About to start the process to bring biological mother but concerned about possible red flags.

[Hccaldwe 12]

We are in the process of getting the I-130 filled out and the documents acquired when we noticed there are possible red flags. 

 

First as I believe you only need the Birth Certificate of Petitioner and Birth Certificate of Beneficiary so we have my wife's and her mother's documents, but we realized that her mother's name is spelled wrong. One of her last names is missing a letter. We don't know when that happened. We have to wait until March to get back there just to fix it. How much of an issue is that really? 

 

Second, apparently my Mother-in-law over-stayed a visa 20 years ago. Is there a form to submit along with the I-130 about that or do you just admit it when they ask last time you visited the US? 

 

Lastly the father-in-law is concerned about the USCIS doing any research on him for some reason. I believe its an issue with multiple marriages or something. (This is why the daughter is applying for her mother and not him. He is a US Citizen.) So they want to fill out the form and just leave him off it completely. The docs we have show she isn't married, but the issue we have is the overstay. They reason for the overstay was she was visiting her husband. There is no official divorce papers which they wouldn't want to send anyways.

 

So how much of predicament are we in?

[Crazy Cat 39,559]

****Moved from CR-1/IR-1 forum to Bring Family Members....to America Forum Area****

[Crazy Cat 39,559]

11 minutes ago, Hccaldwe said:

So they want to fill out the form and just leave him off it completely.

Can't be done without misrepresentation.  That would be an unwise choice.   This sounds like they plan to lie to immigration.  That is not condoned or tolerated here.  That would be a violation of the terms of service for Visa Journey. 

Edited February 13, 2023 by Crazy Cat

[Rocio0010 5,572]

15 minutes ago, Hccaldwe said:

The docs we have show she isn't married, but the issue we have is the overstay. They reason for the overstay was she was visiting her husband. There is no official divorce papers which they wouldn't want to send anyways.

If there is not a divorce, then they’re still married and she should never lie about this. That’s a misrepresentation and it may have serious consequences

[SteveInBostonI130 3,328]

The I-130 and subsequently the DS-260 has to be filled out completely and honestly.  Nothing can be omitted.

[Lil bear 3,842]

51 minutes ago, Hccaldwe said:

We are in the process of getting the I-130 filled out and the documents acquired when we noticed there are possible red flags. 

 

First as I believe you only need the Birth Certificate of Petitioner and Birth Certificate of Beneficiary so we have my wife's and her mother's documents, but we realized that her mother's name is spelled wrong. One of her last names is missing a letter. We don't know when that happened. We have to wait until March to get back there just to fix it. How much of an issue is that really? 

 

Second, apparently my Mother-in-law over-stayed a visa 20 years ago. Is there a form to submit along with the I-130 about that or do you just admit it when they ask last time you visited the US? 

 

Lastly the father-in-law is concerned about the USCIS doing any research on him for some reason. I believe its an issue with multiple marriages or something. (This is why the daughter is applying for her mother and not him. He is a US Citizen.) So they want to fill out the form and just leave him off it completely. The docs we have show she isn't married, but the issue we have is the overstay. They reason for the overstay was she was visiting her husband. There is no official divorce papers which they wouldn't want to send anyways.

 

So how much of predicament are we in?

A huge amount if you do not answer completely truthfully 

[Hccaldwe 12]

1 hour ago, Crazy Cat said:

Can't be done without misrepresentation.  That would be an unwise choice.   This sounds like they plan to lie to immigration.  That is not condoned or tolerated here.  That would be a violation of the terms of service for Visa Journey. 

Trust me. That was the first thing I said. If they ask you have to tell the truth. They were hoping that since the petition is between daughter and mother that his part is less important. 

[Rocio0010 5,572]

1 minute ago, Hccaldwe said:

Trust me. That was the first thing I said. If they ask you have to tell the truth. They were hoping that since the petition is between daughter and mother that his part is less important. 

Why is dad so secretive about it?

[Hccaldwe 12]

1 hour ago, Rocio0010 said:

If there is not a divorce, then they’re still married and she should never lie about this. That’s a misrepresentation and it may have serious consequences

To be honest I don't know what the current state of the marriage is to be honest and I think that is the problem since the documents conflict.

[Hccaldwe 12]

2 minutes ago, Rocio0010 said:

Why is dad so secretive about it?

Most likely something wasn't done in good faith and it could either mess something up for him (which I don't think matters since he is and has been a citizen for like decades) or maybe it could ruin it for the rest of the family. No idea. He did the same when I brought his daughter over as my wife but he was just a name on a paper as everything focused on our marriage. 

[Rocio0010 5,572]

26 minutes ago, Hccaldwe said:

since the documents conflict.

This needs to be straightened up before applying for MIL imho. 

 

22 minutes ago, Hccaldwe said:

him (which I don't think matters since he is and has been a citizen for like decades

If he misrepresented himself and got naturalized, he could be denaturalized and deported. Whether USCIS wants to pursue it that’s a whole other story. 
But suggesting MIL to omit information that’s relevant to her will hurt her in the short and long run. 
Looks like a conversation needs to be had with husband

[Hccaldwe 12]

1 hour ago, SteveInBostonI130 said:

The I-130 and subsequently the DS-260 has to be filled out completely and honestly.  Nothing can be omitted.

DS-260. Completely forgot about that one. I kept thinking that was the I-485 for some reason. 

[Hccaldwe 12]

2 minutes ago, Rocio0010 said:

This needs to be straightened up before applying for MIL imho. 

 

If he misrepresented himself and got naturalized, he could be denaturalized and deported. Whether USCIS wants to pursue it that’s a whole other story. 
But suggesting MIL to omit information that’s relevant to her will hurt her in the short and long run. 
Looks like a conversation needs to be had with husband

For the wrong name we figured it out. She went back through all the other docs and it only her reprint that has the wrong name. Someone just mistyped it and we never actually verified. The official docs down to the handwritten stuff is all accurate. We did plan on fixing that first. 

 

That is probably why he wants nothing to do with it. He was a name on a paper for my wife's visa but now with the overstay he won't be. I have told them anything could happen as long as they tell the truth. They could check it and say they don't care or they could think its weird that the husband of the beneficiary that has been a citizen for decades isn't filing for her. 

[Rocio0010 5,572]

2 minutes ago, Hccaldwe said:

For the wrong name we figured it out. She went back through all the other docs and it only her reprint that has the wrong name. Someone just mistyped it and we never actually verified. The official docs down to the handwritten stuff is all accurate. We did plan on fixing that first. 

Yeah I wasn’t talking about the typo.

[Hccaldwe 12]

2 minutes ago, Rocio0010 said:

Yeah I wasn’t talking about the typo.

Ah, yeah in the grand scheme of things the typo is the least of the worries. We aren't filing for months. I just found out about all this yesterday and thought I should get some responses from here in case I am missing something. Seems I wasn't and they are definitely in a predicament.