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Filed: Country: Philippines
Timeline
Posted
well i dont know anything but when you filed for k-1 didnt you have to submit a cenomar of singleness does that tell when they do research if you had ever been married well an attorney would be able to help i am sure any way just a thought that might help you down the line good luck and prayers are with you

yes they do.... but the fact is.... I WAS NEVER MARRIED .... so even if they do research they're not gonna find out anything.... i guess i reAlly need to talk to a qualified immigration lawyer....

Filed: Country: Philippines
Timeline
Posted
You mentioned that their names never appeared during the process of the K1, meaning you only listed the names of your two children who are with you now. This is a big concern because if you file a petition for them to join you now, it would mean that you made false statements in your forms which most were under oath and thus might affect your current status on the ground of fraud.

With regards to your children's birth certificate, you can always file a petition before the court in the Philippines where they were born to correct the wrong entry. Since you are here, you can send a special power of attorney to a relative to file the same in behalf of you since your children are still minors. Hopefully, they are in the cusotdy of your family in the Philippines

You might want to see an immigration lawyer too to weigh your options.

Goodluck and hang in there, im sure there will be a lot of good replies that will somehow give you an idea of what to do. Godbless.

Myla

actually what you just said is what i'm worried the most. I don't want any conflict in my status right now... so i was thinkin' the best options are:

1. to seek an immigration attorney (which i can't hardly afford) or

2. to wait till i file my citizenship and get approved and petition my mom ( i dunno how long it'll take for her to be here) and she'll be the one to put them on her petition...

WHAT DO YOU THINK?

Posted
well i dont know anything but when you filed for k-1 didnt you have to submit a cenomar of singleness does that tell when they do research if you had ever been married well an attorney would be able to help i am sure any way just a thought that might help you down the line good luck and prayers are with you

yes they do.... but the fact is.... I WAS NEVER MARRIED .... so even if they do research they're not gonna find out anything.... i guess i reAlly need to talk to a qualified immigration lawyer....

yup all of us here got a point but guess what? its only a matter of opinion... myla is a lawyer lol so thats the closest good answer by far about talking to an immigration lawyer... and i agree its so easy for the kids to be here in the US because they're under 21 and their mom is here. the twist though is when you filed for a k1 visa, you only mentioned about your 2 kids... so now the USCIS knows that your 2 kids are with you right now, and will ask who are these another two? so its a big Question mark to them... or im hoping for a miracle and miracle do happens! so i know in the end, it'll be alright! good luck!

Citizenship N-400

4/15/2010- sent my N-400 via fedex overnight

4/16/2010- signed and delivered

4/29/2010- check cleared

Filed: Country: Philippines
Timeline
Posted
You mentioned that their names never appeared during the process of the K1, meaning you only listed the names of your two children who are with you now. This is a big concern because if you file a petition for them to join you now, it would mean that you made false statements in your forms which most were under oath and thus might affect your current status on the ground of fraud.

With regards to your children's birth certificate, you can always file a petition before the court in the Philippines where they were born to correct the wrong entry. Since you are here, you can send a special power of attorney to a relative to file the same in behalf of you since your children are still minors. Hopefully, they are in the cusotdy of your family in the Philippines

You might want to see an immigration lawyer too to weigh your options.

Goodluck and hang in there, im sure there will be a lot of good replies that will somehow give you an idea of what to do. Godbless.

Myla

Myla have a valid point in the highlighted quote but this saddens me. I'm a mother also and as a mother I could feel the longing in lho's heart. :(

It seems a good immigration lawyer would be your best option as of now. They know the process and the system better. It might be expensive but just think of how wonderful it will be to be with your kids again, that will be priceless.

I hope everything will be ok with you. I'm holding you in my thoughts and prayers. Stay strong always. God bless. (F)

you are very right.. Myla has a very VALID point.. which really are my concerns ever since... i guess i really need to talk to an immigration lawyer..this case is very complicated... thanks for all the advises i do appreciate it.

Filed: Country: Philippines
Timeline
Posted
well i dont know anything but when you filed for k-1 didnt you have to submit a cenomar of singleness does that tell when they do research if you had ever been married well an attorney would be able to help i am sure any way just a thought that might help you down the line good luck and prayers are with you

yes they do.... but the fact is.... I WAS NEVER MARRIED .... so even if they do research they're not gonna find out anything.... i guess i reAlly need to talk to a qualified immigration lawyer....

yup all of us here got a point but guess what? its only a matter of opinion... myla is a lawyer lol so thats the closest good answer by far about talking to an immigration lawyer... and i agree its so easy for the kids to be here in the US because they're under 21 and their mom is here. the twist though is when you filed for a k1 visa, you only mentioned about your 2 kids... so now the USCIS knows that your 2 kids are with you right now, and will ask who are these another two? so its a big Question mark to them... or im hoping for a miracle and miracle do happens! so i know in the end, it'll be alright! good luck!

i feel like crying this very moment... thanks guys for all the thoughts.... like what you said... miracles do happen... i do wish that things will get better.

Posted
well i dont know anything but when you filed for k-1 didnt you have to submit a cenomar of singleness does that tell when they do research if you had ever been married well an attorney would be able to help i am sure any way just a thought that might help you down the line good luck and prayers are with you

yes they do.... but the fact is.... I WAS NEVER MARRIED .... so even if they do research they're not gonna find out anything.... i guess i reAlly need to talk to a qualified immigration lawyer....

yup all of us here got a point but guess what? its only a matter of opinion... myla is a lawyer lol so thats the closest good answer by far about talking to an immigration lawyer... and i agree its so easy for the kids to be here in the US because they're under 21 and their mom is here. the twist though is when you filed for a k1 visa, you only mentioned about your 2 kids... so now the USCIS knows that your 2 kids are with you right now, and will ask who are these another two? so its a big Question mark to them... or im hoping for a miracle and miracle do happens! so i know in the end, it'll be alright! good luck!

i feel like crying this very moment... thanks guys for all the thoughts.... like what you said... miracles do happen... i do wish that things will get better.

We will be praying for you . Be strong and this too shall pass.

Removal of Conditions :

August 16, 2010 - Petition received by USCIS Vermont Center

August 20, 2010 - NOA1 received

October 4, 2010 - Biometrics

January 3, 2011 - Permanent 10 yr. Green Card Received.

Filed: Country: Philippines
Timeline
Posted
With due respect to Noelandtintin's comment. . old petitions are not stored in warehouses but are in fact recorded in the computer and system of the USCIS and the OP did state that she has lived here for 3 years now which is just really recently.

An example. Our friend had his second K1 petition. His first wife was chinese and he petitioned her 20 yars ago, of course they got divorced and his second K1 was just approved. In his NOA2 it states there that this is his second K1 . . . so the record is intact, even after 20 years. Knowing the system of the USA which is highly advanced, everything is stored not in a warehouse but in their files in the computer. Also, if she decides to petition her two children now, such benefit will be derived from her K1( the very reason why she is here now) , and not a separate petition.

I was being sarcastic with my warehouse comment but I doubt their database keeps a record of every actual fields on the I-129F forms.

And I though one could file for a citizenship after 3 years.

I'll have to disagree with you on the highly advance system of the US Immigration process.

The fact alone that she ommitted the names of her two children in the K1 can be considered as fraud, because she declared a false statement that of having only 2 children instead of 4.

I agree

In the BC, there is no entry whether or not the parents are married but there is an entry of the date of marriage of the parents, so the OP was right again in saying that it was falisified since there was actually no marriage. My nephew had to go to court to correct this entry because the date of his parents' marriege entered in the BC was wrong.

I didnt notice the "date of marriage" but you're right. I stand corrected.

I believe the OP's best option now is to seek the advice of an immigration lawyer regarding on what to do with the two kids left in the Philippines.

I agree again.

But here a suggestion to the OP. Dont despair. Hire a good competent attorney and I have no doubt you'll be reunited with your kids here in the states. I'm sure there's some sort of waiver your attorney could file for you.

I know of a pinoy who came here under a false name. He falsified everything starting from a false birth certificates from real goverment offices in the Philippines. Anyway, to make a long story short, his parents filed I-130 for him under his real name. The lawyer mentioned what he did (false name etc) on the I-130 and filed a waiver with it. It got approved.

So dont despair. USCIS has a higly advance system. If they approves people with false everything, they'll approve your kids.

Posted
You mentioned that their names never appeared during the process of the K1, meaning you only listed the names of your two children who are with you now. This is a big concern because if you file a petition for them to join you now, it would mean that you made false statements in your forms which most were under oath and thus might affect your current status on the ground of fraud.

With regards to your children's birth certificate, you can always file a petition before the court in the Philippines where they were born to correct the wrong entry. Since you are here, you can send a special power of attorney to a relative to file the same in behalf of you since your children are still minors. Hopefully, they are in the cusotdy of your family in the Philippines

You might want to see an immigration lawyer too to weigh your options.

Goodluck and hang in there, im sure there will be a lot of good replies that will somehow give you an idea of what to do. Godbless.

Myla

actually what you just said is what i'm worried the most. I don't want any conflict in my status right now... so i was thinkin' the best options are:

1. to seek an immigration attorney (which i can't hardly afford) or

2. to wait till i file my citizenship and get approved and petition my mom ( i dunno how long it'll take for her to be here) and she'll be the one to put them on her petition...

WHAT DO YOU THINK?

I believe number 1 is your best option right now. Godbless

Removal of Conditions :

August 16, 2010 - Petition received by USCIS Vermont Center

August 20, 2010 - NOA1 received

October 4, 2010 - Biometrics

January 3, 2011 - Permanent 10 yr. Green Card Received.

Posted
With due respect to Noelandtintin's comment. . old petitions are not stored in warehouses but are in fact recorded in the computer and system of the USCIS and the OP did state that she has lived here for 3 years now which is just really recently.

An example. Our friend had his second K1 petition. His first wife was chinese and he petitioned her 20 yars ago, of course they got divorced and his second K1 was just approved. In his NOA2 it states there that this is his second K1 . . . so the record is intact, even after 20 years. Knowing the system of the USA which is highly advanced, everything is stored not in a warehouse but in their files in the computer. Also, if she decides to petition her two children now, such benefit will be derived from her K1( the very reason why she is here now) , and not a separate petition.

I was being sarcastic with my warehouse comment but I doubt their database keeps a record of every actual fields on the I-129F forms.

And I though one could file for a citizenship after 3 years.

I'll have to disagree with you on the highly advance system of the US Immigration process.

The fact alone that she ommitted the names of her two children in the K1 can be considered as fraud, because she declared a false statement that of having only 2 children instead of 4.

I agree

In the BC, there is no entry whether or not the parents are married but there is an entry of the date of marriage of the parents, so the OP was right again in saying that it was falisified since there was actually no marriage. My nephew had to go to court to correct this entry because the date of his parents' marriege entered in the BC was wrong.

I didnt notice the "date of marriage" but you're right. I stand corrected.

I believe the OP's best option now is to seek the advice of an immigration lawyer regarding on what to do with the two kids left in the Philippines.

I agree again.

But here a suggestion to the OP. Dont despair. Hire a good competent attorney and I have no doubt you'll be reunited with your kids here in the states. I'm sure there's some sort of waiver your attorney could file for you.

I know of a pinoy who came here under a false name. He falsified everything starting from a false birth certificates from real goverment offices in the Philippines. Anyway, to make a long story short, his parents filed I-130 for him under his real name. The lawyer mentioned what he did (false name etc) on the I-130 and filed a waiver with it. It got approved.

So dont despair. USCIS has a higly advance system. If they approves people with false everything, they'll approve your kids.

First you disagreed with me about the advance system of the USCIS but your statement contradicts it , anyhow, hopefully the OP finds the best way to deal with this issue. It is indeed complicated. Godbless

Removal of Conditions :

August 16, 2010 - Petition received by USCIS Vermont Center

August 20, 2010 - NOA1 received

October 4, 2010 - Biometrics

January 3, 2011 - Permanent 10 yr. Green Card Received.

Filed: Country: Philippines
Timeline
Posted
With due respect to Noelandtintin's comment. . old petitions

I know of a pinoy who came here under a false name. He falsified everything starting from a false birth certificates from real goverment offices in the Philippines. Anyway, to make a long story short, his parents filed I-130 for him under his real name. The lawyer mentioned what he did (false name etc) on the I-130 and filed a waiver with it. It got approved.

So dont despair. USCIS has a higly advance system. If they approves people with false everything, they'll approve your kids.

First you disagreed with me about the advance system of the USCIS but your statement contradicts it , anyhow, hopefully the OP finds the best way to deal with this issue. It is indeed complicated. Godbless

he he. nobody gets my sarcasm. I still disagree with you on the advance system. There's thousands of thousand of illegals and undocumented people that comes to the US everyday and yet the legal ones like the OPs children, or our spouses, wait months and sometimes years to get through.

I gave an example of an "admitted" illegal who falsified everything to highlite the point, then I made a sarcastic remark towards the advance immigration system we have for actually approving the guy.

Throughout this proces at USCIS, Ive seen people get approve in two months and others in a year. I know of someone here in California who filed her I-130 a week before me and yet got approved 5 months ahead of me. You call their service line and they couldnt tell you anything more than whats in their online portal. highly advance system? I doubt it.

I hope you dont think these remark are pointed at you. Im just making a point that our immigration is not highly advance. It is actually, very very manual and it is very possible they wouldnt even look at the original I-129 petition the OPs husband had filed for her. I mean, I dont think they look at the I-130 application my dad filed for me 20 years ago when I submitted my wife's petition last year.

Anyway back to the OP, they are your legal kids. I "think" the fact that you did not include them in your K1 application before has no bearing. You could have been just "confused" when you were filing out the application. You could have just thought that they were asking for kids that will go with you. We're all humans and we make mistakes especially with the language barrier and all. I've seen a lot of much worse cases get approve. Just get a good lawyer. Dont hide anything from the lawyer and you'll be fine.

We're not supposed to advertise here in the forum so I'll PM you a link to a very good attorney. If your case is hopeless, he'll tell you and wont accept your case. But this guy is good. His main office is in LA but he also has an office in Makati. Good Luck!

Posted
With due respect to Noelandtintin's comment. . old petitions

I know of a pinoy who came here under a false name. He falsified everything starting from a false birth certificates from real goverment offices in the Philippines. Anyway, to make a long story short, his parents filed I-130 for him under his real name. The lawyer mentioned what he did (false name etc) on the I-130 and filed a waiver with it. It got approved.

So dont despair. USCIS has a higly advance system. If they approves people with false everything, they'll approve your kids.

First you disagreed with me about the advance system of the USCIS but your statement contradicts it , anyhow, hopefully the OP finds the best way to deal with this issue. It is indeed complicated. Godbless

he he. nobody gets my sarcasm. I still disagree with you on the advance system. There's thousands of thousand of illegals and undocumented people that comes to the US everyday and yet the legal ones like the OPs children, or our spouses, wait months and sometimes years to get through.

I gave an example of an "admitted" illegal who falsified everything to highlite the point, then I made a sarcastic remark towards the advance immigration system we have for actually approving the guy.

Throughout this proces at USCIS, Ive seen people get approve in two months and others in a year. I know of someone here in California who filed her I-130 a week before me and yet got approved 5 months ahead of me. You call their service line and they couldnt tell you anything more than whats in their online portal. highly advance system? I doubt it.

I hope you dont think these remark are pointed at you. Im just making a point that our immigration is not highly advance. It is actually, very very manual and it is very possible they wouldnt even look at the original I-129 petition the OPs husband had filed for her. I mean, I dont think they look at the I-130 application my dad filed for me 20 years ago when I submitted my wife's petition last year.

Anyway back to the OP, they are your legal kids. I "think" the fact that you did not include them in your K1 application before has no bearing. You could have been just "confused" when you were filing out the application. You could have just thought that they were asking for kids that will go with you. We're all humans and we make mistakes especially with the language barrier and all. I've seen a lot of much worse cases get approve. Just get a good lawyer. Dont hide anything from the lawyer and you'll be fine.

We're not supposed to advertise here in the forum so I'll PM you a link to a very good attorney. If your case is hopeless, he'll tell you and wont accept your case. But this guy is good. His main office is in LA but he also has an office in Makati. Good Luck!

Darn, I never know sarcasm when I read or hear one, lol. Just not used to it. I have to talk to you more then, hahaha. Anyhow, lets pray for the OP. .dont forget to pm her the name of the good lawyer, she needs it.

Removal of Conditions :

August 16, 2010 - Petition received by USCIS Vermont Center

August 20, 2010 - NOA1 received

October 4, 2010 - Biometrics

January 3, 2011 - Permanent 10 yr. Green Card Received.

 
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