I think I have to cancel my k1 petition, HELP!

[JAPrincess 27]

and from here: http://www.thailawforum.com/articles/waiver.html

GENERAL GROUNDS FOR INADMISSIBILITY

Grounds for inadmissibility can be brought against undocumented individuals, non-citizens seeking re-entry, and non-citizens seeking a green card. Legal Permanent Residents attempting to apply for naturalization will likely have difficulty if they are found inadmissible because of criminal grounds. Criminal grounds include those that can be generally classified into the following categories:

1. A single crime deemed morally reprehensible.

2. Any controlled substance law violation.

3. Two or more convictions with combined prison sentences of five years or more.

4. Suspicion of being involved in the trafficking of illegal drugs.

5. Having engaged in an illegal occupation such as prostitution.

6. Habitual users of drugs

[Gary and Alla 3,694]

Some places GoGo bar = prostitution.

Rejected on moral turpitude grounds, if she was a prostitute, maybe, but working in a GoGo bar in itself is not grounds for rejection.

However, with that said - to the OP - who told you it was going to get rejected?

I have been informed that if I withdraw the current petition, I can file a new one that will reflect on the situation better

To me, this statement means you intend to make false statements on your petition, not a good thing to do.

(also leads me to believe that the embassy didn't tell you about the rejection, someone else did, because if they have your petition all ready, making a new one changes nothing).

Now these things could make a difference, but I would still go to the interview. Let the consulate say it is a problem, not some unreliable source. A new petition won't change anything, and changing information (lying) on a new petition is sure to spell big trouble. Being a dancer is not a problem, having a police record for prostitution would be quite another thing.

[JAPrincess 27]

and from here: http://www.thailawforum.com/articles/waiver.html

GENERAL GROUNDS FOR INADMISSIBILITY

Grounds for inadmissibility can be brought against undocumented individuals, non-citizens seeking re-entry, and non-citizens seeking a green card. Legal Permanent Residents attempting to apply for naturalization will likely have difficulty if they are found inadmissible because of criminal grounds. Criminal grounds include those that can be generally classified into the following categories:

1. A single crime deemed morally reprehensible.

2. Any controlled substance law violation.

3. Two or more convictions with combined prison sentences of five years or more.

4. Suspicion of being involved in the trafficking of illegal drugs.

5. Having engaged in an illegal occupation such as prostitution.

6. Habitual users of drugs

From that same link:

In practice, this means that if the applicant has a work history that includes employment at a hostess bar or other establishment that engages in prostitution it may be determined that the applicant was involved in prostitution and the decision to exclude or not exclude the applicant is at the discretion of the consular officer. Even if an applicant for a fiancé visa does not admit to prostitution it is possible for the consular officer to make that conclusion independently based on the applicant having indirectly received the proceeds from prostitution or simply because the consular officer suspects that was the case. Either way, the applicant could be rendered inadmissible.

A new petition won't change anything, and changing information (lying) on a new petition is sure to spell big trouble.

[JAPrincess 27]

Certainly, if the applicant admits to working in a “go go” or hostess bar they may be excluded based on association with prostitution. However, if the applicant withholds such information from the USCIS and then is nevertheless determined excluded by the consular officer because of suspicion of engagement in prostitution, then the applicant must overcome excludability from prostitution as well as falsifying a visa application.

The USCIS does not have an official policy that is available to the public concerning “bar girls” or women who have had employment in hostess or “go go” bars. Individuals and their situations are evaluated on a case by case basis by the consular officer handling their cases.

[sjr09 155]

I just found out last night that my fiancee's visa will be denied because she used to work at a go go bar, I have been informed that if I withdraw the current petition, I can file a new one that will reflect on the situation better. We don't need judgement, just advice. We are both good people, she did what she had to in order to feed her baby after the father beat her nearly to death and left them in the street. I don't know what to do now, there is so much at stake here.

Why do you say it will be denied? Whats on her NBI record you did say she works at a bar so I know what that means.

Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals.

It is of great importance for immigration purposes, as only those offenses which are defined as involving moral turpitude are considered bars to immigration into the U.S.

If some thing is on her NBI record how can you change that to reflect better situation?

Edited June 10, 2009 by sjr09

[brlukath 1]

There is no reason to cancel your petition. However, at the consular stage of the process you should be prepared to present compelling evidence that your SO did not engage in prostitution (i.e. that the go-go bar was not an undercover brothel).

Personally, I would engage an attorney to do the research for me (but as an attorney that is always my advice), but the USCIS and the BIA actually post all of their written decisions in appeals online, which will help you determine how the standards are being evaluated. The consular officers official manual is also available online.

If your SO did engage in prostitution rendering her inadmissible, you NEED to hire a lawyer to help you explore your waiver options.

Edited June 10, 2009 by brlukath

[sjr09 155]

I just found out last night that my fiancee's visa will be denied because she used to work at a go go bar, I have been informed that if I withdraw the current petition, I can file a new one that will reflect on the situation better. We don't need judgement, just advice. We are both good people, she did what she had to in order to feed her baby after the father beat her nearly to death and left them in the street. I don't know what to do now, there is so much at stake here.

excuse me, but why would they deny her for that? And by what source could you possibly find this out? And withdrawing or not will make little difference on another petition and what do you mean "reflect the situation better"? To say truthfully your post makes no sense and I hope you will no tdo anything hasty.

Most if not all go go bar are a place of prostitution. So if anytning is on her NBI record then Moral Turpitude may come into play?

[josh383 0]

Thanks everyone for your quick responses. I was told that she was going to be denied by an attorney who turned up in a google search on the subject, he said it would be denied without a question...the only way to avoid it would be to withdraw and refile using the coporate name of the company who owns the bar...I have since consulted several other attorneys who have told me it will not be immediatley denied, I am planning on retaining her (the attorney) services, which to me seems prudent at this juncture...and she only worked there for 3 mnths until we met (outside of the bar), and no she never collected any bar fines...if that seems a bit defensive, I guess it is, and that's because I love her with my whole heart. 1 more thing, the first lawyer wanted $2800, the one I decided to go with, who has just helped a couple in a similar situation as my own, only requires $1000...

[brlukath 1]

Only advice I can give with respect to choosing a lawyer would be to find a reputable attorney with lots of immigration experience with beneficiaries from the Philippines. If you want to check out her rep, call the Michigan (I assume that is where the lawyer is licensed) bar.

[sjr09 155]

Thanks everyone for your quick responses. I was told that she was going to be denied by an attorney who turned up in a google search on the subject, he said it would be denied without a question...the only way to avoid it would be to withdraw and refile using the coporate name of the company who owns the bar...I have since consulted several other attorneys who have told me it will not be immediatley denied, I am planning on retaining her (the attorney) services, which to me seems prudent at this juncture...and she only worked there for 3 mnths until we met (outside of the bar), and no she never collected any bar fines...if that seems a bit defensive, I guess it is, and that's because I love her with my whole heart. 1 more thing, the first lawyer wanted $2800, the one I decided to go with, who has just helped a couple in a similar situation as my own, only requires $1000...

Bar fines don't have anyting do with a NBI record Bar Fines is an old term used by the bar it's slef. The girls work in the bar as dancers for FREE but when a John wish to take them out of the bar then the bar would fine her money, part of the cost of service. So have her get a NBI Cert. 1st.

Edited June 10, 2009 by sjr09

[uglygirlpo 0]

hi, i never heard of being denied for working in a bar...I don't think that will affect the petition for as long as the intention of being together is genuine...just be honest about everything. they dont actually ask what's your gf's job or former job during the interview...they ask how and where did u guys meet....i wish you both good luck...don't give up......god bless...

[josh383 0]

Thanks everyone for your quick responses. I was told that she was going to be denied by an attorney who turned up in a google search on the subject, he said it would be denied without a question...the only way to avoid it would be to withdraw and refile using the coporate name of the company who owns the bar...I have since consulted several other attorneys who have told me it will not be immediatley denied, I am planning on retaining her (the attorney) services, which to me seems prudent at this juncture...and she only worked there for 3 mnths until we met (outside of the bar), and no she never collected any bar fines...if that seems a bit defensive, I guess it is, and that's because I love her with my whole heart. 1 more thing, the first lawyer wanted $2800, the one I decided to go with, who has just helped a couple in a similar situation as my own, only requires $1000...

Bar fines don't have anyting do with a NBI record Bar Fines is an old term used by the bar it's slef. The girls work in the bar as dancers for FREE but when a John wish to take them out of the bar then the bar would fine her money, part of the cost of service. So have her get a NBI Cert. 1st.

She received her NBI 2 days ago...no problems...

[Gary and Alla 3,694]

and from here: http://www.thailawforum.com/articles/waiver.html

GENERAL GROUNDS FOR INADMISSIBILITY

Grounds for inadmissibility can be brought against undocumented individuals, non-citizens seeking re-entry, and non-citizens seeking a green card. Legal Permanent Residents attempting to apply for naturalization will likely have difficulty if they are found inadmissible because of criminal grounds. Criminal grounds include those that can be generally classified into the following categories:

1. A single crime deemed morally reprehensible.

2. Any controlled substance law violation.

3. Two or more convictions with combined prison sentences of five years or more.

4. Suspicion of being involved in the trafficking of illegal drugs.

5. Having engaged in an illegal occupation such as prostitution.

6. Habitual users of drugs

From that same link:

In practice, this means that if the applicant has a work history that includes employment at a hostess bar or other establishment that engages in prostitution it may be determined that the applicant was involved in prostitution and the decision to exclude or not exclude the applicant is at the discretion of the consular officer. Even if an applicant for a fiancé visa does not admit to prostitution it is possible for the consular officer to make that conclusion independently based on the applicant having indirectly received the proceeds from prostitution or simply because the consular officer suspects that was the case. Either way, the applicant could be rendered inadmissible.

A new petition won't change anything, and changing information (lying) on a new petition is sure to spell big trouble.

The key words here are "disgression" and "may" I would let the consulate make the call.

[sjr09 155]

hi, i never heard of being denied for working in a bar...I don't think that will affect the petition for as long as the intention of being together is genuine...just be honest about everything. they dont actually ask what's your gf's job or former job during the interview...they ask how and where did u guys meet....i wish you both good luck...don't give up......god bless...

Working in a bar as a hostess, I don't think it will affect the petition but I dont think I would put that down as her occupation, if she has been convicted of prostition ie. working in a bar then yes it will.. Moral tupitude falls into play.

[sjr09 155]

Thanks everyone for your quick responses. I was told that she was going to be denied by an attorney who turned up in a google search on the subject, he said it would be denied without a question...the only way to avoid it would be to withdraw and refile using the coporate name of the company who owns the bar...I have since consulted several other attorneys who have told me it will not be immediatley denied, I am planning on retaining her (the attorney) services, which to me seems prudent at this juncture...and she only worked there for 3 mnths until we met (outside of the bar), and no she never collected any bar fines...if that seems a bit defensive, I guess it is, and that's because I love her with my whole heart. 1 more thing, the first lawyer wanted $2800, the one I decided to go with, who has just helped a couple in a similar situation as my own, only requires $1000...

Bar fines don't have anyting do with a NBI record Bar Fines is an old term used by the bar it's slef. The girls work in the bar as dancers for FREE but when a John wish to take them out of the bar then the bar would fine her money, part of the cost of service. So have her get a NBI Cert. 1st.

She received her NBI 2 days ago...no problems...

Best of luck to you hope it all works out.