Sidney and Dennis

6 hours ago, Valasa00123 said:

Thank you ! 

Also regarding the form I-130 . I know they didn't request any additional proof of bonafide marriage but Should I send pictures, rental agreement, bank statments,bills with both our names, letters,and anything extra that I didn't sent originally?

My husband is living in the US since 2009(will need a 601a btw) so theres no living in different countries( no distance relationship)  and we have a daughter together...That is my only thought of why they were ok with what we sent? I don't know , I just want to be sure they are ok on that part 😫.. 

All the things u listed about the rental agreement, bonafide marriage proof, bills, etc will all be sent in once you are approved for the i130 and are then filing the i601a

12 minutes ago, Boiler said:

Obviously the need to have plans in place to relocate.

 

You never know.

Relocating won’t help because you have to report everytime u move and send a letter to the government I’m pretty sure so they will always know where he is 

1 minute ago, Umka36 said:

This may end up being one of those stories I read decades from now where the friend is subject to deportation for receiving an immigration benefit when he isn't entitled to it. Will blame everyone but himself for causing this mess and try to get sympathy from the public saying the US government is breaking up his family.  

If he does it will be all on him no one forced him to lie but himself 

23 minutes ago, Ontarkie said:

Does he have his visa in hand yet and returned to the US? 

 

 

Yes he’s back home

2 minutes ago, CatherineA said:

Well, good for him, I hope for his family's sake it doesn't come back to bite him. I hope he realizes that he got lucky and should probably not lie to immigration/his own lawyers in future but... somehow I doubt it. Best of luck.

Yea idk how he passed

1 hour ago, Umka36 said:

I have this feeling it may be one of those cases (probably during naturalization if he goes that route) that they will dig deeper and the results won't be so kind. This lie will always be over your friend's head even if he does not care.

 

Hopefully his wife knows and understands of what could potentially happen in the future if this was ever found out by immigration. I'm not trying to be a Debbie Downer, but it's his reality when playing with fire.

 

Chapter 2 – Overview of Fraud and Willful Misrepresentation

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter2.html

Yea I know 

He was approved 

1 minute ago, felipeTAYA said:

They already know of the departure, unless he left by land. Or if he left on a plane with "Traveling letter" or another document showing a different name.

 

Customs and Border Protection launched a new webpage on May 1 that offers nonimmigrant U.S. visitors access to their I-94 arrival/departure record and their arrival/departure history.

The new CBP webpage allows nonimmigrant travelers to access arrival/departure records going back five years from the request date. This electronic travel-history function means that travelers may no longer need to file Freedom of Information Act requests to receive their arrival/departure history, greatly speeding their process. Travelers will have electronic access to the date and port of entry of their arrivals and departures.

When travelers visit the I-94 webpage they can retrieve their I-94 arrival/departure record number and five-year travel history by entering the required name, date of birth, and passport information.

Clicking on “Get Most Recent I-94” will return the I-94 number, most recent date of entry, class of admission and admit-until date. The information does not reflect changes of status, extension of stay or adjustments of status granted by U.S. Citizenship and Immigration Services. Travelers then have the option to print the record.

 

It’s been over 5 years tho... he left in 2009 so that’s 8 yrs

All this is irrelevant now. Thank you all for your comments and concerns and some judgements. I understand this situation is bad and he shouldn’t lie and you can’t change the law but that’s not the point. I understand now no one is going to have a definite answer to what will happen because we cannot predict the future. So let’s all just leave it at that BUT if someone has actual experience with this or knows of someone that this has happened to please feel free to talk about it. Thank you

16 minutes ago, acidrain said:

If the Costa Rican consulate is monitoring VJ or gets wind of this thread I'd say this guy is finished.

 

It's one of those things if word gets out nobody can hide it.

21 minutes ago, NigeriaorBust said:

 The officer can not change the law.  There is no lee way for them to do that.  They could fudge a bit on an affidavit of support , or relationship evidence but this person has a hard 10 year bar.  They fudge that and they will be unemployed.  Remember this site is monitored by immigration and only so many people are having interviews next week that have an approved I601 and ......

 

 

 

I don’t know who u r talking about but I’m not asking for them to change the law he did what he did all I asked was if it would be found and if it does that’s on him I’m not going to fight the decision it does not affect me like that and I never said next week. 

7 minutes ago, acidrain said:

I totally hear what you are saying. The reason I bring up this scenario is when I worked for the Government (in Canada) I could not believe some of my colleagues would look the other way on an eligibility decision. I am guessing that's what his friend is hoping for in his situation.

 

What surprises me the most when I go through VJ and read through hundreds of stories is how uncommon a denial is. I thought upon our denial at the border the US was tough on immigration. But it's incredible the different scenarios that are approved. I wonder if it has to do with the fact the decision is based on an in person interview?

 

Your right that failure to disclose this information could cost this person their green card in the future. All it takes is the wrong person getting a hold of this information and calling USCIS. This often happened when I worked at Government too and when someone is exposed for fraud it is very serious. The situation turns criminal and those who approved usually face an investigation themselves. I find it unlikely myself something this serious would be shrugged off but don't know the consulate.

Yea I guess every situation is different I’m not sure. I know definitely they will not turn a blind eye if it is discovered but I was just curious as to what these people know and don’t know 

10 minutes ago, geowrian said:

The departure was very likely recorded in computer systems, but no I-94 is/was issued so there's nothing to look up (although a FOIA request may show if the departure was recorded...I'm not sure, though).

 

It's not possible that they won't care or will issue a visa because they don't want to break up the family. Law is law here...there's no discretion on the CO's part if it gets discovered.

In the very, very small likelihood that it's not discovered now, he could have LPR status or citizenship revoked later if they discover it. One angry tipster (and likely years later) and this all blows up.

All this is true but I guess we will see when the time comes and I will gladly let everyone know 

7 minutes ago, CatherineA said:

Right so two entries though. The one he admitted to in 2001, and another in 2009. They don't care about "continuous residence". They care about the number of times you cross the border illegally. So it doesn't matter if he left the US for 2 hours or 2 years. 

 

So they'll see his claim that he EWI'd (entered without inspection) in 2001. Then (maybe?) see that he exited in 2009. And then see that he applied from inside the US in 2017, and not see a legal entry. They can connect the dots and see the second EWI. Maybe they won't know when the second EWI was but they don't care if it was just a few weeks. They (may) know that it happened just by the fact that he was in the US in 2017 and doesn't have a record of legal entry.

 

The only thing possible is... did he come on some kind of visa in 2001? Then overstayed it, left for Costa Rica and came back without inspection? Then the 601-a works. But it doesn't sound like it.

 

So the big question is will USCIS/ State Department know that he left and came back in 2009? I personally don't know that answer. His lawyer probably would, but he's not being honest with his lawyer. I'd reeeallllly encourage this friend to come clean to the lawyer because he's about to dig this hole even deeper--- lying for immigration benefits is a lifetime ban!

Pretty much he’s screwed if they find it because he lied about it and the waiver is only good for one entry anyways. So yea no one has the exact answer but we are all aware of his consequences for his lying actions. He’s made up his mind that he is going so all anyone can do is wait for the results and I’m just thankful I’m not in this situation honestly. This is all on him

4 minutes ago, CatherineA said:

 

It's not "okay" but that's what the 601-a waiver process is. For people without a legal entry, they can't adjust status because there is not status to adjust FROM. So they need to apply for a fiance or spouse visa, including medicals and interview abroad. But because they entered without inspection, they are inadmissible. a 601-a waiver applies to waive that inadmissibility  so that they CAN leave the US for the interview and be allowed back in.  They could leave for their home countries as soon as they apply and hope it is approved but because they're not sure if it will be approved, most people stay as long as they can and again while not "okay" is understandable.

 

However. The 601-a waiver works only if they've entered without inspection *once*. Not twice. Her friend has done this twice, but his lawyer only knows about the once. OP is thinking that the US government will know about the second time because they will see his claim that he was in the US continually from 2001 but that in 2009 he got on an airplane for Costa Rica. And then in 2017 is back in the US. Simple math shows two entries without inspection.

Thank you for explaining but the other thing is that In 2009 when he left he came back like a few months later but yes everything ur saying is FACTS 👌🏾

26 minutes ago, Boiler said:

Not something you get when you enter illegally.

And I don’t know about the i94 stuff cuz I’m a United States citizen I was born here and idc what they look up on me I just don’t travel much so I don’t know these things. I drive if I go somewhere mostly 

13 minutes ago, SusieQQQ said:

Yep but wasn't there a query about whether the US would know he'd left in 2009, and he did fly out?

Yes the whole point of this was would it come up in the interview that he left in 2009 because so far no one has mentioned it and all his waivers were approved and now all that’s left is the interview.

1 minute ago, SusieQQQ said:

"haha"? beginning to understand why the current administration is so keen to crack down on illegals.

 

 

Back to topic, have i missed this somewhere - can't the dude just look up his I94 online and see what record the US has of arrival and departure? (though yes I know it's not complete)

I said haha because I don’t want to sound rude by me saying all this is irrelevant because I can tell the person had a legitimate question I’m not taking this whole situation as a joke I started this topic because I had a real question I don’t want to argue with people or come off as rude so don’t read so hard into the haha. It’s hard to read someone’s tone online so I don’t want to come off as mean so I’d appreciate the same in return. I went through this and it was serious for my situation so I’m not making this all a joke thank you but I’m clueless on the whole i94 thing and looking it up

4 minutes ago, acidrain said:

I can honestly say I did not know that. I would've assumed immigration rules and residency requirements would apply the same to everyone. Even a higher bar for people who are living illegally but I guess I am wrong.

Yes I know the system is weird but he married a usc and they have a child and he filed the family waiver (I130) and the forgiveness for unlawful presence waiver (601a) and then you have to go to an interview abroad so u can reenter the us legally and become a lawful permanent resident 

4 minutes ago, acidrain said:

So it's okay to continue to live illegally in the US during the Consulate Abroad process just as long as you fill out a waiver? Seriously?

His case sounds very complicated and I actually feel bad for whatever consulate officer gets it. I am having a hard time wrapping my head around the legalities of everything.

He’s already here illegally so yes he will continue to live illegal until his interview and if it goes well he flies back to the us legally it’s not complicated many people do the same thing that’s irrelevant to all this hahah

15 minutes ago, acidrain said:

It sounds like he did Consulate Abroad which one of the main requirements is the non US citizen has to spend the majority of time in their home country.

 

If he did not do that there is a high probability his Visa is going to be denied just on that basis alone.

 

A person might (I say might loosely) get away with spending the first six months with their spouse and then spending the last six months in their home country. You would be doubling down on an understanding consulate officer and the "I didn't know claim". I was told even for our family in which we have a small child and from Canada to not do this as it could be grounds for denial.

No that’s all wrong everything he’s done so far is correct except the lying he is already illegal and married a usc and filed an I 130 and 601a and that’s all fine the only issue he has is the lie with entering the us twice instead of once illegally. I just did the same process so everything he is doing now is by the book except that lie 

1 minute ago, acidrain said:

Oh boy the plot thickens. I'm sorry if I am picking on your friend. I wonder why he didn't do AOS? Is it because he never had a legal entry?

 

One of the conditions of the consulate abroad process is that the non USC lives for the majority of time in their country. I presume your friend has been in the US for the entire duration of the IR1 process?

 

The reason I bring this up is I am heavily scrutinized at the border and customs gets a calculator (literally) to determine how many days I spend in the US vs Canada. I have been advised by my lawyer and the border if I didn't return home after a 1-2 week visit the consulate may consider a longer trip as living in the US (or having stronger ties in the US thus making me a US resident). I was told living in the US during the IR-1 process is illegal unless you qualify for AOS.

 

If he has been in consultation with a lawyer I would presume he would've told your friend. Or at least I hope so.

Yes I said he was approved on his 601a, it forgives his unlawful presence in the us. BUT ONLY FOR 1 ENTRY. So he lied I think to the lawyer and said he has been here continuously since 2001 and now somehow he mentioned it to the lawyer when he found out his interview date 

9 minutes ago, acidrain said:

I'd love to be a fly on the wall during that interview. Please share what the outcome is or if you ever talk to him again.

Agreed. Me too but yes I will let everyone know... hopefully this topic will stay up for the next few weeks and if it doesn’t I will make a new one with the same title “multiple illegal entries”

1 minute ago, acidrain said:

Just out of curiosity where is your friend now? Is he inside the US or in his country abroad?

He is in the us and about to leave to his home country soon

1 minute ago, Boiler said:

Why would he have problems leaving? The only thing they might care about is that he left.

 

The issue was entering Honduras and I assume he had a Passport to allow him to do so.

Costa rica* not Honduras but yes