HonoraryCitizen

1 hour ago, Roel said:

Invitation doesn't help.

To be honest, your mother's chances are probably less than 10%. Coming from Nigeria and having family in the US.

Where do you pull that number from? The adjusted refusal rate for Nigeria is 45%. Many, probably most people from West Africa granted B visas to the USA have family here.

https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/RefusalRates/FY17.pdf

1 hour ago, Koko bongo said:

My question now is should I go back and edit and resubmit the DS 160 so to indicate I’m the one inviting her or just leave it to be my wife inviting. Thanks and I wish everyone a blissful 2019. 

Really would not matter. She has decent chances of getting the visa. Be confident and go ahead and apply. Over the years  seven members of my family (and several other friends) have applied to visit me. My being an American resident/citizen did not hinder their application. Ignore the chatter about Nigeria being a high fraud country or whatever and think positive. She should not say she is coming to take care of the baby because that can be considered work. She's simply coming to visit you and see her new grandchild.

Congratulations on the baby and best wishes.

The issue is that they are within their rights to deny the petition because you did not submit all documents requested. I mean you’re even lucky they fired of an RFE. New USCIS policy says they should be denying incomplete petitions without even bothering to send out RFE’s.

That said in your case missing out on sending a passport picture should not be fatal to your application. Best wishes, I think your odds of success are high.

11 hours ago, garebear397 said:

Welp....that is a real good point. Do you think it will be an issue at all if we just let her green card expire? Like will it be an issue if we reapply for another green card in the future? I guess we can still submit the I 407 before her green card expires. 

Why should it be a problem? It only becomes a problem when in the future she wants to adjust status through marriage to another man. At that point they may want to check the bonafides of the previous marriage. Definitely not a concern if she’s applying through the same person she’s been married to for years.

But sure if you want to formally abandon it, there’s no filing fee.

They’re using an electronic system now. No need to be anxious about anything.

1 hour ago, tornedoar said:

but he went to turkey and did religion marriage to

Is that just a ceremony or legally binding? If it’s just a ceremony without legal basis, it’s not a marriage. In any case why are you, self admittedly a non US citizen who doesn’t live in the USA invested in reporting someone for a supposed crime in the USA?

You should mind your own business or report it to the authorities in your country if you care to.

20 hours ago, adil-rafa said:

and sorry but most in  ghana (like Morocco) do not have a job

the average income is now $2,200 considered  now a middle income country

Please stick to factual information. Don’t assume because Ghana is a poor developing country you can say anything negative about the country and it will turn out to be true.

Every unemployment report you can find about Ghana on Google puts the unemployment rate between 3% to 5.5%. So most Ghanaians have a job, even if their wages are low. The unemployment rate is low.

Quote

https://tradingeconomics.com/ghana/unemployment-rate

 

Unemployment Rate in Ghana increased to 2.40 percent in 2017 from 2.30 percent in 2016. Unemployment Rate in Ghana averaged 5.41 percent from 1991 until 2017

 

Ghanaians face enough challenges without adding nonexistent ones. 

23 minutes ago, peanutismint said:

Let's be honest, there are quite a few know-it-alls on this forum

Got that right, a small cabal of know it alls who live to one up other people’s posts! 🤣

Best wishes on the new chapter of your life in the USA and way to go on preparing a video on the K-1 process. 

9 minutes ago, rockman said:

Incase if i apply now would I be asked for an explanation as to why I didnt do it sooner. If yes then what documents should I provide? 

No. None of their business and they don’t care anyways. They’re not immigration.

Quote

'we will rquire orignal documents or documents certified by custodian of orignal record.' Can somebody explain what this means and is it safe to handover the orignals.

They will not keep your originals, no worries. You are good to go.

48 minutes ago, Nicky87 said:

So knowing my luck,  I won’t even be able to depart Germany 🤣

Your permanent resident card is valid on the surface, there’s no question about that. CBP won’t call to question you in Germany so the airline is not going to stop you in Germany.

You should not be negative about your prospects considering all the information you’re getting to the contrary. A negative disposition  won’t serve you well if CBP decides to grill you upon arrival. Those guys are trained to pick up on negative body language, nervousness etc.

4 minutes ago, geowrian said:

I don't think pointing out that not every possibility has an equal chance of occurrence is being picky. haha

It is unnecessary particularly when in my submission I had already said assuming equal probability of individual outcomes. That caveat alone makes it clear equal probability is not actual but for simplicity of analysis.🙄

11 hours ago, geowrian said:

Or that every scenario has an equal chance of occurring.

If #4 had a 90% chance of occurring (hypothetical), the fact that there are 4 (or 5) potential things that could happen doesn't mean a 1/4 (or 2/5) failure rate.

Being unnecessarily picky serves no purpose. We’re not preparing a paper to be published in the international journal of mathematics. Jeez! 

53 minutes ago, StevieJ said:

I'm kinda crushed here

Crushed about what? This is nothing. Heck I had more egregious issues with my own name than this and it was never a problem. Go ahead and file!

11 hours ago, Nicky87 said:

 

Thank you for the info. 

I am just really afraid to be sent back as soon as I get there. Has anyone you know ever done so? 

Two years ago my very good friend asked me the same. His brother had returned to our country for a little over two years (didn't plan to return but plans went awry) and was planning to come back. I laid out all the reasons why it was a bad idea to return without a SB-1. One month later my friend called me and said his brother was back in the USA. I asked what happened at immigration. His reply was nothing at all.

Basically what the other posters are telling you is that if you come on your green card, four possible things could happen. Remember they legally cannot turn a permanent resident away at the airport. Let's do some elementary probability of the scenarios assuming equal probability of individual outcomes

1. You enter without being questioned - Good
2. You are questioned, but let in with a lecture - Good
3. You are questioned and paroled in to go and face an immigration judge who determines you have not abandoned status - Good
4. You are questioned and paroled in to go and face an immigration judge who determines you have abandoned status and deports you. - Bad

Of these four things, which could happen three are good meaning a 75% success rate.

However if you choose to apply for an SB-1 visa, only two things could happen

1. You get the visa
2. You do not get the visa and permanently stuck in your country

Of these two things which could happen only one is good meaning a 50% success rate.

The conclusion is that when a returning permanent resident is in doubt, they should always choose the option of returning without applying for an SB-1 because that option has the highest probability of success.

🤔🤣🤔🤣 Indeed VJ is literally sometimes stranger than fiction.

14 hours ago, tlatrice70 said:

 but her fiance assured her the certificate was only an engagement certificate. 

 

Is this even possible considering it's a possibility immigration will look at their engagement as an official wedding?

 

Choosing to call your dog a horse doesn’t make it a horse. A dog is a dog is a dog. A marriage certificate is a marriage certificate. She’s married. That said Ghana is country where anything goes and I can produce a legitimate death certificate while I am alive and walking around. I should know, that’s where I am originally from.

So to answer your question, they’re married and if he fills out his visa application as unmarried, it’s fraud. That said the probability it’s ever found out (without them admitting it themselves or committing a blunder) is almost nil.

The choice is theirs to do what is right, or what is convenient. I won’t sermonize.

6 minutes ago, carmel34 said:

Would not OP's actions in this case rise to the level of visa fraud on his part?  

This would be clear misrepresentation if he were the beneficiary. Fortunately or unfortunately American citizens do not suffer any immigration penalty for that. Alas it's the non citizen who gets hosed when these things happen.

3 hours ago, PirateLiker said:

I am completely aware that she is a person with the ability to make her own choices. If I tell her what I am willing to do, she can choose what is best for her. 

 

Considering reactions to a related post a couple months ago, I am not necessarily expecting very civil comments in this thread. 

Are you a troll? Or perhaps you are a person who could not find any woman in the USA to bully and control? Are you perhaps on the next season of 90 day Fiance? These are honest questions please.

14 hours ago, toribae1031 said:

If that case, where she needs to contact & find out? 

 

I am not a moralist and I judge no one. I just wanted accurate information from the source however I think we have enough at this point to make a recommendation based on the little you have shared.

2 hours ago, hope2018 said:

I am just giving examples, no intention to argue. 

Getting back on topic, there are many ingredients in this broth namely an accusation of a crime involving moral turpitude (or not), the accused possibly having little knowledge of US immigration and legal system, possible poor English language skills, several visa refusals in succession and a lack of clarity on what exactly she was refused for

These all point to get an attorney preferably competent in both US immigration law and criminal law. It is no longer a DIY project especially for an immigration ingenue and soliciting advice from online is not the way to go. This is serious business.

I sincerely hope she is able to get this resolved, particularly if she is indeed innocent..

10 minutes ago, hope2018 said:

Maybe language barrier, busy schedule, etc.

But studied in the USA despite the language barrier? And too busy to get information on her US immigration status but wants to return to the USA on a visit? How does that make sense? 🤣 🤔

A fiancée visa can be denied easily at the embassy even if the petition is approved. Why don’t you want to get married and file a CR1 instead since you’re so sure about him?

Since you’ve been outside the USA for some time, do you have enough income etc to successfully provide an Affidavit of Support?

Can’t your friend access the internet? Why don’t you tell her to join VJ so she can give us her account of the issue directly instead of us getting secondhand information from you? Joining VJ is free.

16 minutes ago, nastra30 said:

I don't think there's actually a law that says US does not recognize dual citizenship. Do you have anything to back this up? It's unwritten language that it's usually frowned upon but outright against the law, I doubt.

I never said there is a law that the USA doesn't recognize dual citizenship so I do not have to back up something I never said.

Hopefully this direct quote from the Department of State settles everything for you definitively:

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/Advice-about-Possible-Loss-of-US-Nationality-Dual-Nationality/Dual-Nationality.html

Quote

 

U.S. law does not mention dual nationality or require a person to choose one nationality or another. A U.S. citizen may naturalize in a foreign state without any risk to his or her U.S. citizenship. However, persons who acquire a foreign nationality after age 18 by applying for it may relinquish their U.S. nationality if they wish to do so. In order to relinquish U.S. nationality by virtue of naturalization as a citizen of a foreign state, the law requires that the person must apply for the foreign nationality voluntarily and with the intention to relinquish U.S. nationality. Intent may be shown by the person’s statements and conduct.

Dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries, and either country has the right to enforce its laws. 

 

1 minute ago, Dave&Kal said:

I find it a paradox, while you taking an oath to give up loyalty to other countries and still you identify yourself as those country's citizen! I mean being a citizen, doesnt mean you are still loyal? 

I know exactly what you mean. You know sometimes legal bureaucratic things don’t make sense. 

Don’t worry yourself, it’s one of those things you just accept as is.

I think you’re worrying unnecessarily because although the USA does not recognize dual citizenship, nobody is going to bother after your naturalization when you identify yourself as a dual citizen or display allegiance to your other country. Nor is it against any law.

Now if you’ve ever made false claim to US Citizenship, you’re ineligible to ever become a US citizen. It’s not as simple as that though, for example if you lied to a friend that you’re a citizen it doesn’t count. It must meet certain specific criteria before you will be disqualified because of it.

Quote

 

For a foreign national to be inadmissible based on false claim to U.S. citizenship, an officer must find all of the following elements:

 

•The foreign national made a representation of U.S. citizenship;

•The representation was false;

 

•The foreign national made the false representation knowingly; and

 

•The foreign national made the false representation for any purpose or benefit under the Immigration and Nationality Act (INA) or any other federal or state law.

 

I hope I understood your question correctly. Wasn’t too clear.