Spotting Fraud Before the Marriage

[ms_jinga_lala 0]

TBoneTX - Ty so much. That was helpful. That's why I've been asking the question because I really don't know what to think of all of this. I know he still gets very depressed every time he mentions or anything comes up about his visa. He's always been overly critical of himself but somehow reading what you type finally made some things sink in for me. I compliment him all the time and I always point out when he's done something well because I don't want to hear him say bad things about himself. He has told me a lot about what happened at the embassy, he's told me a couple of times but I don't know if it helped him enough.

Sachinky - You sound like me lol....I threw a few of my own temper tantrums over some of this and then right after was thinking...wth? lol. He's thrown a couple too and thankfully we are both able to let those go and laugh as soon as we realize what is happening. With his new job we barely get to talk. We went from 6-7 hours each day to less than 2 and most days it's only 3 short conversations. I would gladly go to India indefinitely if that was an option. And to be honest even though it's not an option I'm considering it anyway. Things are getting so bad here that I just don't feel I can take it alone anymore myself and I'm about to just say to hell with it all lol. Another big concern with that is filing for AOS and all that stuff. I only make about $2000 more than I need to sponsor him. If I quit work and leave for a while that will greatly affect the tax return I need to file all those papers. But that alone would not stop because I know there's a waiver for just about everything. But right now I have a child with mental health issues whose father won't sign for me to get him a passport to go (and he can't stay with his dad because his father is the cause of the issues). Ironic isn't it? My only crime in this visa process was being divorced with children and I can't even take them there to prove how much my kids care about my fiance as well. They even take his side over mine on way too many issues lol. Thanks for your input! I'm also terrified because if we have to start over that may mean I'll have to file a hardship waiver for the 2 year requirement and I know that is only going to complicate things further. I'm just praying for reaffirmation and I'm also praying that loser at the embassy gets everything he deserves in life.

[JimVaPhuong 4,863]

TBoneTX - Ty so much. That was helpful. That's why I've been asking the question because I really don't know what to think of all of this. I know he still gets very depressed every time he mentions or anything comes up about his visa. He's always been overly critical of himself but somehow reading what you type finally made some things sink in for me. I compliment him all the time and I always point out when he's done something well because I don't want to hear him say bad things about himself. He has told me a lot about what happened at the embassy, he's told me a couple of times but I don't know if it helped him enough.

Sachinky - You sound like me lol....I threw a few of my own temper tantrums over some of this and then right after was thinking...wth? lol. He's thrown a couple too and thankfully we are both able to let those go and laugh as soon as we realize what is happening. With his new job we barely get to talk. We went from 6-7 hours each day to less than 2 and most days it's only 3 short conversations. I would gladly go to India indefinitely if that was an option. And to be honest even though it's not an option I'm considering it anyway. Things are getting so bad here that I just don't feel I can take it alone anymore myself and I'm about to just say to hell with it all lol. Another big concern with that is filing for AOS and all that stuff. I only make about $2000 more than I need to sponsor him. If I quit work and leave for a while that will greatly affect the tax return I need to file all those papers. But that alone would not stop because I know there's a waiver for just about everything. But right now I have a child with mental health issues whose father won't sign for me to get him a passport to go (and he can't stay with his dad because his father is the cause of the issues). Ironic isn't it? My only crime in this visa process was being divorced with children and I can't even take them there to prove how much my kids care about my fiance as well. They even take his side over mine on way too many issues lol. Thanks for your input! I'm also terrified because if we have to start over that may mean I'll have to file a hardship waiver for the 2 year requirement and I know that is only going to complicate things further. I'm just praying for reaffirmation and I'm also praying that loser at the embassy gets everything he deserves in life.

There are a few things you seem to be misinformed about.

There is no waiver for not meeting the minimum income/asset requirements for the I-864 affidavit of support. However, you can get a joint sponsor who meets the minimum requirements. The requirements of the I-864 are straightforward, so you don't have to plead your case or beg for a waiver to get approved - just get a joint sponsor. Things are not quite so simple for the I-134 at the consulate, but that's a topic for a whole new thread.

There is no "hardship waiver for the 2 year requirement". If the two year limit applies to you then you simply have to provide a brief letter explaining why you are filing a second K1 petition within 2 years of having another K1 petition approved, and asking for the waiver. No hardship needs to be demonstrated. Unless you have a criminal history that would be covered by the IMBRA, the waiver is almost always granted.

Further, the waiver is usually not required if the second petition is for the same beneficiary as the first petition.

It sounds like a better option for you might to be marry your fiance and petition for a CR1. You won't have to wait for the K1 petition to be reaffirmed. You can file immediately after you're married. Just keep an eye on the K1 petition. If you end up getting a NOID instead of a reaffirmed approval, then you must file a rebuttal, even if you've already filed a CR1 petition.

[ms_jinga_lala 0]

There are a few things you seem to be misinformed about.

There is no waiver for not meeting the minimum income/asset requirements for the I-864 affidavit of support. However, you can get a joint sponsor who meets the minimum requirements. The requirements of the I-864 are straightforward, so you don't have to plead your case or beg for a waiver to get approved - just get a joint sponsor. Things are not quite so simple for the I-134 at the consulate, but that's a topic for a whole new thread.

There is no "hardship waiver for the 2 year requirement". If the two year limit applies to you then you simply have to provide a brief letter explaining why you are filing a second K1 petition within 2 years of having another K1 petition approved, and asking for the waiver. No hardship needs to be demonstrated. Unless you have a criminal history that would be covered by the IMBRA, the waiver is almost always granted.

Further, the waiver is usually not required if the second petition is for the same beneficiary as the first petition.

It sounds like a better option for you might to be marry your fiance and petition for a CR1. You won't have to wait for the K1 petition to be reaffirmed. You can file immediately after you're married. Just keep an eye on the K1 petition. If you end up getting a NOID instead of a reaffirmed approval, then you must file a rebuttal, even if you've already filed a CR1 petition.

The waiver I was referring to was for not having met in person within 2 years. I can't get back there right now and I fear by the time this stupid reaffirmation is done we will be dangerously close to the 2 year mark. I can't go marry him because India requires me to stay in the country there for 30 days before marriage. I know for the income I would need a co-sponsor if I went over there and stayed for a while as Sachinky had mentioned.