Do my own background check?

[Bob g 11]

I have been advised by an attorney to do my own background check and include it with the I129f petition. I have no criminal history or charges of any kind. I have one (more 10 years prior) divorce, and a bankruptcy (chap 7, discharged) about ten years back. I don't see in any of the guides that this is to be included with the I129f.

What do you think?

Also His staff recommends that my fiancee include the death certificate of her former husband even though they were divorced at the time of his death.

Huh??

And they want me to send in a copy of her notarial single certificate with the initial package. I see on the OF169 that this is required, with 1 year validity, at the consulate interview.

I don't get it. Anybody?

It seems to me that if we get the single cert now we will have to do it again closer to the interview date.

You have no criminal history, no need for any check. Death certificate, does not matter one way or another, but with Guz anything is possible. Single Cert will be needed at Interview, but sending a copy with your " I intend to Marry", would not hurt. Priority #1 is "bone fide relationship". Take your time getting your 129F together. Everything you send in,"front loading", with it, the Visa Officer will have an opportunity to view well before the Interview. Everything you send in, your Fiancee needs to understand better than the Visa Officer. Your Fiancee needs to practice how to respond to any question, not just answer, "yes, no, black, white, 5, 7,". Getting a Visa comes down to the "descretion" of the Officer, which means "personal opinion". Best of Luck,,,,,,,,Bob,,,,

[Casprd 167]

If the attorney is asking you to do a public records check then I would question just how well versed he is in the requirements for China or any country. Also, you show as filing for IR1/CR1, but you're talking about the 129f. Did you already marry in China and are going that route or are you trying to do a K1?

[JimVaPhuong 4,863]

I'm fairly certain the attorney he's talking about is Marc Ellis, and he definitely knows the consulates in East Asia quite well.

The reason he's suggesting a background check is so that you'll know what the consulate knows about you. As I said, they can use this information to look for conflicts with the information provided on the government forms, or to come up with questions for the interview.

I recall one case that went into AP because the consulate said there was evidence that the petitioner was still living with his ex-wife when he filed the petition, even though the petitioner claimed to be living somewhere else on the forms. Turns out he had moved into his parents house. He never did a change of address with the post office to have his mail forwarded, and didn't have a new lease, so his ChoicePoint records showed him still living with his ex-wife. He'd also known the beneficiary's family in the US, was introduced by a relative of hers, and his income was barely enough to qualify, yet he'd made three trips to Vietnam in less than a year. These are all potential indicators of a classic form of visa fraud, where a USC is paid by the beneficiary's family to help the beneficiary immigrate, and they temporarily divorce their spouse in order to be eligible to submit the petition. The consulate requested proof of his residences for the past 10 years, and proof of his ex-wife's residences, so it was obvious what they were thinking.

If you pull a copy of your report and you find errors in it then you can request that the errors be corrected.

[Married2009 32]

I'm running around in circles as fast as I can, I don't understand why I'm not getting there?

Hang in there! No other advice, just wanted to offer a bit of encouragement. It will probably get crazier before it gets better, but keep the end goal in your heart - being with your loved one.

[pushbrk 12,883]

I'm fairly certain the attorney he's talking about is Marc Ellis, and he definitely knows the consulates in East Asia quite well.

The reason he's suggesting a background check is so that you'll know what the consulate knows about you. As I said, they can use this information to look for conflicts with the information provided on the government forms, or to come up with questions for the interview.

I recall one case that went into AP because the consulate said there was evidence that the petitioner was still living with his ex-wife when he filed the petition, even though the petitioner claimed to be living somewhere else on the forms. Turns out he had moved into his parents house. He never did a change of address with the post office to have his mail forwarded, and didn't have a new lease, so his ChoicePoint records showed him still living with his ex-wife. He'd also known the beneficiary's family in the US, was introduced by a relative of hers, and his income was barely enough to qualify, yet he'd made three trips to Vietnam in less than a year. These are all potential indicators of a classic form of visa fraud, where a USC is paid by the beneficiary's family to help the beneficiary immigrate, and they temporarily divorce their spouse in order to be eligible to submit the petition. The consulate requested proof of his residences for the past 10 years, and proof of his ex-wife's residences, so it was obvious what they were thinking.

If you pull a copy of your report and you find errors in it then you can request that the errors be corrected.

If his attorney is Marc Ellis then we should conclude the attorney knows more about his specific case than we do and has good reasons for what he's doing. Why do you think Ellis is the attorney?

[Eric & Jin 10]

After reading your prior posts at some of the China specific sites, I would say that Marc has probably given you some sage advice. There are a couple of big red flags in your case that Guangzhou will focus on and including the death certificate of your fiancée’s former husband in your initial petition will help address one of those at the very beginning. My guess of Marc's recommendation to perform your own background check is just to rule out any other red flags - not sure if he actually wants you to include the results in your petition but rather just to rule out any other potential/unexpected issues.

Good Luck - I hope that all goes well with your case!

[Nik+Heather 121]

Regarding the background check:

I sort of thought of it like getting a mortgage. Do you need to submit your credit report with the paperwork? No, they'll look at it themselves. BUT, if you order your own credit report first, you might have an opportunity to see/address/correct any information in there which you feel may not be completely accurate.

All that said, I didn't do a background check on myself, and....I didn't get my credit report on my own before applying for a mortgage either, just pointing toward commonly given and widely accepted as a good proactive step in a somewhat analogous process.

[Darnell 8,478]

who is your attorney?

Give me the name and telephone # - happy to contact him and teach him all about I-129F petitions and GUZ IV.

If your attorney is Marc Ellis - never mind -

as

usually he recommends any petitioner to file for a background check, pay the fees, just to check in, and be certain is no 'prior life, financially, with any ex'

Seriously - if it's Marc Ellis suggesting this - it's gospel.

If it's someone else - post the name and # - I'll call them, have a longish chat over the phone, in real time.

Edited November 9, 2010 by Darnell

[Darnell 8,478]

If this lawyer was anybody else I would dismiss this advice. But he's well known here on VJ and works a lot with China and Vietnam. My fiancee, and I telephonically, had a consult with him while he was in GZ recently, and a flurry of emails after. I have not retained him, only paid for the consult. I wonder if there are new guidelines coming out of USCIS or something. Other than that??? I have no clue...

Then it is Marc Ellis.

Ok - here's some real poignant sh|t.

Do what Marc Ellis says, always.

There's more to yer case that you've not told us, and Marc will sort you out.

Forget VJ, forget USCIS, put your casefile in the hands of Marc Ellis (and do what he says)

and then stop posting on VJ.

Marc Ellis trumps all, when/if you pay attention to what he tells you.

Seriously.

[JimVaPhuong 4,863]

If his attorney is Marc Ellis then we should conclude the attorney knows more about his specific case than we do and has good reasons for what he's doing. Why do you think Ellis is the attorney?

Because of this post:

Thanks Gary, I agree with your thinking. If this lawyer was anybody else I would dismiss this advice. But he's well known here on VJ and works a lot with China and Vietnam. My fiancee, and I telephonically, had a consult with him while he was in GZ recently, and a flurry of emails after. I have not retained him, only paid for the consult. I wonder if there are new guidelines coming out of USCIS or something. Other than that??? I have no clue...

[C and Lore 3]

i agree about including the death certificate. especially if the divorce was from another country. i've read others on here have gotten RFE's because USCIS didnt recognize the divorce papers as such even though from that country they were. the death certificate only show's another means by which the marriage is legally terminated. worst case is that you sent an extra piece of info that they dont look at. best case scenario they say the divorce papers arent legally complete but accept the marriage terminated by way of death.

however i would not send a background check. anything you send will be vastly insignificant compared to what USCIS (DHS) can do on their own. furthermore i would think it's a bit of a red flag. if i was looking at someone who sent me a background check that was not requested, that i would do on my own anyway and they know i would do on my own, my questioning would be why would you send this, what are you hiding. i'm not saying all adjudicators are thinking that, but i wouldnt be surprised if there are that do. always remember, they are trained to think you are scamming until you show you arent. they are supposed to look at everything you send to show that you aren't scamming the system, and sending something like that could set off a red flag of what may you be hiding.

as far as china i dont see how for any country sending your background check could be helpful. they will get the background check that USCIS does anyway, and that's likely to be vastly more far reaching and indepth than anything an non-federal government person could provide.

bankruptcy is irrelevant especially at this stage. the petition could careless of your financial solvency at this point. this comes towards the interview stage. in addition, you're bankruptcy would only be considered as useful information if it shows that based on your current earnings the bankruptcy hurts your ability to support your beneficiary. being that yours is 10+ years ago (as you referenced) this is highly unlikely to be the case and they most likely will disregard it.

at this point your concern should be to show that you are free to legally marry each other, you both intend to marry within 90 days of entry, that you have met in person within last two years of petition filing date, you are eligible to file for requested benefit, and that you have an ongoing (non sham) relationship.

[Sisyphus 1]

OK Thanks everyone. I have recceived a clarification from the atty.

"No need to submit background check w/ petition.

Just see if there is any erroneous info on it that the consulate could use to

deny the petition. Financial entanglements, people living at your house,

criminal convictions, etc."

I will submit both the death cert of her ex and the single cert with the I129f just to be safe. Probably get an updated single cert nearer the interview as well.

[Sisyphus 1]

Then it is Marc Ellis.

Ok - here's some real poignant sh|t. why do you need to be rude?

Do what Marc Ellis says, always.

There's more to yer case that you've not told us, and Marc will sort you out.

Forget VJ, forget USCIS, put your casefile in the hands of Marc Ellis (and do what he says)

and then stop posting on VJ.

As far as I know, the purpose of a forum is to seek the advice and opinions of others, and I will continue to do so at my discretion.

Marc Ellis trumps all, when/if you pay attention to what he tells you.

No atty walks on water, everyone makes mistakes, Seriously. IMO anyone who accepts advice blindly is a fool.

[Darnell 8,478]

re: submitting 'stuff' for USCIS -

if it's not a USCIS form -

then make sure it's a PHOTOCOPY , a regular photocopy.

She's required to show originals on interview day, and if you send originals now, is big risk - stuff might get lost between USCIS/NVC/GUZ IV.

[Krikit 1,164]

Topic closed at the request of the OP.