Joseph789

Hello everyone, i have doubt in mind what its gonna show up on FBI clearance if one of my friend get caught of entering US on shame marriage? However, she did not attend her AOS interview. She signed to withdraw her application and did not went to jail or require to see the judge. She probably over stayed her K1 visa but she left US 3 years ago without even asking a question by immigration at the airport. Thank you

17 hours ago, Roel said:

But again - why he even wants the spouse visa if he doesn't intent to live in the USA......

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On 24/08/2017 at 7:28 AM, Starkilla09 said:

Immigration overstay and immigration fraud are completely 2 different things. People enter the U.S. all the time and violate conditions of their entry visas, however; that doesn't make them criminals. Immigration violations are civil offenses and not criminal ones that's why immigration holding areas are called "detention" and not jail. With that being said immigration violations don't appear on criminal background check records. It can only appear if the person was actually convicted or arrested for running an immigration scam network by the police. Now USCIS and State Department Bureau of Consular Affairs have access to a database with records of immigration history and violations and can share that information with possible allies such as Canada or themselves when someone seeks an immigration benefit such as a visa. Your the K1 overstayer friend probably has a 3 to 10 year bar from entering the U.S. depending on how long he overstayed.

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He is overstayed about 3 years. I feel so wired that ICE stops him from appearing on the interview date and his interview was canceled. Let me just briefly write what I know from him. 

- The petitioner signed to withdraw i129f as the request by ICE after interview date canceled.

- My friend signed to withdraw it too.

- He did not go for an interview as told my ICE. 

- He has no removal proceeding notice.

- He didn't go to the court and there is no request for him to see the court.

- He went to a law firm and the lawyer asked his ID and SSN to pull out sth but nothing found in the record.

- The lawyer told him he won't be able to stay in the USA anymore and if he leaves USA, he won't be able to come back. Probably he has to serve certain time ban from entering USA.

- My friend filed for divorced and divorced paper issued last year.

- My friend went to Australia for work. He is holding official passport.  

- He is doing Master of information technology system for 2 years while working. 

- He found a nice girlfriend who respected him and understand the situation he been through in the USA. They will get engaged at the end of this year and planning to get married next year. 

- There is no reason for him to go back to usa after all.

What will it show in the police clearance? 

Is there any other way he can check it online for that record? 

What might be the problem when they files for spouse visa while he is onshore in australia?

22 hours ago, caliliving said:

Um ok did u even read or understand the OP question????? Obviously not ad the op is not living here anymore!! Wow some ppl r so quick to judge:/

 

Did your friend overstay? I doubt an overstay in the USA would effect a spousal visa in Australia. And tjis isn't fraud....i think u r confusing 2 different things here! He may have a 3/10 year ban but u need to find out how long he was in the USA before he left. 

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I think he is overstay for 3 years. 

Actually, he has a true intend to stay with the lady but that lady is really crazy took some of his money and go back to her ex. her intend is to kick him out to where he was and stay with her ex again. he doesn't want to go back to usa at all. He is now staying and working in australia and he found his nice girlfriend. they plan to get married next year and start for spouse visa application. 

Will that be the case even if he withdrawn his application to adjust status? 

he has his valid driver license and passport to travel around usa at that time. he is not in the US anymore. He is working for consulate abroad on a diplomatic visa. He has his girlfriend overthere and planning to get married next year. He is worring about his stayed in usa that might or might not effect on his visa application after married in australia, espcially would it appear on a police clearence while were in usa. thank you

Hello, could you please advise me whether or not it will show on police clearence if someone who have convicted immigration fraud. One of my friend enter usa on a k1 visa back in couple years ago but his girlfriend went back to stay with her ex. she had withdraw i129f petition and ICE asked my friend to do the same and he did. he had no removal preceeding notice or deported but i believe he is over stayed in the usa. he is a nice guy and had never have DUI or other criminal at all. Please advise. Thank you

Hello Vj, I have had an interview on my fb-4 case (Sibling) at the u.s embassy in Cambodia. Everything were fine but US Consular ask me to do DNA test. I'm a full sibling (Born from the same parent) with my brother but my brother file for half sibling (Born from the same mother but different father). I'm sure DNA result will be full sibling which is not match with the document that my brother had filed. will they reject my visa?

Your advise will be appreciate.....

Thank for help..