Mwamba

4 minutes ago, EA and MK said:

Honestly, you don't need a lawyer. I had a lawyer, and they make so many mistakes that add extraordinary levels of stress. Not to mention they take thousands of dollars from you. 

 

This is how it will go down: you need to pay them and fill out an "intake sheet" with all biographical information about you, your wife, kids, etc. They will then ask you to compile all relevant evidence. They will then literally transcribe the info you provide them to the I-130 and I-130A. That's all they do. Then you will get charged again for them to transcribe that same info to DS-260 and I-864. Now, will it be done right? Not always; they may make typos or miss info and you may not even get a chance to review until after they sent the packet.

 

If you wanna throw money away try an American lawyer. They will need to fill out G-28 and I don't think they can if they aren't registered with a US State bar. 

Ok. You make lots of sense. I'll do this myself. If in doubt, I'll bring my questions here. I think that is the best way to go. Once again, thank you @EA and MK 🙏

On 7/31/2022 at 7:04 PM, CitizenY said:

Jesus. Can the US government do its best to process Spousal Visa's faster? Why is it considered acceptable to spend 2 years to in order to reunite with your spouse. 

Besides that, I was checking the visa appointments in Kenya, the next open windows are about 1 year away! So even if we start now, my family won't sit infront of a visa officer until after a year, then the 2 years wait... I dont think I'll get them to USA until 2025! Oh my God! But I'll wait. Patience is the Key now!🙏

On 7/28/2022 at 11:52 AM, EA and MK said:

I don't know who told you this was a good idea, but (not trying to be rude) stop listening to con artists. You only get one chance to establish a trustworthy relationship with the US government. Trying to pull this nonsense will eventually lead to trying to do other crazy things that eventually will get your wife banned permanently. And only cause someone said it was a "good" idea.  There are great tools and resources available on this site to help navigate the petition process. Read and follow that. 

Some scrupulous lawyer told me! I regret listening or not finding out from others. Truly regret it. I spent money, lost time and had the worst experience of my life!!! Anyway, thanks to the many in this site, I now feel confident that I'm on the right track! Thanks again @EA and MK

On 7/28/2022 at 2:25 PM, JeanneAdil said:

just marry in Kenya in October

u can't start the spouse visa till u consummate the marriage on that visit so there is no point in trying to hurry-it -up  by doing the Utah zoom

I investigate the Utah option, unfortunately, it won't work for us! However, it's good info. We'll marry in Kenya and consummate the marriage there and then start the process of F2A Visa. The question that I'm still in doubt about is whether I should do the Visa application myself, or hire a lawyer - and where do I hire this lawyer - in USA or in Kenya? I'm strongly inclined to hiring a lawyer. I don't want to give a chance to any single mistake.

Question for you and other members here (please don't tell me to do this myself). Where do I hire the lawyer? Kenya or USA? And please give me a reason(s) why?

Thanks to all of you!

On 7/28/2022 at 2:39 PM, carmel34 said:

One more word of advice after reading all the excellent suggestions posted so far.  Given your circumstances, I strongly suggest that you spend as much time together as possible after you get married and file an I-130 petition for a spousal visa.  Make multiple visits to be together, and document all of those visits (original boarding passes, passport stamps, hotel receipts, a few photos together).  Time spent together, in person, will be a big factor in your favor.  Some financial co-mingling, as much as you can do while living in separate countries, would also be a good idea.  You will have two opportunities to submit evidence that your marriage is bona fide--with the initial I-130 petition, and a year or more later, at the NVC stage.  Good luck!

Very true... but we have so much evidence that we know each other, from way back in years. I met Emily in June 2005!!! And we have been off and on together for so many years. For those who understand tribalism, it was the root cause of us not getting married. My family would not let me marry from her tribe! And I listen to my family - a big life mistake! But here we are again rejoined! Thanks so much for your recommendations!

On 7/29/2022 at 3:43 AM, Dashinka said:

I was thinking about this as well, but as @SusieQQQ pointed out there is an advantage of remaining an LPR in this situation as the minor children would be derivatives of the F2A instead of requiring separate I130's as an IR1/IR2.

Yes, I'm not gonna apply for citizenship until they are here & they have a green card -then we apply all of us! I can do everything I need to do in USA with green card - except a few things that aint life-mandatory (there's a word like that!)

1 minute ago, Dashinka said:

I don’t have any added advice as you have received very good advice from all the great members here already including The Pope a.k.a. @African Zealot.  I wish you good luck on your journey!

@Dashinka Indeed! I truly appreciate the great advice given including, as you said it, from none other than The Pope a.k.a @African Zealot!!! 🤣🤣🤣 Thanks!!!

4 minutes ago, carmel34 said:

One more word of advice after reading all the excellent suggestions posted so far.  Given your circumstances, I strongly suggest that you spend as much time together as possible after you get married and file an I-130 petition for a spousal visa.  Make multiple visits to be together, and document all of those visits (original boarding passes, passport stamps, hotel receipts, a few photos together).  Time spent together, in person, will be a big factor in your favor.  Some financial co-mingling, as much as you can do while living in separate countries, would also be a good idea.  You will have two opportunities to submit evidence that your marriage is bona fide--with the initial I-130 petition, and a year or more later, at the NVC stage.  Good luck!

@carmel34 Very great advice! I'm truly glad I made this posting - now I have a way forward. It may take long but I know I'll have my family together. I can't wait to make a posting here that we're together! Thanks again!!!

11 minutes ago, JeanneAdil said:

just marry in Kenya in October

u can't start the spouse visa till u consummate the marriage on that visit so there is no point in trying to hurry-it -up  by doing the Utah zoom

@JeanneAdil Yap, that's the plan now. Thanks! 

1 hour ago, beloved_dingo said:

Why is this the 2nd thread I've seen today where a lawyer told someone to commit visa fraud! Even the same "wait 60 days" advice. In many cases I'd say "trust a lawyer" over advice from random strangers on the internet. But VJ is the exception. 

 

@Mwamba Lots of great advice here for you, and I wish you and your future wife well going forward. Stick with what you learn here and you'll be fine! 

@beloved_dingo Thanks!!! You bet - I'm sticking with the advice given here.

34 minutes ago, Ontarkie said:

~~One post removed.  It is English only in the main forum, so please keep all comments in English. Also do not post any type or personal information at all on VJ. Anyone can read the forums and some do not have the best intentions.~~

@OntarkieNoted with thanks! 

5 minutes ago, SusieQQQ said:

Exactly - the electronic record is there forever 

plus

being refused entry for immigrant intent has zero impact on being granted an immigrant visa. Of course it would be a problem if they attempted any future non immigrant visas.

Makes perfect sense! Great advice here!!!

I wanted to post this here as it was the numbers that were entered on their passports - for others maybe who can: 212(a)(7)(A)(i)(I) Inadequate Documentation | Visarefusal:

212(a)(7)(A)(i)(I) Inadequate Documentation

This section of the immigration law is rather simple. And on its face, standing alone, seems innocuous. Invoked by the airport or land border Customs and Border Protection (CBP) inspector, a visa holder denied entry to the US under this provision is usually being advised: “You do not have the proper visa, so I am revoking your current visa. Go back to your home country and receive a different type of visa.” Or for visa-free entrants under the Visa Waiver Program (VWP), the CBP inspector is in essence advising: “You are not a valid candidate as a visitor under the Visa Waiver Program. You need to apply for an appropriate visa.” But often unspoken are the real-world consequences of such a decision.

Firstly, if the CBP inspector subjects a visa holder to expedited removal, this decision carries a 5-year bar to entering the United States. If the CBP inspector decides that the visa holder or Visa Waiver Program entrant committed fraud or a material misrepresentation, that finding is a permanent bar. The respective articles on this website and professional legal assistance should be referred to promptly after such a decision.

If only a Section 212(a)(7)(A)(i)(I) decision was made, this usually means that the individual was allowed to withdraw his application for entry. The CBP inspector permits this when the individual made an innocent mistake, did not intend to purposely violate US laws, or answered the questions of the inspector honestly. The inspector revokes the visa by physically cancelling it under Section 22 CFR 41.122(e)(3). The overwhelming majority of these cases relate to holders of B visitor visas or visitors entering under the VWP who, in the view of the CBP inspector, plan to study, work, get married, indefinitely stay, or otherwise remain in the US. But in making this decision, the inspector is informing the US consul in the person’s home country: if we had not stopped this person, there was going to be a violation of law. This black mark will accompany the applicant the next time he/she applies for a visa.

If the individual had previously received a visa, then the consul will revisit the information indicated in the previous visa application. Did the applicant indicate in that application that he or she was planning to visit grandma for two weeks, stayed for five months, and then tried to return again after a week outside the US? This may call into question the applicant’s original intent when he or she applied for a visa. If the consul finds that there was a willful, material misrepresentation — regardless of whether the CBP inspector did or not — then a permanent bar could be handed down.

If not, the applicant will need to prove his/her qualifications for the visa. By staying for a long period of time in the US, the consul may decide that any tourist or student visa application should be denied under 214(b) so that the applicant can “re-establish” ties to the home country. Before applying for a work visa, a job offer must be secured or arranged or a business must be opened and usually, a petition must be filed with USCIS and approved. H-1B visas for professionals are limited in number and not easy to come by. H-2B visa applicants are also subjected to a “ties” analysis by the consul. E, L, O, and P visas are similarly hard and time-consuming to obtain. If the applicant has a US citizen “significant other” in the US, then a fiancée or marriage visa can be obtained after a process that can take a year or more.

Needless to say, even when the CBP inspector does not make an expedited removal or misrepresentation decision, a 212(a)(7)(A) finding alone has serious consequences. Contact us to discuss your situation.

29 minutes ago, African Zealot said:

There are no technicalities involved her. Keep it simple and what is on paper. Technically I am the pope, I am just waiting to finalize it. 😆

 

The lawyer not only needs to refund your money, she needs to rewrite the board exam and sign on to VJ as an unpaid intern for one year before giving advice on immigration. That 30/60 day rule by Department of State in any case has been replaced by a stricter 90 day rule. In any case USCIS are not bound by DOS rules and they state that explicitly although they indicate it is an analytic tool.  Additionally, she also actively asked you commit fraud.

 

 

You've received excellent advice here, good luck.

@African Zealot Indeed! Excellent advice. I think we'll be OK. Thanks for the good luck wishes!!!

Mwamba

5 minutes ago, Misscloud said:

even with new passport, still the same person / info / data.

do it the right way...DONT LIE,  DONT DO FRAUD

 

Gotcha! Wish us luck! And thanks again!

Mwamba

Just now, Pinkrlion said:

Still fraud - lying about revoked visa

Yap. We'll just use the passports that we have. Cheers!

Mwamba

1 hour ago, Pinkrlion said:

a LPR that divorced a US Citizen where they obtained their LPR status cannot apply for a new spouse until they have held LPR status for 5 years or until they have obtained Citizenship.  Even if you tried to marry and adjust in the US, it would have been denied if you have not had your LPR status for 5 years.  

 

Since you have divorced a US Citizen, you cannot apply for Citizenship for 5 years.  

@Pinkrlion Thanks!!!

1 hour ago, SusieQQQ said:

This ^^ it often makes sense to stay a LPR when petitioning a spouse with derivatives. 
 

@SusieQQQ Thanks!!!

1 hour ago, EmilyW said:

Don't just get a refund.  Report them to their local association.  What they suggested is immigration fraud.

@EmilyW Thanks!!!

1 hour ago, arken said:

Even you are admitting that their plan was to marry and stay in the US so the CBP was not in the wrong to send them back.

 

You are not a USC so fiance visa is not allowed. The only option is to marry her. She can't just apply for spousal visa after marriage. You have to petition for her and her kids will be derivatives to her case. The process takes 1.5 - 2 years. If you become a USC, you have to petition for all three separately.

@arken Thanks!!!

1 hour ago, powerpuff said:

~~ Topic moved from Vietnam regional sub forum to Bringing Family members of permanent residents - OP is a green card holder ~~

@powerpuff Thanks!!!

1 hour ago, Jorgedig said:

They were rightly denied entry.  That's not how US immigration is done.

 

You need to petition them properly.  It will take AT LEAST two years before they can get immigrant visas.

 

As a green card holder yourself, I'm surprised you went into this without a legitimate plan for them to immigrate.

 

You can marry in any country where it is legal/where she can travel to.  It would be a 'destination wedding.' however;  you would not be 'going to the local USA embassy'  in that country for a visa.

 

I strongly suggest you begin reading and researching this process.  Lack of education about it has already cost you time and visa revocation.   It is an expensive and time-consuming process, and not just a matter of a plane ticket.

@JorgedigThanks!!!

2 hours ago, Misscloud said:

1. if u married ( no 2) u cant apply for fiance visa. fiance only if u havent get married

2. u cant apply visa in a country if you are not resident / legal residences in that country

3. u can do utah online wedding, visit her in her country to consumate the marriage and APPLY spouse visa ( roughly 18 months- 2 years)

 

immigration journey is expensive and take patience. nothing is fast / express

 

@MisscloudThanks!!!

11 minutes ago, EA and MK said:

I don't know who told you this was a good idea, but (not trying to be rude) stop listening to con artists. You only get one chance to establish a trustworthy relationship with the US government. Trying to pull this nonsense will eventually lead to trying to do other crazy things that eventually will get your wife banned permanently. And only cause someone said it was a "good" idea.  There are great tools and resources available on this site to help navigate the petition process. Read and follow that. 

@EA and MK - that's why am here. Actually, I got recommendation from a friend about starting a thread here - so some advice is good. I just need to be really careful from now going forward. There's just too much "con-information" out there with people who feel they're "experts!" Am glad I started this thread and I appreciate all the good advice given. 🤗

1 minute ago, Crazy Cat said:

Absurd.  Ignore that person for immigration advice.

@Crazy CatThanks!!!

Another question:

WRT her passports, because the passports were marked with "Revoked Visa", do you recommend that they get new passports? Someone mentioned that it may be a good idea to get new passport that have no markings.

Mwamba

8 minutes ago, canadian_wife said:

 

You have to travel to Kenya anyway, either with option 1or 2. You cannot file after a Zoom wedding until AFTER you have met in person. 

 

Good luck 

I see - noted! Thanks @canadian_wife!

9 minutes ago, Pinkrlion said:

a LPR that divorced a US Citizen where they obtained their LPR status cannot apply for a new spouse until they have held LPR status for 5 years or until they have obtained Citizenship.  Even if you tried to marry and adjust in the US, it would have been denied if you have not had your LPR status for 5 years.  

 

Since you have divorced a US Citizen, you cannot apply for Citizenship for 5 years.  

I finalized my divorced in Maryland State in November 2016 - that's over 5 years. I think I should be good now. What do you think?

Another question about the wedding - just thinking about it, I think here are my options:

1. Go to Kenya & get married there in person - civil marriage - expensive as I have to travel to Kenya.

2. Do Utah Online Wedding here in USA - not expensive.

Which one do you guys recommend? And why?

Thanks,

Mwamba