Jump to content
sly020175

Several red flags, but how to get past them?

8 posts in this topic

Recommended Posts

I am looking to start the K1 visa process and am wondering if I am being paranoid or if there is going to be problems for us.  First off, I am in Michigan and she is from the Philippines.  We have been together for over 5 years and everything is great.  I have gone to see her 3-4 times per year over the last 5 years.  I have plenty of supporting evidence for all of this.  The point is that this is a very real relationship and we are ready to take the next step.  Here are the things that scare me:

1) When she was younger she did marry a Korean guy that she hardly knew. She had grand dreams of it being like an arranged marriage and she would live happily ever after. In reality, once she went to Korea she was treated like a slave on their farm and was not even allowed to live with her husband. She eventually ran away and worked at a bar in Korea until her 1 year visa expired.  She did not overstay her visa even though she could have easily done so.  She has also been to China and back to Korea and in both cases did not overstay her visa.  So she has a history to show that her intent is not to just get into the country.

2) She does have a previously denied visitors visa to the US. She was planning to go meet her relatives in California for a family celebration. On the surface this does not seem like a big deal, but we were together at that time and I am afraid it could look like we were trying to cheat the system.

3) We do have a 16 year age gap (45 vs 29).  This is not a big deal to me, but I have read that this can be considered a red flag.

4) She is from the Philippines which is considered a high fraud country

 

Has anyone had any experience with one or all of these similar situations?  If so, did you try to front load documents to address these issues?  I really want to get through this with no issues, but when I put my self in the shoes of a Consulate I could see how these things could add doubt.  Thanks in advance for the help.

Share this post


Link to post
Share on other sites

The age gap you mentioned appears common with Philippines applicants. It sounds like you have a LOT of face to face time which is great. You shouldn’t have any problems with what you mentioned- as long as you guys tell the truth throughout the whole process. My (now) husband had a tourist visa denial while we were together and he was never questioned about it. As long as you guys can submit her divorce decree with the first husband you really don’t appear to have red flags for the Philippines.


Our K1 Journey

I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Packet 4 Received : never received ..does it even exist?

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

Share this post


Link to post
Share on other sites

I see nothing abnormal.


“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.”

Share this post


Link to post
Share on other sites
Posted (edited)
27 minutes ago, sly020175 said:

I am looking to start the K1 visa process and am wondering if I am being paranoid or if there is going to be problems for us.  First off, I am in Michigan and she is from the Philippines.  We have been together for over 5 years and everything is great.  I have gone to see her 3-4 times per year over the last 5 years.  I have plenty of supporting evidence for all of this.  The point is that this is a very real relationship and we are ready to take the next step.  Here are the things that scare me:

1) When she was younger she did marry a Korean guy that she hardly knew. She had grand dreams of it being like an arranged marriage and she would live happily ever after. In reality, once she went to Korea she was treated like a slave on their farm and was not even allowed to live with her husband. She eventually ran away and worked at a bar in Korea until her 1 year visa expired.  She did not overstay her visa even though she could have easily done so.  She has also been to China and back to Korea and in both cases did not overstay her visa.  So she has a history to show that her intent is not to just get into the country.

2) She does have a previously denied visitors visa to the US. She was planning to go meet her relatives in California for a family celebration. On the surface this does not seem like a big deal, but we were together at that time and I am afraid it could look like we were trying to cheat the system.

3) We do have a 16 year age gap (45 vs 29).  This is not a big deal to me, but I have read that this can be considered a red flag.

4) She is from the Philippines which is considered a high fraud country

 

Has anyone had any experience with one or all of these similar situations?  If so, did you try to front load documents to address these issues?  I really want to get through this with no issues, but when I put my self in the shoes of a Consulate I could see how these things could add doubt.  Thanks in advance for the help.

Don't really see a problem here.

 

You're together for 5 years what's good proof of a genuine relationship (assuming you spend A LOT of face to face time)

People get married and divorced in life, it happens. USCIS doesn't care, they care that you provide the right documents.

Denied tourist visa won't effect K1 unless it was denied cause she got caught in a lie.

 

Good luck with your journey!

Edited by C90

Share this post


Link to post
Share on other sites
3 hours ago, sly020175 said:

1) When she was younger she did marry a Korean guy that she hardly knew.  [...]

2) She does have a previously denied visitors visa to the US.  [...]

3) We do have a 16 year age gap (45 vs 29).  [...]

4) She is from the Philippines which is considered a high fraud country  [...]

 

1)  Make sure you have her divorce record from South(?) Korea before you start any petition.  As Jorgedig mentioned, there is no way she can get a divorce in the Philippines.

 

2)  Not an issue for K1, unless she was denied a visa for lying.  In any case, she will need to disclose the denied visa application in her DS-160 form, which she will have to fill out after petition approval.

 

3)  Not an issue in the Philippines, as long as you're in a genuine relationship.  If you mention this age gap in the VJ Philippines forum, I bet you'll get a reaction like "Meh." :D

 

4)  Don't worry about this.  The US embassy in Manila is considered one of the easiest for K1.

 

Visit the regional sub-forum if you have questions specific to the visa application process via USEM --

https://www.visajourney.com/forums/forum/129-philippines/

 

Good luck to you and your fiancee!

 

Share this post


Link to post
Share on other sites

In addition to the other answers, note that she needs a police certificate from any countries where she resided for more than 6 months. I'm assuming that won't be a problem?

Nothing in your post looks problematic. You've had way more face to face time than many on this forum (and numerous trips), and the age difference isn't massive compared to some. The denial of a tourist visa isn't an issue unless it was denied for lying/misrepresentation, or other serious issues. Assuming it was denied for lack of ties to home or risk of immigrant intent, those aren't an issue for the k1.


--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

Share this post


Link to post
Share on other sites
On 3/11/2019 at 8:24 PM, Boiler said:

I see nothing abnormal.

None of this is a red flag for the Philippines as long as she is divorced and eligible to marry.....


Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×