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Jacen7

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About Jacen7

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    Junior Member
  • Member # 332133
  • Location Boston, MA, USA

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  • City
    Boston
  • State
    Massachusetts

Immigration Info

  • Immigration Status
    K-1 Visa

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  1. Updating this and copy/paste from my other thread on similar topic (maybe they should be merged) I did find an attorney in the area. $2400 for the whole K-1 through AOS. They do not think the B2 misrepresentation is material since there was no advantage gained by entering the false place of birth. She said this without me even asking about it and was very confident that it wasn't an issue. She did, however, stress that fixing the passport is critical and was really surprised we were having such a tough time fixing it (as all of you were). So we will do our best to get this changed, might entail hiring an attorney in Myanmar. She told us to document all attempts at getting this corrected, and also to start gathering secondary evidence (affadavits from family, nonavailability letters, etc.) So, she had all the same suggestions as you guys did which speaks to the expertise on visajourney!
  2. Just to update this for anybody who may run into this same issue. I did find an attorney in the area. $2400 for the whole K-1 through AOS. Found on avvo.com - thanks freddy. They do not think the B2 misrepresentation is material since there was no advantage gained by entering the false place of birth. She said this without me even asking about it and was very confident that it wasn't an issue. She did, however, stress that fixing the passport is critical and was really surprised we were having such a tough time fixing it (as all of you were). So we will do our best to get this changed, might entail hiring an attorney in Myanmar. She told us to document all attempts at getting this corrected, and also to start gathering secondary evidence (affadavits from family, nonavailability letters, etc.) So, she had all the same suggestions as you guys did which speaks to the expertise on visajourney!
  3. Would anybody anticipate a problem with applying for B2 in one country and K1 in another country?
  4. Well, remember - he is not a Thai citizen, so it is more than just getting the passport, it's obtaining citizenship. That could take several years. And, we need to put his citizenship on the initial K-1 petition which we hope to do in a month. But I did ask him to see if this is a possibility so thanks for the suggestion. Good ideas on the secondary evidence for Myanmar and Thailand, we will start this. We were planning on applying through the Thai embassy, since that is where he applied for B2 and he lives in Thailand so it is more convenient as well. But not 100% sure, another question for the attorney. At this point I am more worried about the inaccuracies in the B2 application than the birth place discrepancy...this is going to be a long year. Thanks again for the suggestions and your time
  5. Obtaining Thai citizenship is an interesting idea...we will look into it but my sense is that it would take longer than we'd like. Yes I have looked at the reciprocity schedule for Myanmar but I think I wasn't understanding until now how this applies to our case. I thought the reciprocity was irrelevant since we have the primary evidence (the passport) - but are you saying we should get secondary evidence that supports that my fiance was NOT born in Myanmar, to prove that the passport is indeed in error? If so this would entail a "no record" letter from the Myanmar city of birth as well as an affadavit from parents saying he was born in Thailand?
  6. I hear what you are saying on credibility, but just to clarify it is place of birth that was misrepresented, not nationality - he is Burmese and said so on his application.
  7. Interesting. Reading the table in that link (pasted below) would lead me to believe place of birth was not a material fact for a B2 visa and therefore was not an inadmissible willful misrepresentation. Still not clear how to go about the country of birth "change" - just submit 129F with the correct place of birth, and address the discrepancy of what was said in B2 at the embassy stage? It seems like there is some explaining to do in our case and there isn't much of an opportunity to do it. I have read about "frontloading" the embassy interview by mailing information to the embassy beforehand to get ahead of issues like the one I have. I really appreciate the help, this has been causing me a ton of anxiety over the past month.
  8. An update, I just realized that my beneficiary listed his birthplace as Myanmar (which is not accurate) when applying for a B-2 earlier this summer. He didn't understand the instructions and thought it was best to just be consistent with his passport place of birth, otherwise he didn't think the embassy would allow him into the interview. So this seems to make things worse as he has now misrepresented himself on an earlier B2 application which almost surely will come up on our K1 case, right? I'm reading about waivers that are sometimes given depending on the severity and nature of misrepresentation: https://www.uscis.gov/policy-manual/volume-9-part-g
  9. I have complications with my beneficiaries birth certificate and passport listing two different places of birth and being unable to change either one because the local governments are not cooperating. You can see the post in my thread history and in fact I believe you have commented on it. Ultimately the agreement seemed to be to check with an attorney to proceed. Thanks for the tips. I'm hoping I can just pay for some legal consultation without having to pay the attorney to compile and mail the packet as well.
  10. I am about to start the search for an immigration attorney for K1. Originally i had planned to do this on my own (I am the petitioner) but my case has some complications that I need some legal advice with (issues with fiancee's documentation among other things). I've read the poor experiences others on this forum have had with attorneys. What are things to ask and watch out for when looking for an attorney? What should I expect to pay for a lawyer to get me through the K1 approval stage? Ideally I would handle and submit the documentation on my own and just have the lawyer review before submitting to avoid delays and errors on the lawyers part. Has anybody had experience with this? Thanks
  11. I have the opportunity to meet with my fiance (not for the first time) right before we submit I-129F. Is there anything that I should get from him while we are meeting in person? My only thought is having him sign the intent to marry letter, but then I'm not sure what to do for the date since I don't know exactly when we will file I-129F. Probably in the next month or two. It takes about 30 days for him to mail me anything so I want to get anything from him I might need.
  12. Echoing others who said that some airlines may ask for the credit card. One way to find out for sure is to call them and find out if this is needed.
  13. I'm definitely going to reach out to an immigration attorney. I'm not a "cross your fingers" kind of guy with stuff like this. To give you a better sense of the attitude at the government office in Myanmar, when my fiancee asked for a letter or if they would even sign a letter he drafted, they pretty much laughed at him. It's almost like there is an animosity towards any Burmese citizen that was born in Thailand - that or total apathy towards government work. All of that is on top of the bribes required to even get a passport renewed, or to cross the border. At least in that particular part of the country. Makes you appreciate bureaucracy in the US. I get documentation discrepancies are bad, but on what grounds would this application be rejected for a birthplace discrepancy?
  14. Hank - correct. Thai Birth Cert says born in Thailand. Burmese passport says born in Myanmar. He is a Burmese citizen. Myanmar government refuses to change passport to say born in Thailand.
  15. Hank, I think you are misunderstanding - the issue is not that birth cert is one country and passport is for another country (which yes, would be fine) the issue is that each of those documents has a different place of birth, so there is a discrepancy. I am trying to understand how big of a deal that discrepancy is and what I can do to mitigate the risk of a K1 rejection. It would seem to me this is not that big of a deal considering the region and governments involved but I want to be sure. I am probably going to have to consult an attorney. If anybody has any recommendations for the Boston area please shoot me a PM.
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