CVincent901

4 hours ago, Family said:

Hopefully you were/will also let your wife know…

Of course

Thank you, everyone for the info and suggestions. Today I will be contacting the embassy to withdraw the application and the affidavit of support. One more question. Where do I find the A- number? I can't seem to find it.

44 minutes ago, SusieQQQ said:

Normally they would always allow access to a US citizen who needs to talk to an official.  Obviously, make sure you take your passport as ID. If i were you I would go before Thursday. 

Yes, I will (if I can't get someone on the phone tomorrow).

Just now, ROK2USA said:

I wish you good luck. I would call the staff embassy tomorrow.

I would also send an email to the immigrant visa section.

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/LMA-Lima.html

do not give your wife any original documentation relating to you (i864/ tax transcripts/ proof of status/ domicile) 

this will slowdown the case as they won’t be able to approve her visa until they see ALL originals. 
I would also accompany her to the interview. They might allow you in…. Then you can speak to the CO directly. 

She already has all of the documents. If I am unable to get in touch with someone in the next 2 days I will go to the embassy and try to get into the interview.

5 minutes ago, Rocio0010 said:

I understand wanting to keep your identifying info private, but the info you’re not giving is actually the info needed to provide you with sound advice. 

I understand. To be completely honest, when I wrote the original post I was still considering moving forward with the process. That's why I provided false information. I understand that wasn't the best thing to do. Now that I have decided what I need to do, I am no longer concerned with concealing the actual details.

3 minutes ago, ROK2USA said:

Are you being truthful about the country being Argentina or is it another country? 
some countries allow the US citizen spouse to join the interview and enter the building. 
Also some countries require the beneficiary brings original copies related to the i864 while others don’t. 
If your partner is still scheduled for the interview, don’t give her the documents related to i864 and the visa won’t be approved until you give the consulate those documents. 
of course, if you have not been honest and the embassy is not In Argentina this advice will not be helpful. 

No, I'm not in Argentina. I'm in Peru. My wife has all of the documents. I am going to call the embassy in the morning. I can't seem to find an email address on the embassy website.

38 minutes ago, ROK2USA said:

In your previous post you stated the interview was in January... 

Are you sure it is this Thursday? 

 

I deliberately changed some of the details because I was unsure what I was going to do and didn't want anyone to be able to identify me based on the specific information I shared. Now that I am clear about what I need to do, I am less concerned with concealing the specific details. The interview was always scheduled for Thursday.

5 minutes ago, Jorgedig said:

I have seen this advice here on VJ:  you can send an email, with something in the subject line like “URGENT/FRAUD” with your spouse’s name or A #.

 

btw, immigrant visas aren’t given same-day.   There will be a period of administrative processing.   
 

Another option would be to send an urgent message to your US senator/congressperson, to see if they can get a message to the consulate quickly.

 

So you’re in her country now?   And you signed the affidavit of support, etc?

 

I would thinking showing up would work as well; even if they don’t let you in, maybe explaining things to security would get a phone call made.

Yes, I am in her country, and yes I signed the affidavit. (It was all legit at the time the paperwork was filed. The breakup happened subsequent to all of that.)

Thanks for the advice. If I don't get confirmation that my communications have been received I will go to the embassy on Thursday as well.

I posted the other day about my very unfortunate situation regarding my soon-to-be-ex-wife's visa application. The situation is that we are separated and planning to divorce, but we are still legally married, and we are scheduled for an interview at the embassy THIS THURSDAY. I learned through the responses to my inquiry that I am on the verge of committing immigration fraud, and I now wish to take all possible steps to prevent the process from moving forward. The problem is that my wife refuses to cooperate and is planning to go forward with the interview without me. She has all of the documents and she is the only one with access to the embassy appointments website, so I cannot cancel the interview without her cooperation.

I am planning on writing an email to the embassy tonight and calling them on the phone tomorrow. I am also thinking of going there in person tomorrow just to make sure I cover all of my bases (although I doubt I will be able to speak to anyone since I don't have an appointment). My fear is that my email may not get read in time and/or I may not be able to get anyone on the phone. Does anyone have any advice for other steps I should take to make sure the embassy is fully aware of the situation before my wife shows up for the interview on Thursday?

1 minute ago, Lynxyonok said:

 

It sounds like your mind had been set prior to coming to the forum.

 

Please at least talk to a lawyer.

Good luck.

My mind is not made up at all. This thread has given me a lot to think about, and I would say I am much less likely to move forward as planned as a result of the feedback I have gotten here. And I will DEFINITELY consult a lawyer soon!

2 minutes ago, Lynxyonok said:

I am going to assume that this is your first child. Feel free to correct.

 

I'm also going to assume that none of your friends have lived through a recent divorce. Potentially as you are young. Again, I may be wrong.

 

So, here goes.

 

Post-divorce laws in United States are severely stacked for the child and against the parents.

Child's welfare takes precedence over everything.

You're going to be limited in your job choices, in your living arrangements, etc. You wouldn't even be able to take a child out of the county or state without her consent.

(Do realize I'm oversimplifying 1,000s of legal volumes into 5 sentences, so errors and omissions are running galore right now).

 

If you think your life is tough right now, it's going to become much, much worse.

 

I am all about family. I'm all about loyalty and duty.

 

Your duty is not to give your parents a heart attack in the next few months.

 

It pains me to say this, but there are other women of child-bearing age on the planet.

Yes, first child. I am a child of divorce and know countless people who have been through awful divorces. I have talked to all of them to get as much guidance as I can throughout this whole process.

I understand the different situation in the US regarding divorce, custody, etc., but I actually see that as an advantage. I have an established life in the states, and limitations on taking my child elsewhere would actually work to my benefit, since the worst case scenario for me would be that my wife gets to the US and then manages to take my child elsewhere in the US. As long as we establish residence where I live, many of those protections would help me rather than hurt.

4 minutes ago, Crazy Cat said:

I don't understand how her coming to the US to live solves all your problems.  In fact, I think that is going to create a lot of problems.  

I'm well aware that moving to the US won't solve my problems. I am choosing between very bad options. The only question is which is the least horrible. (Kind of like voting! Haha.)

3 minutes ago, Crazy Cat said:

Then, you are setting yourself up for some big headaches if you go forward with the visa.  It's on you.  I'm out.

This is why I am here exposing the most intimate details of my life -- to make the best decision possible. I would hope that those who have been through similarly difficult situations would have some empathy for my situation.

2 minutes ago, Lemonslice said:

So, you're considering fraud? Just because you think you won't get caught?

To be honest, yes. Doesn't mean I'm going to do it, but I am still considering all possible options.

1 minute ago, OldUser said:

@CVincent901 would it be better for your child if one of their parents was jailed or fined $250K? That's a high chance considering the circumstances.

Why do you believe it's a high chance? Given that we would both suffer very bad consequences if we did move forward and get caught, what kind of specific situation do you think would make such an outcome likely?

1 minute ago, Lynxyonok said:

Fascinating.

 

Perhaps the real question is, how did the two of you survive a quarantine but not a (I'm assuming) separation afterwards?

 

Being in quarantine with someone has got to be the best way to learn their inner world.

 

Thus, the question may not be "what to do now" but rather "what happened" and "can we go back".

 

People don't just burn bridges if they don't have a spare one on the side. And that bridge may have just made your likelihood of being apprehended by DHS and such. For people talk.

The marriage was never healthy, but it was real. The pregnancy was unplanned (while using contraception). And, for those in the peanut gallery, I am certain that the contraception was actually used and that it was not a "baby trap".

There is no chance of reconciliation.

1 minute ago, Lynxyonok said:

 

So do about 75 other people in the world, an Easter egg due to a finite number of viable genetic combinations.

 

As long as you're considering options one of which is incarceration for yourself, your ex-spouse, your parent(s), and the resulting lifelong handicap for your child, you need to be 100% certain.

There is no doubt in my mind on this point. Besides the resemblance, we were in quarantine at the time of conception and were literally never apart for any significant length of time. I understand why you're asking these questions, but I have zero doubt that I am my child's father.

1 minute ago, Lynxyonok said:

First of all, my hat's off to the bravery that OP has shown and their willingness to do everything possible for their child. That's worth respect.

 

That said, we live in the world of technology where everything is recorded. And in the times where USCIS and other agencies desperately need a whipping boy to showcase as the cause for their processing delays. An interview that's soon, a single male child, financial support drawn from mother, posted country of origin, and even potentially a name: it is possible that with minimum effort your identity is already available for authorities.

 

That said, immigration is a very drawn-out process, and up until she crosses the N-400 line (and in her case that'd be 5 years away), you're at risk of law coming to you all the way to 2028. Or longer. And since it may be your mother's money financing the process, she may be in jeopardy too.

 

Before I jump on the "divorce" bandwagon, I want to ask one question.

 

You said "any means necessary" when talking about your spouse.

 

Is the child yours?

Yes, there is no question about that. He looks exactly like me.

4 minutes ago, OldUser said:

The divorce means you will never have full time with your kid, whether they live in the US or not. What makes you think the kid will never live in the US fulltime? Did you determine whether the kid is a US citizen? Even if not, you can always sponsor them. You're the immediate relative.

Yes, my child is a US citizen. But I would need her consent to take my child out this country, and if I deny her what she wants she will probably withhold consent out of spite.

1 minute ago, Timona said:

You do know both of you are legally allowed visitation or to spend time with the kid/ kid visits each of you. Looks to me that you wanna play the knight in shining armor and bring her to US in hopes that she stays with you. I mean, why entice her with your parents $$, if that's not the case? The moment she smells your desperation, you're done for as @ROK2USA succinctly explained. You'll be bankrolling her and her new husband while crying on your bed each day because you signed up on it. She must be really hot for you to even even even, yes, I said it 3×, think of such a unfortunate way to quickly run mad, in financial ruin and early grave

 

Divorce her. Take her to court if he refuses to let kid see the other side if the family. Additionally, plant seeds at home. It may make your life easier and your parents can visit easily. 

 

Wake up.

 

I'm Mike-E-ing.

I have no desire whatsoever to be with her. I was the one who made the decision to split up. My only concern is to do what's best for my child (and secondarily for my parents). Lots of commenters on this thread are making it out like this is a no-brainer, but taking a step that will likely mean that my child will never live full time in the US is a very hard pill to swallow. I am leaning toward making what everyone on this thread thinks is the right decision, but it's an enormously difficult thing to do and will have lifelong consequences for my child, my parents and myself.

1 minute ago, JeanneAdil said:

your child (if u go thru the CBRA to prove thru DNA)  COULD (read the rules for this)  be  a US citizen

so, why wouldn't the child someday travel here when he is old enough to make this decision?

 

 

9 minutes ago, JeanneAdil said:

An individual will be charged with marriage fraud if they entered into a marriage for the purpose of evading U.S. immigration law. This felony offense carries a prison sentence of up to five years and a fine of up to $250,000, and applies to both foreign nationals and U.S. citizens who perpetrate this crime.

 

When u said the following, it shows her intent and marriage fell apart as she just wanted the visa

if u aid in this ,   read the above from ICE

 

https://www.ice.gov/sites/default/files/documents/Document/2016/marriageFraudBrochure.pdf

   

She would never do that. She doesn't care about legal consequences. She just wants to get to the US by any means necessary

 

 

 

I read the brochure. From what I can tell, our situation doesn't fit into any of the specific scenarios mentioned. The marriage was not fraudulent. We got married with the intention of having a life together and started the visa process with our marriage intact. The breakdown of the marriage is recent, so at least thus far we haven't made any fraudulent representations, although that would change if we go through with the interview and don't answer questions truthfully.

1 minute ago, ROK2USA said:

Take your mother out of the equation.

Is monetary support from the grandmother going to be part of the divorce settlement?

If nothing official or legal is set up, I can see your STBX requesting more money/a nicer car/expensive holidays back home for more visits with the grandbaby.

This arrangement seems destined to fail. 

 

I would divorce your wife now. Cancel the visa process. Maintain a relationship with your child. And when the child is older look into having them visit the US. 

 

 

I am definitely considering doing exactly what you recommend. I just want to gather as much information as I can before making a decision that is going to affect the life of my child forever. If I pull the plug on the visa process it probably means that my child will never live full time in the US. That's an almost impossibly difficult decision to make. I haven't made any decisions yet.

To answer your other question, yes, the idea was to make financial support part of the divorce agreement, in exchange for which my wife would agree not to pursue any additional support thereafter other than normal child support.

Just now, ROK2USA said:

If your wife and child move to the US and you divorce as soon as she arrives are you happy to support her?

Are you okay with supporting two households on (potentially) one income?

Which is more important? Your parents meeting your child or your financial future? 

 

We are fortunate that my mother is financially well off and is willing to make an indefinite commitment to supporting my wife and child, if that is what is necessary in order for her to have a relationship with her grandchild.

Another question. If I choose to tell the embassy about the situation (and thereby probably put an end to the spousal visa process), is there another pathway for my soon-to-be-ex to get an immigrant visa based on the fact that her child is a US citizen? If so, how would that work?

Given that the consensus seems to be that continuing with the process would be fraud, can anyone inform me of the likely consequences? What circumstances could lead to the government becoming aware of the fraud, and what would the likely punishment be?