question 34.a and truth

[amalthea 0]

Hi,

I'm at a fork in the road. I'm writing my 34.a answer, and I'm not sure how I should proceed. I lived "under the radar" with my Norwegian born fiance for 8 months in Norway while looking for work unsuccessfully last year and was found out, deported and blacklisted in January of this year. It was a very depressing and traumatizing experience.

Of course my first instinct is to come clean since that is ample time spent with him, but will it look bad in our case to get him to America if I have done something illegal in his country?

I would appreciate any advice.

[Elizabeth+Fred 35]

Well, if you were officially deported from Norway, this WILL have been reported to the U.S. authorities, and so I would expect it to "pop up" when USCIS processes your petition to bring in your Norwegian fiance. As we all know very well, lying about something (or, even, not mentioning something you know could be of imprtance during the process) will cause many more problems than being honest about something.

That said... this is an obvious red flag. Personally, I would not trust my own legal expertise (bwah! which? on the matter, and just check with a good immigrations lawyer. Many of them have an interview session which is free, this should be the first question to pose.

Good luck!

[amalthea 0]

well the thing is when I got back to the US, the homeland security officer laughed and wouldn't accept my papers, and told me to keep it.

[cdneh 3,118]

I'd be honest about it. Best plan wihen dealing with USCIS.

[KayDeeCee 4,904]

You being in another country illegally does not affect your I-129F petition. If you lived in Norway with your fiance, then just say so and provide proof that you were together in person with passport stamps, boarding passes, receipts(ATM,bank/credit card,hotel,etc.), and joint lease or any documentation to show that you two resided together. You do not even need to mention being deported when describing how you two met in person within the last 2 years.

[Elizabeth+Fred 35]

Hmm, won't this show up during the (USC) background check on travel history?

[amalthea 0]

Elizabeth+Fred,

How could it? Like I said, US dept of homeland security did not care about my papers or what happened. I have the papers that they should've filed. I'm not sure about it being official. It is not like the US had any say in the matter. If i fought it, sure, perhaps. But I didn't. I obliged.

[Elizabeth+Fred 35]

Good point. It may "stick" only within the Norwegian systems, and, if they pass on this info into the Schengen zone, all other EU countries within that zone (they do exchange information on travellers for 'safety and security'...) but you're right- if the CBP at your U.S. POE didn't do anything with it, it most likely wasn't recorded anywhere in the U.S.

So... don't mention it, and IF it comes up, acknowledge that it happened, but that the CBP officer was not interested in it, and so you didn't even remember it anymore...

--fred

[KayDeeCee 4,904]

Hmm, won't this show up during the (USC) background check on travel history?

What if it does? How is this a red flag for the I-129F petition anyway, as you mentioned earlier? US does not govern illegal stays in other countries, only the US. If the foreign fiance(e) had been living in the US illegally, then that would be a problem for getting a K-1 visa. The USC living in Norway illegally won't affect the eligibility to file the I-129F petition or the foreign fiance(e) to apply for and get a K-1 visa.

If it should ever be asked about, then they should just answer truthfully about it.

The question about how they met within the last 2 years does not ask anything about whether or not they were in the other country legally or illegally. I doubt the USCIS cares.

[amalthea 0]

What if it does? How is this a red flag for the I-129F petition anyway, as you mentioned earlier? US does not govern illegal stays in other countries, only the US. If the foreign fiance(e) had been living in the US illegally, then that would be a problem for getting a K-1 visa. The USC living in Norway illegally won't affect the eligibility to file the I-129F petition or the foreign fiance(e) to apply for and get a K-1 visa.

If it should ever be asked about, then they should just answer truthfully about it.

The question about how they met within the last 2 years does not ask anything about whether or not they were in the other country legally or illegally. I doubt the USCIS cares.

thank you, I feel more at ease now about this, I appreciate your reply.