Illiria

Technically - Yes. America can refuse a visa if they feel he is habitual drunkard. That’s one of the questions on the adjustment of status application that comes later. Now at his interview they may allow him to present evidence he isn’t or they may just reject or they may allow him to just be rejected for a year to prove he isn’t and for those in the past with drug consumption they want to see that he complete testing in that year to show that he isn’t using. This will all hinge upon the embassy and what steps he has taken post conviction - did he complete any kind of rehabilitation, does he still drink, has he any other convictions, etc. 

According to Google - nope but that doesn’t mean people don’t do it. 
 

‘The commercial importation of secondhand clothing to the Philippines has been prohibited since 1966 under the Republic Act No. 4653, also known as the "Act to safeguard the health of the Filipino people and maintain the dignity of the nation through the prohibition of the importation of used clothing and rags". It renders a significant part of the ukay-ukay business illegal. There have been many calls to review and amend the law legalizing the sale of imported used clothing by ukay-ukay stores.’

Just now, demarvell said:

That is a great idea and we will do that right now. Can't believe I didn't think of that.

Sometimes it’s hard to see all the possibilities when you are part of a situation - that’s what this site is great for.

You may also want to look into getting married online and filing after you visit her. One of the US states does it - here is someone it worked for but the Philippine angle might add in a complication or two thought probably just with her CFO getting them to u set stand how she has a Utah marriage cert without leaving the country - 

The thing with the Utah zoom marriage is you have to meet up in person after the zoom marriage but before filing the I-130

1 minute ago, demarvell said:

She was never married, as he abandoned her as soon as she got pregnant and fled the country. Typical Pinoy. And yes I think a DNA test would be a great idea

 

I would recommend getting one that is valid in court straight away (one that maintains the chain of custody not brought in a store and done at home) - that way if the court requires it then you can just present the report. Not sure how easy to set up in the Philippines this is as we did ours in the US, Our little one is ivf and we did this for peace of mind

Immigration could still require you to have one redone through them as they won’t trust one you have done even if it is court quality chain of custody. 

47 minutes ago, demarvell said:

Greetings good people,

 

As my Filipina fiancé and I are filling out paperwork for the K-1 visa, the one section asks if she has a child, which she does. BUT, the BC has her parents names on the BC, (they thought my fiancé was going to die) and will take a year to straighten out through through the VERY slow courts system in the Philippines. The question is; Do we still put it down as her having a child? Or wait until the BC is corrected to file separately. and not mention her at all on the K-1 visa. And if we do not mention her as having a child, will that cause a problem on later getting her here?

We have thought about just doing the adoption of her daughter from her folks.

Any ideas will help.

 

Thank you in advance

 

Do not make this worse by your fiancée ’adopting’ her daughter and do not make it worse by just omitting the child. Rules for immigrating adopted children are complicated, even more so when related (technically by law her sibling), and especially so in a country known for using falsified birth certificates to bring ‘children’ over. They are known to require dna test on suspect relationships - if they see a modified or late registered birth certificate or if you omit the child on the forms but later petition. 
 

Get the DNA tests for your own records (this may even be needed for the changing of the certificates), you will prob have to do them again through the embassy for immigration, then correct the birth certificate. Personally I would suggest to delay the fiancée visa application until this is sorted out for two reasons - 1) if they are lying and it turns out that the kid isn’t hers/isn’t theirs you know before too much has gone into it and 2) so that all paperwork on her end is sorted before you start talking to us government.
 

Much easier to say here is situation rather than say one thing and have to correct later on. US govt isn’t too fond of the do now and ask for forgiveness later. 

Hopefully she wasn’t also  married to the child’s father as well? 
 

This is going to require patience on everyone’s parts, I would recommend you also consider the CR1 instead of K1 

Edit - adopting or adding a niece or nephew or sibling as their own is a common thing we see. The embassy is wise to it. 

19 hours ago, Sabrina12345 said:

What is misrepresentation? I was never accused of it, I told the truth.

15 hours ago, Sabrina12345 said:

No I packed light but they looked through my phone and electronics which I was not expecting

So you used esta - the use of which is saying that you were coming for tourism with a return flight (required for esta) - but your phone had evidence of intention to stay and adjust status. This is what they are counting as the misrepresentation. 

1 hour ago, SteveInBostonI130 said:

Typically I have seen where the father was not listed on the BC and a DNA test was needed, but I haven't seen cases where the mother was also not listed.   

Yeah this concerns me too, but it might be just a case of late registration of the birth certificate.

@jamburger Can you confirm if they were asking for dna proof from your mother as well?
 

Was you birth certificate registered late?

Or, hopefully not, were you legally adopted and now you are trying to have your biological parents petitioned?

Those who have been adopted, or listed the wrong parents on their birth certificates and immigrated due to that wrong information, cannot petition their biological parents. 

On 10/25/2021 at 10:52 PM, Deden@2017 said:

@aaron2020   The biological parents are not living with the child.

 @Illiria  The biological parents has 6 children already. This is the 7th child and they can't take care anymore. This child needs an operation when we took him under our care. We just want to give this child better future. 

I am sorry that they are sick - it’s terrifying when your child needs medical care - and I applaud you for adopting as I truly believe it takes very special people to give the gift of adoption. 
 

As others have said US immigration law is very specific and you need legal advice from a US immigration adoption specialist - they will have special experience of the US requirements and precedents. Also adding the medical humanitarian aspect they might suggest ways to at least have them allowed here to have the operation - assuming it’s the kind that cannot be provided in their home country. 
 

We would hate for you to apply for a visa and get a year into the process to be told you don’t qualify (especially if you decided to delay treatment in the mean time). We want you to have the best possible plan within the bounds of what’s possible going forward from the beginning. 
 

Wishing you all the best and hoping for a healthy outcome for your child. 

5 hours ago, medic5678 said:

I think leaving her 12 and 14 year old children there will pretty well guarantee her return.

Sadly we have seen some leave as young as 5 week olds in order to come.
 

Once you see several mention leaving very young kids with extended family it tends to colour your view of children left behind as being a solid tie. 
 

We have seen people who don’t have a job but look after family be asked ‘so how can you leave them for an extended amount of time’. ‘so if they can do this for that long why not continue once you have a job in the states’ 
 

Which is why we try and prepare you for the officers questions which can sometimes be meaner than anything that has been said in this thread. She needs to know that they may be harsh in their questions and to not take it personally or get upset by it.

Wishing her the best in getting to visit - sounds like she has taken a lot of responsibility for your family and this trip would be a nice thing to give her. 

14 hours ago, Deden@2017 said:

@Illiria  @aaron2020 The biological parents are still alive.  The adoption was already approved with finality from the court and it took almost 3 years and I attended about 5 court hearing. The court ordered a report from the social worker and also from a psychologist to find out if we are capable of the adoption and also a report was made from the biological parents it also includes investigation from police, community official, etc. . It's not an easy way to adopt a child.

Yeah not questioning your adoption journey at all - it might be a valid adoption as far as far as the court of the country the child is living in is concerned or even as far as the us adoption services are concerned but us immigration is a whole other story. They are superstrict about visas for adopting relatives especially if the biological parents are alive - they view it as a ploy to skip the long wait times to have their relatives immigrate. We see a lot of people asking about adopting nephews, nieces, cousins, and grandchildren as these relatives can’t be directly petitioned and people posit adoption as a way to avoid petition for the parents of these children which are usually long waits.

3 hours ago, Deden@2017 said:

@aaron2020 his my wife’s nephew. His Grandparents are taking care of him

Are the child’s biological parents alive? 
 

There are significant restriction on the kinds of adoptions that qualify for immigration purposes (to prevent people adopting relatives to skip long waits in immigration). 

3 minutes ago, Kabar said:

No this is not the case and I moved to US around 15 years back with my parents

 

After 7 months of divorce.

Thanks for answering - hmm this was my only thought when  saw that you knew your second husband as children.
 

Hopefully the notice of intent to deny will shed light and you can refute each point with evidence - though as has been pointed out it may just result in a decision of ‘you may reapply’ but at least you can then tailor your new application to address these points early on.

Wishing you the best in your immigration journey. 

2 hours ago, Kabar said:

I have all the proof that I didn't take any amount or asset from my previous husband and it is also mentioned in the decree plus I never apply immigration for him.

About our current marriage we know each other from childhood and he is from Pakistan living in UAE

I never apply immigration for anyone before.

 

We both are in the same age / same religion / even before coming to US we lived in the same area.

I visit pakistan for 2 weeks for marriage then after that covid starts so we couldn't meet but I tried to visit him and I also booked the flights but airline canceled the tickets due to this covid situation. 

 

Did your previous husband apply for immigration for you?

If the first husband sponsor you for immigration - when did you marry, immigrate, and divorce?

How soon after divorce did you marry second husband?

For those who marry to immigrate, divorce, then marry someone else from home they can be suspicious that you used first husband to get here when really were planning on bringing second husband the whole time. 
 

As @jorgedig says you could go live with your husband - maybe not the first choice but at least you would be together

For student visa or work visa I have seen degree related issues. Sometimes the type of degree or job is sensitive - like certain countries and wanting to learn nuclear technology. 
 

Did you work as a programmer for the Chinese government?  
 

Certain science and technology backgrounds or working for certain employers could make them reluctant to let you live or work in the US. 

4 hours ago, nastra30 said:

You'll have to be the petitioner (form I-130) and primary sponsor (I-864). Your mother can be a joint sponsor financially. If you believe your past could cause problems bringing your wife to the US, you could also consider moving to your spouse instead.

Yes OP has to be the petitioner for their spouse. They might not be able to relocate to the Philippines especially if the past is a divorce that is not recognised by the Philippines which would make them a bigamist in the Philippines and so they can’t live there.
 

@ziggy406 if you want the most accurate help - being able to tell you if your past will be a problem or not - then please include why you think you would have problems petitioning your wife. Wishing you the best on your visa journey. 

2 hours ago, ra0010 said:

OP., first, you got PLENTY of advice, especially with regards to the age difference and the fact that she's sending you money. Just because it wasn't the type of advice that you were expecting ("It's all going to be good", "No need to worry", etc) it doesn't mean that no advice was given. People here want you to be prepared for the uphill battle that you'll face (because you will have it hard). You said that she sends you money, that she is 55 but she doesn't look 55. Put yourself in the CO's shoes, or even better, imagine a friend of you came with the same story: you make it look as if she was your sugar mamma. 

The point that everyone is making here is that you have to present solid, good evidence that you entered the relationship in good faith and not for immigration purposes. Money transfers and beauty are not solid evidence. What do you have to counterbalance this?

This @Vaqar Malik is the point - we aren’t giving this advice to rag on you but to prepare you for the line of questioning this kind of age difference and marrying on first in person visit leads to. So that you can be prepared to answer in best way possible. 

On 6/24/2021 at 11:54 AM, yuna628 said:

I have heard some people having success with BoA.

I managed to get a Bank of America account - they did have to list me as having a foreign address but then listed a us address for mailing the bank card and statements. They then changed it once I got my ssn and work permit. 

6 hours ago, LibertyBears said:

can my foreign mobile number be put down temporary even though it has no service here? 

Total aside but Is it pay as you go? and have you tried your sim in another phone (unlocked and triband) - even my Tesco mobile sim works over here (it uses T-Mobile network) but I had to get an American unlocked Triband phone to put it in. I use mine once every six months to keep the number active for when I go back home. 

Unfortunately I have to agree with the other posters that unless you have a friend or relative you trust implicitly over in the us who can help get the documents together, who has visiting rights, and if the prison allows papers and a pen to be passed to your fiancé then it may be easier to have him petition once he gets out. 

If I followed your original post dates then you will still have time to gather documents before the having met once within the two years preceding application is up. 
 

I realise this isn’t what you want to hear but this process is something most of us on here wouldn’t want to rely on someone else not to mess up - why most of us use this site rather than lawyers. 

Something is missing here.

51 minutes ago, Chris Marta said:

Hi! 
We got a scary RFE which we even don’t understand .. my husband is an American veteran who obviously by law doesn’t have to pay taxes ... however we got a few points listed by uscis requiring : tax docs for the most recent year , transcripts, form 1040 , letter explain the doesn’t pay taxes and on top of that form I- 864 ( it says he is not qualified ? His income is 51,600 !!! 
we are lost .... what can we do?

Where is he getting this income from?

Does he have a job?

Is he receiving benefits for being disabled?