More Of A Sticky Situation

[Mister Ecua 0]

Background Posts: FIRST and SECOND

Well first, I just want to thank everyone for their help, thi forum is very helpful, the people here quickly respond and best of all, from what I have seen, very friendly (First forum i've seen with no flame wars )

I have hit a lot of road blocks and a lof of you have helped me ram right through them without damage, but I am afraid I have hit the mother of all road blocks as of today and do not think that I can ram this one down or go around it. Although I do not want to, I am just going to lay it all out. I just recently got of the phone with my fiance, talking about the I-485, I-130, etc. pretty much all the forms we need to fill out to adjust her status from her overstayed tourist visa. Now (HERE COMES THE BAD PART) I knew she had another passport and visa with another name for reasons I don't think are too important to state because it's pretty obvious why. But, as of today, I found out she entered the US with this false passport and visa. We discussed this situation before when I met her, but I must have overheard her about the part of here entering the US with the false documents. So it turns out, yes her visa is expired, and yes she has overstayed, but not in "her" name, but the name in the other passport and visa. From here, I do not even know where to begin. I know she has to go and I told her that, but came her for maybe some advice or help, or maybe someone has been down this road (hopefully), I sure would like to hear their story, especially if they are now married and living in the US.

I know little about visa fraud and I am sure that my fiance has comitted just that. From seeing the term pop up a few times here, I know it is something to be feared.

Here's What I Have Been Thinking About As A Solution (From Worst To Greatest Idea):

1. Continue to apply for the AOS (I don't think this is now possible in my situation, even if she was married to me. She now does not have a I-94, which I believe is require to even apply, correct?)

2. Send her home and apply for a K1 Visa (If I did this, then our story on how we met would need to be modified during the interview and that is something I do not want to tinker with)

3. For me to move to Peru and live there happily ever after (this I do not want to do, but seems to be the perfect solution )

Let's see, I have been sobbing for about 4 hours now and my body & heart aches a whole lot now, if anyone can provide any, please

[notrepetiteashley 0]

Lawyer. Immediately.

Good luck....

[Dr_LHA 3]

You need to start talking to a lawyer. Entering the USA on a falsified visa/passport is extremely serious and can land your fiancee in jail.

That said, if you want an opinion on the options you gave, 2 or 3 are definitely your best bets. 1 is extremely dangerous.

Legal consultation is definitely an avenue you should be exploring right now.

[Michaela_Hassan 1]

I would definately get some legal advice before I made any kind of decision.

[Ngoc-Anh 1]

oh wow, this is a really difficult situation. The best advice that I can give you is to find a really relly good lawyer! GOOD LUCK!!!

[zyggy 9]

1) Since the entry was fraudulent.. you would be unable to adjust status at any time.. and any bebefits given due to a fraudulent entry would be revoked once this is known...

2) Her entering the US on a false passport makes her inadmissible to the US for life.... A waiver would be available in such a case...

INA 212 a 6 C

Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

3) Definitely see a lawyer to see what your chances for a waiver would be and to chart a plan of action...

[Mister Ecua 0]

I knew "lawyer" was coming, didn't want to go down this road ($$$), but given the circumstances it seems to be necessary now.

[Yodrak 7]

Mister Ecua,

Incredible - this is perhaps the first time in history that every VJ responder has recommended seeing an attorney. VJ is as anti-attorney as any group you will ever find.

That should tell you something.

Yodrak

I knew "lawyer" was coming, didn't want to go down this road ($$$), but given the circumstances it seems to be necessary now.

[john_and_marlene 162]

Mister Ecua,

Incredible - this is perhaps the first time in history that every VJ responder has recommended seeing an attorney. VJ is as anti-attorney as any group you will ever find.

That should tell you something.

Yodrak

I knew "lawyer" was coming, didn't want to go down this road ($$$), but given the circumstances it seems to be necessary now.

In this case, I would recommend spending his money on language classes over an attorney if he continues to plan a life with this woman. I don't think an attorney is going to make a difference and he should begin plans for a life in Peru.

[loonphang 0]

You need a lawyer.

[maryandatif 0]

Mister Ecua,

Incredible - this is perhaps the first time in history that every VJ responder has recommended seeing an attorney. VJ is as anti-attorney as any group you will ever find.

That should tell you something.

Yodrak

I knew "lawyer" was coming, didn't want to go down this road ($$$), but given the circumstances it seems to be necessary now.

In this case, I would recommend spending his money on language classes over an attorney if he continues to plan a life with this woman. I don't think an attorney is going to make a difference and he should begin plans for a life in Peru.

I would reccomend both.

[tiberonsuave 0]

In one of my consultations in preparing for my wifes case I had a consultation with an attorney who dealt with a similar case. The woman got caught with a fake passport. Untimately, he was able to sucessfully assist her in AOS. After two years the lady from Colombia promptly dumped the guy.

It won't be cheap and it is an uphill battle that can be won. The choice is yours.

t

Background Posts: FIRST and SECOND

Well first, I just want to thank everyone for their help, thi forum is very helpful, the people here quickly respond and best of all, from what I have seen, very friendly (First forum i've seen with no flame wars )

I have hit a lot of road blocks and a lof of you have helped me ram right through them without damage, but I am afraid I have hit the mother of all road blocks as of today and do not think that I can ram this one down or go around it. Although I do not want to, I am just going to lay it all out. I just recently got of the phone with my fiance, talking about the I-485, I-130, etc. pretty much all the forms we need to fill out to adjust her status from her overstayed tourist visa. Now (HERE COMES THE BAD PART) I knew she had another passport and visa with another name for reasons I don't think are too important to state because it's pretty obvious why. But, as of today, I found out she entered the US with this false passport and visa. We discussed this situation before when I met her, but I must have overheard her about the part of here entering the US with the false documents. So it turns out, yes her visa is expired, and yes she has overstayed, but not in "her" name, but the name in the other passport and visa. From here, I do not even know where to begin. I know she has to go and I told her that, but came her for maybe some advice or help, or maybe someone has been down this road (hopefully), I sure would like to hear their story, especially if they are now married and living in the US.

I know little about visa fraud and I am sure that my fiance has comitted just that. From seeing the term pop up a few times here, I know it is something to be feared.

Here's What I Have Been Thinking About As A Solution (From Worst To Greatest Idea):

1. Continue to apply for the AOS (I don't think this is now possible in my situation, even if she was married to me. She now does not have a I-94, which I believe is require to even apply, correct?)

2. Send her home and apply for a K1 Visa (If I did this, then our story on how we met would need to be modified during the interview and that is something I do not want to tinker with)

3. For me to move to Peru and live there happily ever after (this I do not want to do, but seems to be the perfect solution )

Let's see, I have been sobbing for about 4 hours now and my body & heart aches a whole lot now, if anyone can provide any, please

[athena_ny 1]

Peru is a beautiful country.

Background Posts: FIRST and SECOND

Well first, I just want to thank everyone for their help, thi forum is very helpful, the people here quickly respond and best of all, from what I have seen, very friendly (First forum i've seen with no flame wars )

I have hit a lot of road blocks and a lof of you have helped me ram right through them without damage, but I am afraid I have hit the mother of all road blocks as of today and do not think that I can ram this one down or go around it. Although I do not want to, I am just going to lay it all out. I just recently got of the phone with my fiance, talking about the I-485, I-130, etc. pretty much all the forms we need to fill out to adjust her status from her overstayed tourist visa. Now (HERE COMES THE BAD PART) I knew she had another passport and visa with another name for reasons I don't think are too important to state because it's pretty obvious why. But, as of today, I found out she entered the US with this false passport and visa. We discussed this situation before when I met her, but I must have overheard her about the part of here entering the US with the false documents. So it turns out, yes her visa is expired, and yes she has overstayed, but not in "her" name, but the name in the other passport and visa. From here, I do not even know where to begin. I know she has to go and I told her that, but came her for maybe some advice or help, or maybe someone has been down this road (hopefully), I sure would like to hear their story, especially if they are now married and living in the US.

I know little about visa fraud and I am sure that my fiance has comitted just that. From seeing the term pop up a few times here, I know it is something to be feared.

Here's What I Have Been Thinking About As A Solution (From Worst To Greatest Idea):

1. Continue to apply for the AOS (I don't think this is now possible in my situation, even if she was married to me. She now does not have a I-94, which I believe is require to even apply, correct?)

2. Send her home and apply for a K1 Visa (If I did this, then our story on how we met would need to be modified during the interview and that is something I do not want to tinker with)

3. For me to move to Peru and live there happily ever after (this I do not want to do, but seems to be the perfect solution )

Let's see, I have been sobbing for about 4 hours now and my body & heart aches a whole lot now, if anyone can provide any, please

[juliya16 0]

You need a lawyer,

Another solution, she goes home and you can go visit her, then marry her there, then come back and fill out K-3, because it looks like they don't do direct consular filing..

or you send a K-1 for her

[athena_ny 1]

Both K1 and K3 are going to be extremely hard to get, and will most definitely require a waiver.

You need a lawyer,

Another solution, she goes home and you can go visit her, then marry her there, then come back and fill out K-3, because it looks like they don't do direct consular filing..

or you send a K-1 for her