cyclotheme

If there is an approved I130 there is no need to refile that same document for the same beneficiary.

As for the I212 being approved and the I601 denied, this baffles me. The FAM manual tells USCIS not to do this as there would be no point in approving the I212 if the I601 is denied.

If there is no USCIS office in the country the beneficiary lives in, wait until August of this year and file the I601 here in the US. If there is USCIS office in the beneficiary country file again at the consulate.

Is the child a minor child or an adult child? Is the parent a Citizen or LPR?

GET A NEW LAWYER

Hi, Sergi9:

The parent is a USC and the son is no longer a minor. I think the son came in for the first time EWI or someone brought him with a false passport. After that, he got a bona fide American birth certificate and made a passport with it, and somewhere along the line he also got a ssn and driving license. He went out of the country and re-entered just shy of his sixteenth birthday.

I do not know why the I-212 was approved and the I-601 denied. I believe this was an error. I also do not know why the consulate accepted the waiver and sent it on to Delhi to begin with. I know he has refiled the I-130 and is eager to file that I-212 somewhere because that's what happened the first time.

On a related note, I really question whether it will ever be possible for the boy to re-enter given the circumstances. If you have ever heard of this ever happening, do you know a lawyer who could do it?

Thanks,

Cyclo

Most important what country was the fake passport . If it was a US passport then the son has a LIFETIME ban for false claim to US citizenship and the father should save his money and not feed the lawyers.

Yes, thanks, I tend to agree. Please see my last post, I didn't want to post my thoughts twice in the interests of keeping a simple thread.

Cyclo

Hi,

I am trying to help my husband's friend who is trying to bring his son over. The friend really got jerked around by, not one, but 2 lawyers, and he wants to understand what to do next. Here's the story in a nutshell:

His son came here EWI as a minor. He subsequently procured false documents and had a passport made, which he used one time to travel back and forth to his home country. He was ultimately deported after getting into a fight at school,because both boys were arrested and it was found that his documents were false

The father filed an I-130 at some point, which was approved, but he was denied at the interview.

The lawyer filed the I-601 and the I-212.

The I-212 was approved, and the I-601 was denied. ( Go figure. )

The man paid a lawyer to file an appeal, which was sent in a timely manner.

Every week the man called the lawyer and asked if there was any news. The lawyer said no.

After a year and a half, the man contacted the consulate that the appeal was sent to, to find out the status of the case, and they informed him that the appeal had been sent back just days after it was received, because the wrong payor name had been written on the cheque sent to pay the fee.

It had been sent back to the lawyer but the lawyer said he never got it. A year and a half lost.

The man emailed the consulate asking what to do next. They told him he has to refile. So he has sent the I-130, this time doing it for himself, he can't do any worse than what was already done, and he still has the photocopy of the first application.

He needs to know if he has to refile the I-212, and if so, where and when will he do that? He says that the first time, the I-212 was filed separate from the I-601, and in advance of it. I don't know why, or where the lawyer might have sent it.

Sorry for the long tale.

Thanks,

Cyclo

I'm confused so just bear with me.

Person is already married to USC, filed for CR-1 visa and while in their home country marries someone else (non-USC). GC is granted AFTER second marriage to non-USC. They don't disclose this fact to USCIS. Non-USC wife refuses to divorce.

If the above is correct no I haven't heard of it. Second marriage isn't valid. Person is only married once in the eyes of US BUT the fact the second marriage occurred doesn't really look very good. If non-USC wife or anyone else were to tell USCIS about the marriage then it's likely that status would be revoked based material misrepresentation (not disclosing married a second time - whether forced or not it occurred). It also doesn't look good because it shows the family does not approve of marriage to USC wife which some consulates take into consideration in some cultures. It also makes me wonder WHY the second marriage was forced. I've heard of "shot gun" weddings if a woman and a man have sex out of wedlock they're forced to marry, or if woman is pregnant etc.

OR are you saying that K1 visa was applied for and they married prior to entering on K1? Or are you saying that the person married the USC twice? Once in US to get Cr-1 visa and another time in home country?

Thanks for your reply. Yes, first scenario is correct. I agree that the second marriage is not valid in the eyes of the U.S. and even in Pakistan, where this happened, the husband is obliged to take the permission of the first wife before marrying the second, so technically it is not valid, although I can't imagine that somehow the courts wouldn't make some kind of zig-zag and uphold the second marriage anyway.

Things like this happen all the time over there, where people are forced to marry their first cousins because it's better for the family. They can keep all the money and the land in the family and use each other rather than let money or land or influence go to people outside of the family. Regarding being forced, I think in America we tend to think that someone will hold a gun to the person's head and they will sign the document, but more likely they will threaten the person that they will kill one of their family members, and they know that this will begin a feud that will find all the person's brothers dead before long. So they go along with it. If there is any hesitation, someone will get hurt, like someone's car will be strafed with bullets or their home, and maybe someone will be wounded, just to let the person know that this is a serious threat. There's no way out. It's a nightmare. These poor people are afraid that, after all this, they will be separated anyway if someone finds out he was forced to marry. I would tell them to consult with a lawyer, but how do you find a lawyer who is experienced with this? In the UK they have a forced marriage unit which is part of the government. Here there seems to be no provisions for that but this couple is not the only one, except I suppose the spouse usually just leaves the marriage because they can't cope with it.

Were they married to the US citizen prior to the forced marriage? Usually the US will recognize the first legal marriage and require them to divorce all other wives prior to applying for a visa. In this specific situation where the visa was already applied for prior to the second marriage I would have to defer to more legal minded persons.

The USC marriage was the first marriage. Second marriage was forced after some violence. Visa was granted; They are back together in the US and very scared; they don't want to divorce or be separated. If visa is revoked or marriage is discovered during AOS process, they can't go back to live in that country. They are afraid to do anything and afraid not to.

Have you ever heard of a situation where someone goes back to their country while visa is being processed and they are forced to marry against their will? GC is finally granted and they come to the US; the spouse realizes the marriage is forced and doesn't want a divorce.

Is there any likelihood that the forced marriage will be discovered and the person won't be able to become a citizen? Or should they tell the government? Problem is that it's very hard to prove that a marriage is forced, and of course the family is not sympathetic so they won't help to prove it. They know the marriage is forced and they think that is their right.

What do you think?

Thanks,

cyclo

My husband just came in March and got his in twelve days, although these results are not guaranteed. He came in to JFK.

What exactly were the charges? That will help people to explain.

Thanks, guys! I want him to go back to Pakistan, but he wants to try coming here. I'll let you know how it works out.

I only spent a short time talking to him, but it seems that they did open that envelope. How many envelopes do they send? Is it possible that they didn't open that one? But he says they did. I will talk to him more in depth now that it seems to be an issue. Any chance they will let him in if that one is opened?

If it turns out that the envelope that says, "do not open" was opened, will they let him enter? Or send him back?

Hi!

My husband and I went through the whole process of applying for marriage visa, he went back to Pakistan, filed i-601 for overstay, finally everything was done.

He booked a ticket back to JFK via Dubai as he has some business contacts there and wanted to touch base before coming back.

Although my husband BEGGED him not to, the customs officer insisted on opening the BROWN ENVELOPE.

He glanced inside and then resealed it with that tape that customs uses to show that something has been opened and inspected.

My husband sat outside the office of the customs inspector supervisor for six hours, waiting to see the guy and trying to get a letter stating that they had opened it, but he was refused.

I emailed the US embassies in Islamabad and Abu Dhabi, but it's the weekend by now and no answer.

I called USCIS and they know nothing.

What should we do? Is it essential that he go back to Islambad?

PLEASE ADVISE!

Thanks,

Cyclo