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Will I be denied

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Divinepath   13

Posted
Filed: FB-1 Visa Country: Ghana
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Posted

please my father filed a petition for me under FB1 ( unmarried son or daughter of a US Citizen above 21) I have a child now but I am not married. It’s time for my interview. Will I be denied a visa because I have a child? And if I am not denied can I migrate to the US with my child?

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designguy
designguy

Interesting.. seems like that could be gamed.   OP should clarify as his post on July 17th stated he got married so it would have been a pretty quick divorce if by Aug 17th he was no longer

geowrian
geowrian

You claimed to be married. Now you claim to not be married, but no divorce/annulment/death/etc. occurred. This is going to be a very tough explanation. A marriage can be recognized as legal in so

JFH
JFH

I see problems ahead. 

JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Where is the child’s father? Does he give consent for the child to be permanently removed from your country? 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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designguy Proficient

designguy   1,179

Posted
Filed: EB-3 Visa Country: Germany
 Timeline
Posted (edited)

You previously posted that you got married. So are you married or not???? If you got married you no longer qualify for F1 you will have to apply for an F3

Edited by designguy
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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

Having a child does not make you married. The F1 category is about being an unmarried son or daughter of a USC.

 

Now if the child will be permitted to immigrate or not depends on the country's laws and the father's cooperation.

 

2 minutes ago, designguy said:

You previously posted that you got married. So are you married or not???? If you got married you no longer qualify for F1 you will have to apply for an F3

True, unless they divorced/annulled/etc. They would go back to F1.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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designguy Proficient

designguy   1,179

Posted
Filed: EB-3 Visa Country: Germany
 Timeline
Posted
2 minutes ago, geowrian said:

True, unless they divorced/annulled/etc. They would go back to F1.

If someone applies and they are unmarried and then marry and prior to the interview they divorce are they still considered unmarried?

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
5 minutes ago, designguy said:

If someone applies and they are unmarried and then marry and prior to the interview they divorce are they still considered unmarried?

Yes

 

Edit: While not an issue in this case, I will just point out that if the petitioner was a green card holder (F2A or F2B category), then being married even for a day immediately invalidates the petition as there is no category for a married child/son/daughter of an LPR. Divorcing in that case would not bring the petition back to F2A/F2B.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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designguy Proficient

designguy   1,179

Posted
Filed: EB-3 Visa Country: Germany
 Timeline
Posted
Just now, geowrian said:

Yes

Interesting.. seems like that could be gamed.

 

OP should clarify as his post on July 17th stated he got married so it would have been a pretty quick divorce if by Aug 17th he was no longer married!

 

 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
2 minutes ago, designguy said:

Interesting.. seems like that could be gamed.

 

OP should clarify as his post on July 17th stated he got married so it would have been a pretty quick divorce if by Aug 17th he was no longer married!

It kinda can, yes. Although presumably many couples don't want to get divorced, become physically separated, remarry, then start over with petitioning (like 2+ years).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Loren Y Proficient

Loren Y   2,732

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted
2 minutes ago, designguy said:

Interesting.. seems like that could be gamed.

 

OP should clarify as his post on July 17th stated he got married so it would have been a pretty quick divorce if by Aug 17th he was no longer married!

 

 

Brittney Spears got married and divorced in 24 hours. LOL,  actually I think it was annulled, but a one day marriage is possible.

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted
30 minutes ago, Loren Y said:

Brittney Spears got married and divorced in 24 hours. LOL,  actually I think it was annulled, but a one day marriage is possible.

I’m sure many more have considered it too...

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)
47 minutes ago, designguy said:

You previously posted that you got married. So are you married or not???? If you got married you no longer qualify for F1 you will have to apply for an F3

Edited...the father is a USC but here’s the post for reference where it was claimed that the OP is now married 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Divinepath Enthusiast

Divinepath   13

Posted
Filed: FB-1 Visa Country: Ghana
 Timeline
  • Author
Posted
4 hours ago, designguy said:

You previously posted that you got married. So are you married or not???? If you got married you no longer qualify for F1 you will have to apply for an F3

Yes. It was not a legal marriage. We did not sign in court because of my pending petition.

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Divinepath Enthusiast

Divinepath   13

Posted
Filed: FB-1 Visa Country: Ghana
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  • Author
Posted
Just now, Lee1303 said:

marriage

 

3 hours ago, designguy said:

Interesting.. seems like that could be gamed.

 

OP should clarify as his post on July 17th stated he got married so it would have been a pretty quick divorce if by Aug 17th he was no longer married!

 

 

Yes. It was not a legal marriage. We did not sign in court because of my pending petition.


 

 
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Just Paul Veteran

Just Paul   4,591

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)
7 minutes ago, Lee1303 said:

Yes. It was not a legal marriage.

A religious marriage?

https://www.nolo.com/legal-encyclopedia/when-religious-traditional-marriage-ceremonies-are-valid-immigration-purposes.html

 

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Ghana.html

Edited by Paul & Mary

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

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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