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kmk813

K1 denied 5 years ago but went back for review last february.

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I went through the process 5 years ago with baby daddy. I had sufficient evidence but he was denied cause he is banned for 10 years now. He has been gone almoat 8 years. But the department of state sent my case back for review last February. I read it could go either way. Anyone heard of this happen before. 

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7 minutes ago, kmk813 said:

I went through the process 5 years ago with baby daddy. I had sufficient evidence but he was denied cause he is banned for 10 years now. He has been gone almoat 8 years. But the department of state sent my case back for review last February. I read it could go either way. Anyone heard of this happen before. 

did you file a 601 waiver?

 

have you gotten married, and changed to filing a CR1?

Edited by Khallaf

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2 hours ago, Khallaf said:

did you file a 601 waiver?

 

have you gotten married, and changed to filing a CR1?

Never did git married or filed the waver.  He went off had more kids. I wouldnt mind trting if they approved it. Thats why I am confused it has been in limbo for a year now. We still have communication. I have spent 3 hours on the phone with uscis and department of state. And both not sure why 4 years later they would send it back. He was banned for 10 years. Been gone for almost 8 now. Its a waiting time bomb i guess. 

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4 minutes ago, kmk813 said:

Never did git married or filed the waver.  He went off had more kids. I wouldnt mind trting if they approved it. Thats why I am confused it has been in limbo for a year now. We still have communication. I have spent 3 hours on the phone with uscis and department of state. And both not sure why 4 years later they would send it back. He was banned for 10 years. Been gone for almost 8 now. Its a waiting time bomb i guess. 

if it was denied, you will get a NOID letter in the mail that is why it was sent back to USCIS, but what exactly were your intentions?

 

K1 is to bring someone here and marry them, but clearly that was not an intention if he went off and had more kids, so there is not a relationship there in order to grant a visa anyway.

 

did you just file it so you could get "your baby daddy" into the USA? not going to accuse you but that is clearly visa fraud.

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2 minutes ago, Khallaf said:

if it was denied, you will get a NOID letter in the mail that is why it was sent back to USCIS, but what exactly were your intentions?

 

K1 is to bring someone here and marry them, but clearly that was not an intention if he went off and had more kids, so there is not a relationship there in order to grant a visa anyway.

 

did you just file it so you could get "your baby daddy" into the USA? not going to accuse you but that is clearly visa fraud.

O my intentions was to clearly be with him. Was that his intentions to be a liar cheater and all. We have a baby together when he was here. So there was no other reason to be denied except the 10 year banned. I do not exactly stay where i have my address listed. So the mail was probably never given to me if they did send the denial letter. 5 years ago we did have a relationship for say. He spent the 10 months here. Then he returned and i visited. Did i know he was with another woman when we wemt through the immigration process hell no i didnt. Do i know now he is with another woman. Yes i do. Do i want to be with him again. Maybe i do deep in my heart. He is per say a baby daddy. But fraud not fraud. Unfortanly i am the one that cares for 5 of the 6 kids. So dont assume that it would be fraud. 

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You will have to have met him sometime in the last 2 years to qualify.    Him having other kids doesn't help the relationship look legit.

 

Remember you will have to support him and have enough income on your 1-134 and eventually I-864.

 

Most likely the CO will see him as becoming a public charge.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

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I just came to see if anyone else has heard it. I had suffecient evidence to support his visa if he hadnt been in the states illegal 5 years prior to me filing. When he returned i had it in my heart we were goijg to live happily to together. He had other bsd intentions. We are friends. Do i want my baby daddy here. Yes i do cause it has been hard trying to raise a baby alone for 8 years. Fruad would never be my intentions. Because hopefully i will be excepted to law school next year and become a immigration lawyer. God forgives and so can we. 

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Just now, Paul & Mary said:

You will have to have met him sometime in the last 2 years to qualify.    Him having other kids doesn't help the relationship look legit.

 

Remember you will have to support him and have enough income on your 1-134 and eventually I-864.

 

Most likely the CO will see him as becoming a public charge.

I have enough income to unfortanly never to receive any help ha. And meeting him in last 2 years is no problem. I know exactly where he is. Have i seen him lately no. Its been 5 years. But flying free is not hard to have a renuion if thats all it would take. Thanks for a response. 

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With a K-1 visa, the intent will have to be to enter into a genuine, good faith marriage, within 90 days of him arriving in the US, or else he will have to go back. He can't just arrive on a K-1, not get married, and stay, on the chances he does get a visa and arrives in the US you would HAVE to get married and STAY married for him to be able to stay on a K-1 visa. However, you haven't seen each other in 5 years, and he is still on a 10 year ban for residing in the US illegally for 5 years. Even if his ban was over, with him overstaying by such a long time illegally in the US before, the likelihood of him receiving a visa is slim. Him having gone off to have other kids while you were together and applying for the visa also doesn't help your relationship and intentions (on his side) look very genuine.

Edited by LilyJohansen

Our CR1 Journey So Far:
 

USCIS Stage:

  • Feb 8 2019: Sent package
  • Feb 14 2019: Delivered
  • Feb 21 2019: NOA1 (PD Feb 14, 2019)
  • Assigned to Nebraska Service Center (yay... 🙄)
  • Waiting for: NOA2

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OP, have you talked to this man about his future plans?  Does he want to leave his current girlfriend/wife in Honduras and be with you in the US?  He would have to leave his kids there behind?  What does he want?  If you want to file another K-1 petition for him, he will need to submit a letter of intent to marry you, and in addition to visiting Honduras or some other country outside the US to meet him within two years of filing the I-129 petition on his behalf, you will also need to file a waiver in order to overcome his 10-year ban.  Or you can wait two more years and file the I-129 then, after his 10-year ban has been served.  This relationship, in order to work, and to get a visa application approved, will need to be mutual.

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17 hours ago, carmel34 said:

OP, have you talked to this man about his future plans?  Does he want to leave his current girlfriend/wife in Honduras and be with you in the US?  He would have to leave his kids there behind?  What does he want?  If you want to file another K-1 petition for him, he will need to submit a letter of intent to marry you, and in addition to visiting Honduras or some other country outside the US to meet him within two years of filing the I-129 petition on his behalf, you will also need to file a waiver in order to overcome his 10-year ban.  Or you can wait two more years and file the I-129 then, after his 10-year ban has been served.  This relationship, in order to work, and to get a visa application approved, will need to be mutual.

All very good advice.  This also does not look like the kind of waiver case that's going to get approved with no meeting in the last 5 years and kids from another partner.  I wouldn't even think about trying this until after the 10 year ban.  Even then, a K-1 might be a risky route...a CR-1 might be the only possibility here after getting married.


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May 18, 2016: Chicago Lockbox received package.

May 20, 2016: NOA1 Notice Date with priority date of May 18. Sent to Nebraska Service Center

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Oct 21, 2016: NOA2 Notice by App

Nov 2, 2016: USCIS sent to NVC

 

NVC

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If he is now married he would need to get divorced first.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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On 2/22/2019 at 8:50 PM, carmel34 said:

OP, have you talked to this man about his future plans?  Does he want to leave his current girlfriend/wife in Honduras and be with you in the US?  He would have to leave his kids there behind?  What does he want?  If you want to file another K-1 petition for him, he will need to submit a letter of intent to marry you, and in addition to visiting Honduras or some other country outside the US to meet him within two years of filing the I-129 petition on his behalf, you will also need to file a waiver in order to overcome his 10-year ban.  Or you can wait two more years and file the I-129 then, after his 10-year ban has been served.  This relationship, in order to work, and to get a visa application approved, will need to be mutual.

Being in a 3rd world country there is not much of a future. Does he want to be here. Absolutely.  Was it a genuine relationship. On my part yes. Am I saying he is a good man. No he wasnt. But things can change. I have just never seen a case go back for review after 5 years. 

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47 minutes ago, kmk813 said:

Being in a 3rd world country there is not much of a future. Does he want to be here. Absolutely.  Was it a genuine relationship. On my part yes. Am I saying he is a good man. No he wasnt. But things can change. I have just never seen a case go back for review after 5 years. 

Do you want to be legally financially responsible for him for 10 years?  All of his bills?  Think this through very carefully.


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

January 22, 2019 -  NOA-2 

February 7, 2019 -  NVC Received

March 14, 2019 -  NVC Case Number Assigned

March 15, 2019 -  Paid AOS 

March 15, 2019 -  Paid IV Fee 

March 16, 2019 -  Expedite Request Accepted

March 28, 2019 -  IV Paperwork Submitted

May 1, 2019 -  First "Documentarily Qualified" email (Wife)

May 22, 2019 -  Second "Documentarily Qualified" email (Step-Son)

May 23, 2019 -  Third "Documentarily Qualified" email (Step-Daughter) 

May 24, 2019 -  Petitions "In Transit"

May 25, 2019 -  Petitions "Ready"

June 2, 2019 -  Packet 3 received

June 25, 2019 -  Interviews

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

IMG_6043.jpeg.f00e0714733e6533148a7bb56d286460.jpeg

 

 

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