Fiancee has sister in US illegally - DS156 question 37

[dave_21061 0]

Hi,

I have received the NOA2 for my fiancee Maria and am now filling out the K1 application forms for her. Question 37 on the DS156 asks if she has any relatives in the US. She has a sister who came here eight years ago and who stayed after her visa expired. I'm not sure what type of visa her sister came on - her godparents who were US citizens brought her into the country. They told her she could go to school here (she was college age when she came), but wound up putting her to work in their home so she eventually ran away and today lives and works illegally.

Has anyone else been in this situation? Maria is worried about her sister getting in trouble. I don't think this is likely because there are ten million people here illegally and the government is not going to track one of them down because she is mentioned on a visa application. Still my fiancee worries about getting blamed for something bad happening to her sister.

Of course we also worry about this causing her visa to be denied. I would think if we were honest about it it shouldn't be a big mark against her - she isn't responsible for what her sister did years ago. On the other hand if we lie about it I think it would be much worse if we were caught than if we were honest. Theoretically they could tell she has a sister here since her visa application would have the same parents on it and her visa expired and there is no record of her leaving the country - although I doubt the government is this organized.

Maria is a Filipina who is working in Israel, so it would be the Tel Aviv embassy staff who would be reviewing this.

Any advice and stories of others similar experience would be much appreciated. Things have gone very good so far with the application so far but this question is causing us a bit of stress - she is particularly worried about her sister.

Thanks,

Dave

[j&js 0]

Has the family been in contact with the sister? Like do you all know where she is and what she is doing or did she just kind of run away from everybody and they have no idea?

[dave_21061 0]

Maria is still in touch with her sister, and her sister is still in touch with the family that sponsored her visa, although not on good terms with them because they are holding her passport and other papers and won't give them to her. Her sister is trying to get some sort of legal status although I don't know any of the details of that.

[ufkenmill 0]

Contact an immigration attorney, end all the speculation... This is a serious issue obviously.

[gimygirl 0]

this is an extremely tricky situation ... i suggest you consult with an experienced immigration atty on how to proceed with an answer in this situation. there is NO one here that can effectively answer it for you.

best of luck to you!

[j&js 0]

I agree, contact an attorney.

Also, for the sister, you said she is trying to obtain some kind of legal status, so I am sure she is on top of this, but there are organizations out there to help people from other countries for various immigration issues that may be similiar.

I know in Boston there is an organization for Irish immigrants, they provide legal aide, etc. and give recommended donation amounts but charge no actual fees for those who can't afford them. I know that they helped a friend of a friend of mine who was here illegally, but wanted to get legal and get married. It is a completely above-board organization, they just help you get through all the legal hoops and file the correct paperwork, etc. I am sure that there are similiar places around the country for different groups. If she is not already involved with one it might be a good idea to try to find something like that, a simple search on the web would probably turn something up.

Good luck!

[apeach601 0]

The best adviced that I can give you is to contact an immigration attorney

[nordicwolf 0]

yep this is immigration attorney area.. u really need one.....

[anya-D 8]

just curious...

how can her sister try to get some kind of legal status when all her passport and papers are with her US family??

contact the atterny would be the best thing to do ^^

[tamara143 1]

hi there,

i, too, have the same problem. i don't think you're different at all. my brother has been illegally staying in the us for four years now. i was not aware that he went to the usa since i studied and worked abroad for ten years. i just came back to the philippines last year to process my K1 visa application since my fiancé would like for us to get married. i had found about it, also, learned that he's still in contact with my mother and some of the members of the family. the only thing right now, i and my family don't know where his whereabouts.

what should i do? my fiancé and i are planning to start working on my visa.

kindly help me!

Hi,

I have received the NOA2 for my fiancee Maria and am now filling out the K1 application forms for her. Question 37 on the DS156 asks if she has any relatives in the US. She has a sister who came here eight years ago and who stayed after her visa expired. I'm not sure what type of visa her sister came on - her godparents who were US citizens brought her into the country. They told her she could go to school here (she was college age when she came), but wound up putting her to work in their home so she eventually ran away and today lives and works illegally.

Has anyone else been in this situation? Maria is worried about her sister getting in trouble. I don't think this is likely because there are ten million people here illegally and the government is not going to track one of them down because she is mentioned on a visa application. Still my fiancee worries about getting blamed for something bad happening to her sister.

Of course we also worry about this causing her visa to be denied. I would think if we were honest about it it shouldn't be a big mark against her - she isn't responsible for what her sister did years ago. On the other hand if we lie about it I think it would be much worse if we were caught than if we were honest. Theoretically they could tell she has a sister here since her visa application would have the same parents on it and her visa expired and there is no record of her leaving the country - although I doubt the government is this organized.

Maria is a Filipina who is working in Israel, so it would be the Tel Aviv embassy staff who would be reviewing this.

Any advice and stories of others similar experience would be much appreciated. Things have gone very good so far with the application so far but this question is causing us a bit of stress - she is particularly worried about her sister.

Thanks,

Dave

[motu 5]

I know of another K1 whose fiance's sister was here illegally (overstayed and is now seeking asylum or something like that) and her attorney advised them not to mention anything in their K1 - mind you it was the illegal's attorney not the k1s. Do what you think best as it is a tricky situation but the k1 visa is for your fiance it doesn't matter who else is here legally or illegally - I don't think USCIS has the time to look into your relatives mentioned or not mentioned on the forms but I could be wrong. Good Luck

Edited April 9, 2006 by motu

[rejane 1]

immigration attorney... I msure he ill be able to answer your question...

Good luck...

[dave_21061 0]

Hi all,

Thanks for all the information. I just wanted to follow up with what I found out. We talked to two lawyers and both said that we should list it and that it should not affect my Fiancee's case. Well she had her interview last week and they didn't ask anything about her sister. She just picked up her visa today! So from everything I have found I would say it should be listed because the worst thing that can happen is that they catch you in a lie!

Dave

[Jenn! 918]

Hi all,

Thanks for all the information. I just wanted to follow up with what I found out. We talked to two lawyers and both said that we should list it and that it should not affect my Fiancee's case. Well she had her interview last week and they didn't ask anything about her sister. She just picked up her visa today! So from everything I have found I would say it should be listed because the worst thing that can happen is that they catch you in a lie!

Dave

Glad it worked out for you!

Congrats!

[Kez/JWolf 6]

I would list it.... because not to is as good as telling a lie....

Truthful is the only way or it will come back to bite you.....

Kezzie