K-1 Visa

[Lovely angel 0]

Hi guy. I am Indonesian citizens n my fiancé is an American citizen. We applied petition on May 2017 n got NOA2 on October 2017. Jakarta embassy emailed me on November 2017. My problem is about my divorce certificate was fake. That divorce certificate I got from my ex husband on March 2016. N when I know that I need custody for my Kids (K2 visa) so I went to the court to get my custody. But how shocked I was that time the officer told me the divorce certificate was fake !!!!. N they asked me to apply the divorce again to get the custody. Then I got it. 
My question is.. how to tell to Embassy for what happened to me? Should I give the embassy my fake divorce certificate or the original one but it mean we have different paper with the petition we sent before. 😔 please give me enlighten. 

[Boiler 43,396]

Well you have to pull this petition as you were not free to marry.

 

File again when you are divorced.

 

Probably expect a fair bit of scrutiny next time.

[Lovely angel 0]

4 minutes ago, Boiler said:

Well you have to pull this petition as you were not free to marry.

 

File again when you are divorced.

 

Probably expect a fair bit of scrutiny next time.

I got my original divorce on Augustus 2017. So it seems like I didn't free to marry ?? It not my fault cos I really didn't know that it was fake. It sent n USCIS & NVC approved it. So do  u think Embassy will reject our visa application ? 😔 

[N-o-l-a 7,167]

Is your August 2017 divorce certificate real?  Is that the date of your divorce?  If so, file a new I-129F and withdraw the old one through the embassy.  You needed to be divorced when you filed the I-129F.  You will also need to explain the situation via a letter attached to the new petition.

Edited December 1, 2017 by N-o-l-a

[Lovely angel 0]

4 minutes ago, N-o-l-a said:

Is your August 2017 divorce certificate real?  Is that the date of your divorce?  If so, file a new I-129F and withdraw the old one through the embassy.  You needed to be divorced when you filed the I-129F.

Yes august 2017 is the real 1. Any another way else than should withdraw the old one?  Cos i wonder how Uscis n NVC not gave us any RFE for this. It went smooth until I know that it was fake. 

Will Embassy give me another choise but don't reject our visa application? It really hurt me so much. 😭

[Illiria 980]

Yes your visa will be denied as the petition it was based upon shouldn’t have been approved in the first place as you were not free to marry when you submitted it.

 

Why didn’t you or your lawyer check that the divorce was being submitted correctly? Did your lawyer trust your ex that much?

 

Ah well water under the bridge, you will have extra scrutiny especially if you have already submitted the fake divorce certificate to them as you are responsible for the validity of all documents you submit and for all information you include in forms to them.

 

USCIS doesn’t have local expertise to know what a fake one is for your country but the embassy does.  You had better tell them as soon as you know and hope they don’t give you a lifetime ban for material misrepresentation. Can you get a letter from your ex swearing that he got the fake divorce certificate and that he never told you? 

Edited December 1, 2017 by Illiria
Clarification

[Lovely angel 0]

11 minutes ago, Illiria said:

Yes your visa will be denied as the petition it was based upon shouldn’t have been approved in the first place as you were not free to marry when you submitted it.

 

Why didn’t you or your lawyer check that the divorce was being submitted correctly? Did you trust your ex that much?

 

Ah well water under the bridge, you will have extra scrutiny especially if you have already submitted the fake divorce certificate to them as you are responsible for the validity of all documents you submit and for all information you include in forms to them.

 

uscis isn’t for vetting your documents for you they don’t have local expertise to know what a fake one is lie for your country but the embassy does. You need to make sure what you submit isn’t fake. You had better tell them as soon as you know and hope they don’t give you a lifetime ban for material misrepresentation. Can you get a letter from your ex swearing that he got the fake divorce certificate and that he never told you? 

Yea I know it my fault I didn't check it before submit the petition. But it not mean I trust my x so much. It cos he wanted separated asap. 😔

If I got a letter from my ex will Embassy excuse my petition ?? 

Or if I bring original 1 will they know it different divorce certificate I submitted before?

[N-o-l-a 7,167]

3 minutes ago, Dara Ahmad said:

Yea I know it my fault I didn't check it before submit the petition. But it not mean I trust my x so much. It cos he wanted separated asap. 😔

If I got a letter from my ex will Embassy excuse my petition ?? 

Or if I bring original 1 will they know it different divorce certificate I submitted before?

 

You might wish to consult with a lawyer for proper wording of a withdrawal letter, but I would send them something along the lines of:  I am withdrawing this petition as at the time of filing the I-129F we were not free to marry.  I was mistakenly given a divorce decree with the wrong date and unbeknownst to me, it was not valid.

 

The best thing you can do is withdraw now that you know.  It protects your integrity.

[Illiria 980]

No the letter from the ex won’t save the petition as you were never eligible for it, but it might and I say might save you from material missrepresentstion when you send in the letter asking to withdraw the petition stating why as N-o-l-a advises above.

 

Yes they will notice you are now submitting a new divorce certificate as it will have different dates on it. 

[Lovely angel 0]

4 minutes ago, N-o-l-a said:

 

You might wish to consult with a lawyer for proper wording of a withdrawal letter, but I would send them something along the lines of:  I am withdrawing this petition as at the time of filing the I-129F we were not free to marry.  I was mistakenly given a divorce decree with the wrong date and unbeknownst to me, it was not valid.

 

The best thing you can do is withdraw now that you know.  It protects your integrity.

Pls tell me clearly. Where I should withdraw the petition? To the embassy ? 

N after it withdrawn then i should submits new one right? 

 

[Illiria 980]

2 minutes ago, Dara Ahmad said:

Pls tell me clearly. Where I should withdraw the petition? To the embassy ? 

N after it withdrawn then i should submits new one right? 

 

Have your fiancé submit letters with all of your reference numbers (like petition number) and your information to both USCIS and the embassy. 

 

Then he can choose to submit a new petition should he wish.

 

You have told him about this right? Sorry to ask but we have seen a few times the beneficiary tries to fix something but doesn’t want to tell the petitioner

Edited December 2, 2017 by Illiria

[Lovely angel 0]

3 minutes ago, Illiria said:

Have your fiancé submit letters with all of your reference numbers (like petition number) and your information to both USCIS and the embassy. 

 

Then he can choose to submit a new petition should he wish.

 

You have told him about this right? Sorry to ask but we have seen a few times the beneficiary tries to fix something but doesn’t want to tell the petitioner

Just to uscis I think.

I haven't told him yet illiria 😔 Yes u are right. I tries to fix something alone. I really have no idea to tell him. Cos he is emotionally person. N this month he will visit me again. I was planning to tell him face to face. Before I do my medical exam. It will hurt him so much I know. 

[N-o-l-a 7,167]

13 minutes ago, Dara Ahmad said:

Just to uscis I think.

I haven't told him yet illiria 😔 Yes u are right. I tries to fix something alone. I really have no idea to tell him. Cos he is emotionally person. N this month he will visit me again. I was planning to tell him face to face. Before I do my medical exam. It will hurt him so much I know. 

 

If you submit the letter to the embassy, they'll send the I-129F back to USCIS and it will be cancelled, but you should also submit a letter to USCIS.

 

Don't do the medical, it won't be valid for the new petition dates.

 

You need to let him know now if you value your relationship.

[Lovely angel 0]

3 minutes ago, N-o-l-a said:

 

If you submit the letter to the embassy, they'll send the I-129F back to USCIS and it will be cancelled, but you should also submit a letter to USCIS.

 

Don't do the medical, it won't be valid for the new petition dates.

 

You need to let him know now if you value your relationship.

However we should withdraw the petition right?? N after that we can submit new one k-1 visa or CR-1 visa without any problem in the future ? 

[Lovely angel 0]

To all thank u soo much for all answers. I got what I have to do then. It sound hurt me so much really. But u all are right nothing we can do but withdrew the petition. I am sorry if I was little bit stubborn about this. Cos I still wish the embassy will approve my visa n k2 😔