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DesperateWife

False claim to U.S. citizenship help

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My wife was denied her resident visa in Lima, Peru under False Claim to U.S. citizenship. They are aledging she filed a u.s. passport application, and we are pretty much in the dark. We are trying to obtain evidence, but we haven't been successful because the embassy abroad has a non-disclosurable policy. Anyone with a similar situation? Any success stories? Any advice please? and finally any immigration attorney recommendations. Only positive comments please. No judgement we are going through enough. I am looking for help only. Appreciate any help. Thank you

Edited by DesperateWife
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Filed: K-1 Visa Country: Wales
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No judgement on here.

 

Also no waiver for a false claim to US Citizenship. Realistically this closes the US Immigration option.

“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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4 minutes ago, little immigrant said:

Can you actually prove that she didn't apply for a US passport? 

Not sure how to prove it if we haven't received any evidence from embassy or anything. We are pretty much in the dark. We are working with an attorney who requested her passport FOIA to see what shows up, but its been 4 months and still no reply. 

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Filed: K-1 Visa Country: Wales
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You will not receive anything else from the Consulate, begs the question what you were told by your Lawyer, certainly your first post implied that this was something recent.

“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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Filed: Other Country: Saudi Arabia
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28 minutes ago, DesperateWife said:

My wife was denied her resident visa in Lima, Peru under False Claim to U.S. citizenship. They are aledging she filed a u.s. passport application, and we are pretty much in the dark. We are trying to obtain evidence, but we haven't been successful because the embassy abroad has a non-disclosurable policy. Anyone with a similar situation? Any success stories? Any advice please? and finally any immigration attorney recommendations. Only positive comments please. No judgement we are going through enough. I am looking for help only. Appreciate any help. Thank you

Did she?  Apply?  Ever?

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FOIA maybe? See if anything pops up at least.

 

Edit: Generally, identity proofing is required for an initial passport application. This is done by an agent that verifies your ID at the time of accepting the application. Plus there's obviously the documentation of being a USC required. It is quite difficult for somebody to successfully submit a passport application for somebody else (barring a parent, but that would not be held against the minor).

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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Filed: K-1 Visa Country: Wales
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Need to know the name used.

“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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