pepper44

I recently obtain chat records for the past 3 years with this other woman as well as photos of the kid but no birth certificate. I can always try to request it from the Cuban Embassy to show proof his name is on the BC, but I do have photos of him with the child as well as messages from the mother, about her knowing he was with me and he was living with her while he was going through the VISA process. 

I've noticed in one of the facebook posts this woman made that she is wearing a wedding ring and changed her status to married but nothing more than that. It is difficult to get Cuban documents since there are no ties to Cuba, but I am trying to see if I can locate a marriage certificate as well. 

Trust me if I had known this I would not have signed up for this marriage or helped him obtain a green card. He also sent me a text last week stating his demands for the government refund money (which he never worked a day while living here) and that I need to give him his green card that is pending (which I do not have because it is not approved yet). He has his 2 year conditional green card with him but it has expired, he has an extension for 18 months which will come due in August 2021. 

I do not care to deport him, or sue him. I just want the USCIS to know the false information he put on the initial BIO packets not disclosing another child, and I want them to put that into consideration for the ROC, as well as all the times he has not resided in the USA with me his wife. He has been living in Cuba most of the time during the 3 years. Then they can decide if they want to approve his green card or not. 

24 minutes ago, Boiler said:

You can certainly not participate in his ROC, he will then need to switch to a Divorce Waiver.

 

Interested in how you know about the child, has he now acknowledged paternity, was there a DNA test, is he on the original birth certificate?

He has finally come clean to me about the child because the woman contacted me to tell me about it. I guess he was not paying her money and she got upset so she contacted me. I only have his email he sent to me telling me what he has done and messages from both women along with sonograms and photos of the baby which is identical to him and his other two kids. 

I understand I cannot do anything about his ROC and I am not asking for that. He can do as he wants. I have removed him from my life but as we all know it is taking over a year to obtain a ROC and he is still here on an extended green card which is a joint application that has my name on it. 

I thought that if someone lied on an application for anything and submitted it signed and it clearly states this is a sworn statement, that would indicate fraud. 

I guess the only thing I can do is just contact USCIS and ask them if there is anything I can do with the current Greencard. The ROC I am not worried about, he has also stated he will never live here or obtain Citizenship that he is Cuban and always will be. He only wants to come here to make money under the table and return to Cuba. 

Thanks for the feedback everyone. 

Hi there, 

I've been married for 3 years. I recently found out that my husband lied on the initial I-129 form by not indicating he had a child while him and I were in the VISA process. I then recently found out he has been having an ongoing relationship with another woman in his home country that is now pregnant again. This is the woman he just got out of a relationship with when we met.. or so I thought. It seems he has been with her the entire time. He has probably lived in his home country more than he has lived here in the USA during the 3 years. 

I found out about all this last month, and kicked him out of my house. Now he is demanding his green card. It seems he plans to have her come here once his Removal of Conditions is complete. I am not worried about that because he has not worked a single job while here. 

I know the Removal of Conditions is his petition and there isn't much I can do but he is still on the extended 2 year green card that I am the beneficiary. 

I am looking for guidance on what is the best route to take. I've read that I can submit a fraud claim online, but is there anything I can send in with my evidence of the false information he put on the original K1 application and then again on the AOS application by not including this other child, which would have clearly shown he was not committed to me because the child was born in July 2016 and our interview for him to arrive here was in November of 2016. 

We also had an initial k1 visa from 2015 that was denied because I was not present. So it's not like we were not together. He had his BIO appointment for the I-751 in Feb. 2020 and left the states in March 2020 and returned last month. So he was gone for 9 months and then when he returned because he knew he would lose his status if he stayed out of the country for a year. this is when I found all of this out. 

an attorney told my friend that no matter what- even if he came here with bad intentions under the K-1 that he is still able to adjust under the cuban act. I thought Obama did away with the law before he left but he did away with the wet.. foot.. dry foot.. law which is the the same law as the cuban adjustment law. I thought it was.. so now... we have cubans running around doing as they please because of this LAW! I am disgusted. no one should be able to fraudulently come here much less use an american citizens information to gain employment. 

Let me start this thread by saying this is NOT for me. My husband has a friend who married a Cuban whom she thought loved him... aside from my warnings. She got him here in Jan 2020 and married in Jan 2020. He has been nasty to her since he arrived after the marriage. He left her in May said he is going to apply for the Cuban Adjustment Act not the K-1 Conditional Green Card. 

Obviously someone knows or has been talking to him and letting him know the laws. 

So he has left her. He used her SS# to work and she reported it. but cops in Miami are BIAS to other cubans and closed the case. She wants to know what can be done to get him back to CUBA because obviously he lied to here. 

They met the K-1 requirements because they married within the 90 days.. she is filing for an annulment but I don't believe that matters. 

Does anyone know the in's and out's about this Adjustment Act that would cause him to NOT be APPROVED!!! 

SO my husband went to visit family at the end of March and boarders ended up getting closed. He has been stuck in Cuba since. There are no flights for him to get on to come back to the states. Come August he will have been there for 6 months. Cubans I know fall under a different rule or law that most countries. If they stay in Cuba for more than 6 months while on a green card. they will not be allowed back into the country. 

Does anyone at all know if this is A. TRUE. or B. how to resolve this? He did not file for a I-131 because his intentions were not to stay except to visit family and come back. 

I am lost because there is nothing online that gives me answers. His Removal of conditions is still pending. We submitted it in Jan of this year. 

We had the biometric fingerprints appointment today and the status on USCIS already reflects that the fingerprints have been added to the file. 

I have a question. If you file the papers for AOD status- and an employment authorization but didn't submit forms for a travel vis at the same time because you didn't have specific dates or a reason to travel back to the country.

is it still possible to apply for the travel visa? 

We already have the employment authorization card back for the initial submission but we are still waiting on a response from the green AOS submission that was submitted the same time? 

since it's still in processing can we submit a travel request??

any suggestions or thoughts?

3 hours ago, Going through said:

Theoretically, since you already married, the spouse can make the argument to USCIS that the marriage was entered into with bonafide intentions, and that even though the AOS was withdrawn by the petitioner he has a basis for USCIS to continue with the application without your involvement---although legally sound, this type of request is normally denied (probably because of the lack of financial support from the USC previously agreed to when filing), unless he files a waiver and can prove he is a victim of physical/mental domestic abuse.

even if it was a lie to get here? The marriage is annulled? 

how quickly is it done? If he stays here he would become Illegal? Even if we married? 

How do I submit a withdraw for a case that is pending? I submitted it back in April and received the notice they accepted the case but no other updates since then except the fingerprint appointment? 

11 minutes ago, Ryan ChiaLien said:

It takes much longer for the AOS NOA to come then it does for the K1 NOA.  Ours took 18 days from when we mailed it until we got the NOA text message.  It was only 6 days for the K1 submission.   You can look in the timelines section here to see relative times for how long it takes between sending and NOA and then NOA to biometrics and interviews for the office you sent too.  

I tried to find that link. I guess I went to the wrong page to check this. Do you have the link for the timelines for this?

oh okay. I was concerned because it's a tad different than when I originally submitted my K1 packet. I received a text within days. So I was starting to worry.

Thanks for the responses!

Good Morning VJ'ers,

I think my packet is lost and not sure if I should wait it out or what.

I mailed the AOS packet on Saturday April 1st and it was delivered on Tuesday April 2nd to the physical address given on USCIS website. It was signed for by someone who gave 4 Characters ( I don't have the slip with me at work) and it says it was delivered to the DOCK. What is the world? A dock not a receptionist?

I have yet to see my check cashed, receive an email or a text. I put the G-1145 in their with my information.

Does it usually take this long?

Not sure what to do at this point but now I am also concerned because it has my entire life in there, SSN, Taxes, everything someone would need to steal my identity.

I used that guideline above and I am a bit upset about it. It doesn't mention in there that each application has to have it's very own set of copies and documents. So I just mailed off my packet for for AOS, EAD and Travel -- but only made one copy of everything but my finance's passport and I did send two sets of passport photos of him. 

I did not include my passport photo because it wasn't clear - but apparently you need to send that with your packet. I only put my birth certificate to show I am a US Citizen. 

Now I am in fear they will cash my check and reject my petition. I can only wait. They received my packet on Monday and I haven't received a text or email yet. I sent it overnight to the physical location. 

Thanks guys! That is what I will do.

Hi there VJers,

I need a little help. On Part 1 where it states Current USCIS status - I am not sure what to put

my Fiance came over on the K-1 Visa. We got married within the 90 day time frame but we did not file the papers yet for is AOS. (I am doing that now). His passport stamp has expired as his 90 days are up.

What do I put in this box? Do I put K-1 Visa or do I put overstay?

Technically we meet the guidelines and rules for the K1 since we did get married in less than 60 days but we just haven't filed the papers till now which is 2 weeks after his 90 days.

Anyone else have to do this? If so what happened.

My fiancé didn't make a copy of his Cuban medical that was taken to the interview. Now I hear we need it for the AOS. Is there somewhere in the states that can complete a new medical to use for the AOS?

There is no way for him to go back to Cuba and get a copy of it or call since it's Cuba these type's of situations are impossible to get a copy of documents.

Also in Cuba the medical expires in 6 months. Would this apply for the US as well? How can I be sure that it covers all the requirements needed? Would it be just a standard physical exam they give here? Or is there something more too it? I do have a paper with some of his shots but I don't think it lists all of them that he received through his life thus far. Only as a baby.

Those exams in Cuba cost over $400. I'm not sure what to do at this point.

yes you can apply again in the future with the same person or a different person. If it's within 2 years of the first petition all you would need to do is include a waiver request with your original submission packet. Explain why you want and need a waiver and also a brief explanation.

I had to do this because I filed 2 petitions within the 2 year mark, but mine was for the same person. Our first petition was denied and I submitted an entirely new packet and was approved but I did get an RFE for not having the waiver in the original submission. Once I sent it in, the file moved on.

yes It needs to be stamped every two years. It's like the Visa they have that is multiple entry for cubans. My friend goes to the consulate to get this. It doesn't take 6 months, unless maybe you mail it. He get's it done the same day, I had to go one to get my visa issued and some papers completed by them. They never answer the phone and are very slow. Hours are 9-12. Must be nice right.

Either way if he is in the US I think he needs it before he goes back.

ah - I know I told him to ask someone if he could use their phone if needed. It's a direct flight to New York from Havana so I will just ask around at the airport as I am sure he will be in customs for a little while.

Thanks for the kind words- it has been a LOOOONG Journey for us but it just goes to show you - that everything happens for a reason and at the right time.

Hi VJers,

Quick question because now I am starting to stress out. I haven't been to JFK in over 15 years and that was for lay-overs.

Is there just one door for all International flights or people going through customs?

I know at Dullus and Reagan there are SEVERAL doors. Miami there is just ONE door for international flights.

How will I know where to go? Will it be the same, where his luggage will come out on the terminal belk outside of the doors, or will he be getting his luggage before he goes through customs? So I won't know what door he walks through.

Completely stressed out because he won't have a cell phone and doesn't speak English very well so I am afraid he won't find someone to help him either.

JFK is a HUGE airport as oppose to Cuba where it has One door for all Flights.

Hi anyone have a problem once you sign the DS form - retrieving it? I entered all the correct information

the Application ID, last name, DOB, and security question but it doesn't lead me anywhere? It's like the form doesn't exist but it doesn't given me an error message. I hit the contact us button and that goes no where.

Anyone know who I can call for this?

Last time I completed this form I did't have this problem. I pulled it right up.

VERY LOW if you don't plan on being present for the interview. Good Luck!

dang I sent my RFE response back on March 26th and they received it per my text on the 28th... still no NOA2! Ughhhh I wonder how long one has to wait till they call and get an update on the file. Patiently waiting - but it's getting annoying.