted.

• Copy of marriage certificate.

All of this has added up to be a very thick packet. I will also continue to save records of chats and interactions between us as time goes by, as well as pictures of us Skyping. Also, we had a very small wedding ceremony/celebration. It consisted of only my parents, sister, and grandparents. We were wanting to have a bigger celebration later when I visit her in the Philippines, that way her family could be included too. I was told by a friend though that this might not be a good thing to mention as having a larger ceremony later can be seen as fraud. He avoided doing that when he married his wife from India. Any thoughts or suggestions? On any of it?

Thank you!!

[jsjs 10]

That stuff ain't good enough? =[

[NikLR 13,234]

Looks likes loads!

[Darnell 8,479]

you might have an overlap,

with her coming in on a k-1 visa and the phone logs of you calling her whilst she was in the throes of chasing after a K-1 visa with another human.

you wrote showing 20,000 minutes per month in the months leading up to marriage before she arrived to stay with me, and phone records of us talking during my breaks at lunch while we were apart when she was staying with me and my family. and that's the timeframe where she was:

1. chasing after a K-1 visa and

2. in the USA on a K-1 visa and

3. in the USA after the I-94 expired

IMO, you should prep a letter of attestation about the failure to marry on the K-1 visa, prior, to that other human.

[jsjs 10]

Who should write the letter? The petitioner or the beneficiary? Also, what will happen if we fail to write a letter of attestation?

you might have an overlap,

with her coming in on a k-1 visa and the phone logs of you calling her whilst she was in the throes of chasing after a K-1 visa with another human.

you wrote showing 20,000 minutes per month in the months leading up to marriage before she arrived to stay with me, and phone records of us talking during my breaks at lunch while we were apart when she was staying with me and my family. and that's the timeframe where she was:

1. chasing after a K-1 visa and

2. in the USA on a K-1 visa and

3. in the USA after the I-94 expired

IMO, you should prep a letter of attestation about the failure to marry on the K-1 visa, prior, to that other human.

Who should write the letter? The petitioner or the beneficiary? Also, what will happen if we fail to write a letter of attestation?

you might have an overlap,

with her coming in on a k-1 visa and the phone logs of you calling her whilst she was in the throes of chasing after a K-1 visa with another human.

you wrote showing 20,000 minutes per month in the months leading up to marriage before she arrived to stay with me, and phone records of us talking during my breaks at lunch while we were apart when she was staying with me and my family. and that's the timeframe where she was:

1. chasing after a K-1 visa and

2. in the USA on a K-1 visa and

3. in the USA after the I-94 expired

IMO, you should prep a letter of attestation about the failure to marry on the K-1 visa, prior, to that other human.

[Darnell 8,479]

since the I-130 is the petitioner's document, I suggest the petitioner write it.

The thing I've described is a big red flag.

The general concensus about red flags is that

IF they are presented and covered during the I-130 adjudication process, and IF the I-130 is approved,

then the red flag 'topic' can not be used at the IV Unit to deny the visa application on or before interview day as USCIS already approved the petition and the red flag was addressed during the I-130 adjudication.

whew ! That was a mouthful - I just wrote it, I can't imagine saying it out loud without stumbing...

now, you asked what would happen if you failed to write a letter of attestation.

You've a big red flag. USCIS could certainly ask for other evidence, a monograph, or even some other information about the prior fiance, and a timeline of what occurred and when and with WHOM, in an RFE. Or USCIS could simply deny the petition, thinking there was some hanky-panky going on and that she was just coming in on a K-1 visa with no intention to marry the first petitioner and had in mind, all along, to be with you.

So, without the letter of attestation at USCIS, yer facing an RFE or a flat out denial. But don't take that the wrong way, for now...

Another assumption - without the letter of attestation - say, for example, the petition is approved at USCIS. Docs get sent, fees get paid into NVC. The IV Unit reviews all of the background checks on the beneficiary, finds she's a prior K-1 visa holder during the TIME together with you, and either:

--denies the visa application outright on interview day or

--requires a deep background check on the beneficiary AFTER the interview day, pushing the casefile into administrative processing for 4 to 9 months and no one gets on the plane.

If you'd like some peace of mind about this, I would recommend a 1 to 2 hour consult with Marc Ellis (google 'Marc Ellis immigration' for his contact info) - pay his fees, and listen to his advice...

IMO, that letter of attestation is important. But don't take just my word for it. Get in touch with Marc Ellis, explain all about the overlap on time, and pay attention to what he says and do what he says... It'll be the best 2 hours consult you've ever paid monies for, I assure you.

[jsjs 10]

Just to clarify, the k1 visa already expired, and it has been months since its expiration before me and my husband got together. I was not "with" him during the validity of that k1 visa.

since the I-130 is the petitioner's document, I suggest the petitioner write it.

The thing I've described is a big red flag.

The general concensus about red flags is that

IF they are presented and covered during the I-130 adjudication process, and IF the I-130 is approved,

then the red flag 'topic' can not be used at the IV Unit to deny the visa application on or before interview day as USCIS already approved the petition and the red flag was addressed during the I-130 adjudication.

whew ! That was a mouthful - I just wrote it, I can't imagine saying it out loud without stumbing...

now, you asked what would happen if you failed to write a letter of attestation.

You've a big red flag. USCIS could certainly ask for other evidence, a monograph, or even some other information about the prior fiance, and a timeline of what occurred and when and with WHOM, in an RFE. Or USCIS could simply deny the petition, thinking there was some hanky-panky going on and that she was just coming in on a K-1 visa with no intention to marry the first petitioner and had in mind, all along, to be with you.

So, without the letter of attestation at USCIS, yer facing an RFE or a flat out denial. But don't take that the wrong way, for now...

Another assumption - without the letter of attestation - say, for example, the petition is approved at USCIS. Docs get sent, fees get paid into NVC. The IV Unit reviews all of the background checks on the beneficiary, finds she's a prior K-1 visa holder during the TIME together with you, and either:

--denies the visa application outright on interview day or

--requires a deep background check on the beneficiary AFTER the interview day, pushing the casefile into administrative processing for 4 to 9 months and no one gets on the plane.

If you'd like some peace of mind about this, I would recommend a 1 to 2 hour consult with Marc Ellis (google 'Marc Ellis immigration' for his contact info) - pay his fees, and listen to his advice...

IMO, that letter of attestation is important. But don't take just my word for it. Get in touch with Marc Ellis, explain all about the overlap on time, and pay attention to what he says and do what he says... It'll be the best 2 hours consult you've ever paid monies for, I assure you.

[Darnell 8,479]

ah - that's a big clarification, then.

That's not how i read it, back at post #1 - it read as there were overlapping calendar spans.

I not take into account before she arrived to stay with me might possibly mean after you walking away from the prior petitioner. I made a grand assumption, the other way.

Apologies...

Going forward, you may have some issue with the duration of your time in the USA. Although you mention the validity of the visa as being the calendar paid attention to when approaching the overstay bar, the K-1 visa dates do not matter.

What matters is the I-94 dates. In 99.99 percent of K-1 visa holders getting the I-94, that's only a 90 day duration. So, recompute your overstay days based on the expiration date of the I-94. If you think a waiver is needed for this, you'd file it at Manila IV on interview day, then wait for the waiver to be approved.

Edited August 3, 2013 by Darnell

[jsjs 10]

Thanks so much for all the advice and helpful information!

ah - that's a big clarification, then.

That's not how i read it, back at post #1 - it read as there were overlapping calendar spans.

I not take into account before she arrived to stay with me might possibly mean after you walking away from the prior petitioner. I made a grand assumption, the other way.

Apologies...

Going forward, you may have some issue with the duration of your time in the USA. Although you mention the validity of the visa as being the calendar paid attention to when approaching the overstay bar, the K-1 visa dates do not matter.

What matters is the I-94 dates. In 99.99 percent of K-1 visa holders getting the I-94, that's only a 90 day duration. So, recompute your overstay days based on the expiration date of the I-94. If you think a waiver is needed for this, you'd file it at Manila IV on interview day, then wait for the waiver to be approved.

[jsjs 10]

Darnell - I would like to send you a message to ask a question in private, as it is really personal. It says that you are unable to receive messages though. Is your inbox full or could you make room?

Thank you

ah - that's a big clarification, then.

That's not how i read it, back at post #1 - it read as there were overlapping calendar spans.

I not take into account before she arrived to stay with me might possibly mean after you walking away from the prior petitioner. I made a grand assumption, the other way.

Apologies...

Going forward, you may have some issue with the duration of your time in the USA. Although you mention the validity of the visa as being the calendar paid attention to when approaching the overstay bar, the K-1 visa dates do not matter.

What matters is the I-94 dates. In 99.99 percent of K-1 visa holders getting the I-94, that's only a 90 day duration. So, recompute your overstay days based on the expiration date of the I-94. If you think a waiver is needed for this, you'd file it at Manila IV on interview day, then wait for the waiver to be approved.

[Darnell 8,479]

apologies - i do not do PMs here, at all.

[jsjs 10]

I guess it can't be helped, and I'll leave out some details.

Right before her K-1 visa expired she was held and detained against her will by her ex-fiancee for a week. During that week she was victim to many terrible crimes before she was finally able to escape. And when I say terrible, I mean terrible. This is a big reason as to why she overstayed, because the day she escaped was the day her visa expired. In escaping she was unable to retrieve most of her belongings, especially important documents, so it would be hard for to leave. Since then she has pursued criminal charges and a restraining order, and has gone to several court dates. The criminal charges have since been dropped, but the restraining order is still ongoing and the court dates keep getting pushed back. Now my question is, do you think it would be wise to include documents concerning this? Such as the police report, court papers, and stuff like that. She was also diagnosed with PTSD and saw a therapist. Would documents concerning the therapist and PTSD be a good idea as well?

[Darnell 8,479]

can clear up one thing, nowish?

You mention a visa expiration date. A K-1 visa is invalidated at the POE, any dates printed on it do not matter once the K-1 visa holder exits the POE -

what matters are the I-94 dates ...

----

as to the rest of your question - apologies - I'm a gonna crash for the evening..... I'll remind you of this - if there are COURT records where SHE is the defendant, then those must be filed. Since she's not a defendant, then I'm a thinking (loosely) that she does not need to file copies with the I-130.

[jsjs 10]

the i-94 validity, ended on the day i left. What we mean by visa expiration is actually the i-94. Im sorry for the confusion.

can clear up one thing, nowish?

You mention a visa expiration date. A K-1 visa is invalidated at the POE, any dates printed on it do not matter once the K-1 visa holder exits the POE -

what matters are the I-94 dates ...

----

as to the rest of your question - apologies - I'm a gonna crash for the evening..... I'll remind you of this - if there are COURT records where SHE is the defendant, then those must be filed. Since she's not a defendant, then I'm a thinking (loosely) that she does not need to file copies with the I-130.

[Darnell 8,479]

ok la - so one less thing to worry about, you not have any overstay, so not need to file a waiver with Manila IV after Visa Interview.

Nite Nite...