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Rob&Dri

DS-156 Question #37 illegal family member.

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Filed: K-1 Visa Country: Brazil
Timeline

So my Fiancees father left her and her family when she was about 5, she has not seen him since then. She does not really know a lot about her father, she does not even know his address. She talks to him on the phone every blue moon, but that is all the contact she has with him. She thinks he left on a tourist visa, but he has been living in the US illegally for a long time. She has heard from her other family members that he has been trying to become legal, but she is not sure.

Anyway, I know that we have to mark that he is in the US, we would never chance lying to the consulate, but the way the question is worded makes me a little confused. Should we mark that he is in the US, and say in the blank that he is illegal, or should we say in the blank that he is working. Because he is working, he is actually a pastor in a Brazilian church... it says in the instructions, that you are to mark yes or no and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.)

let me know what you guys think.

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So my Fiancees father left her and her family when she was about 5, she has not seen him since then. She does not really know a lot about her father, she does not even know his address. She talks to him on the phone every blue moon, but that is all the contact she has with him. She thinks he left on a tourist visa, but he has been living in the US illegally for a long time. She has heard from her other family members that he has been trying to become legal, but she is not sure.

Anyway, I know that we have to mark that he is in the US, we would never chance lying to the consulate, but the way the question is worded makes me a little confused. Should we mark that he is in the US, and say in the blank that he is illegal, or should we say in the blank that he is working. Because he is working, he is actually a pastor in a Brazilian church... it says in the instructions, that you are to mark yes or no and indicate that person's status in the U.S. (i.e., U.S. legal permanent resident, U.S. citizen, visiting, studying, working, etc.)

let me know what you guys think.

If she knows for sure that he is in US, then mark it. However if she is not sure about his whereabouts 100% I would just say "No". It is not lying if you are not sure about his whereabouts. I was going thru the security clearance and had the same situation as they were asking the location of my biological father, which I have no contact with, so I just put "unknown". I knew where he could be, but I wasn't sure. And I had no issues.

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"Trust in the LORD with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he will direct your paths." (Proverbs 3, 5-6)

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Filed: K-1 Visa Country: Brazil
Timeline

If she knows for sure that he is in US, then mark it. However if she is not sure about his whereabouts 100% I would just say "No". It is not lying if you are not sure about his whereabouts. I was going thru the security clearance and had the same situation as they were asking the location of my biological father, which I have no contact with, so I just put "unknown". I knew where he could be, but I wasn't sure. And I had no issues.

She is positive that he is in the US, its his status that we are not %100 about. She is pretty sure he is illegal, but do we need to say illegal, or working?

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You can say he is working if you know he works. You are not sure about the status and it is not your job to determine it. If they find that he is here illegally that is entirely their matter with him and it should not affect your application. To provide complete information you can add a letter, referencing the question number, and tell them that you are unsure of his status and offer what you do know for sure. Don't guess or assume, that can make a bad thing worse and open a can of worms. Just say you don't know where you don't know.

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

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11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

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02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

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Filed: K-1 Visa Country: Brazil
Timeline

I agree, if you are not 100% sure then just say you don't know, because you really don't.

United-States-of-America-LH.gif Bryan and Isabel Brazil-Brasília-National-Flag-RH.gif

Gonzalez

Our Timeline

03/02/2011 - Engaged

USCIS / VSC

12/20/2011: Sent I-129F to Dallas Lockbox

02/16/2012: NOA1 Received, Forwarded to Vermont Service Center

XX/XX/2012: NOA2

NVC

XX/XX/2012: NVC received

XX/XX/2012: Case number

US Embassy Rio De Janeiro

XX/XX/2012: Embassy received

XX/XX/2012: Medical

XX/XX/2012: Interview

XX/XX/2012: Visa in hand

XX/XX/2012: POE Newark, New Jersey

FkP5m4.png

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Filed: K-1 Visa Country: Brazil
Timeline

Thanks guys, we are going to add a supplement page and explain our situation. I am not to worried about it. I would hope they would not penalize us for something she had no control over. I mean we are trying to do it the right, legal way. Anyway, God is in control! I'll update this topic once we finish the interview to let everyone know!

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Filed: K-1 Visa Country: Brazil
Timeline

Thanks guys, we are going to add a supplement page and explain our situation. I am not to worried about it. I would hope they would not penalize us for something she had no control over. I mean we are trying to do it the right, legal way. Anyway, God is in control! I'll update this topic once we finish the interview to let everyone know!

Yes please do =)

Good Luck

United-States-of-America-LH.gif Bryan and Isabel Brazil-Brasília-National-Flag-RH.gif

Gonzalez

Our Timeline

03/02/2011 - Engaged

USCIS / VSC

12/20/2011: Sent I-129F to Dallas Lockbox

02/16/2012: NOA1 Received, Forwarded to Vermont Service Center

XX/XX/2012: NOA2

NVC

XX/XX/2012: NVC received

XX/XX/2012: Case number

US Embassy Rio De Janeiro

XX/XX/2012: Embassy received

XX/XX/2012: Medical

XX/XX/2012: Interview

XX/XX/2012: Visa in hand

XX/XX/2012: POE Newark, New Jersey

FkP5m4.png

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Filed: Other Country: Guyana
Timeline

Thanks guys, we are going to add a supplement page and explain our situation. I am not to worried about it. I would hope they would not penalize us for something she had no control over. I mean we are trying to do it the right, legal way. Anyway, God is in control! I'll update this topic once we finish the interview to let everyone know!

That sounds like the best Idea! ;)

Godspeed

Ro

Jun 02, 2011- Applied for I-129F (I-129F) Visa

USCIS

Jun 08, 2011- NOA1 Received I-129F

Jun 13, 2011- USCIS Acceptance confirmation (via Email)

Jun 16, 2011- Received NOA1 Hardcopy

Nov 15, 2011- Put in Service Request (Over 5months)

Nov 23, 2011- Response via email to SR (case "Pending")

Nov 28, 2011- Wrote letter to My district's Representative thru webpage (Gregory Meeks)

Dec 02, 2011- Went to the Local Reps office to have them look into the case further

Dec 07, 2011- Wrote email to the vermont service center ( the got back to me Dec 20, of course to tell me I was approved due to the congressman's inquiry)

Dec 08, 2011- Congressman/Local Rep's inquiry made

Dec 09, 2011- USCIS Text/Email with approval (NOA2) 6 months and 2 days

Dec 14, 2011- Receive NOA2 Hardcopy

NVC

Dec 14, 2011 NVC Received -Got Case number(YAY)

Dec 16, 2012 NVC Left

Consulate

Dec 28, 2011 Consulate Received Case

Dec 28, 2011 Packet 3 Received (via email upon my request)

Dec 29, 2011 Packet 3 Sent

Jan 05, 2012 Packet 4 Received

Jan 25, 2012 Interview

Jan 28, 2012 VISA IN HAND! Yay!

Feb 18, 2012 Hand in hand; NYC Bound to enjoy the COLD with me....staying warm of course *wink wink* \

Mar 24, 2012 OUR BIG DAY

May 07, 2012 Mailed AOS, EAD and AP( Express 2 day )

May 09, 2012 Packet received and signed for

May 11, 2012 Email/Text receipt

God you know my heart and its desire, I'll wait for your time :)

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Filed: K-1 Visa Country: Brazil
Timeline

As I promised, here is the update! We had the interview on Tuesday. We added a supplemental page for this question and just told the truth. When they checked our documents the second time. The guy that was checking them asked her about her father. She said that he is in the US, and then he asked if she has contact with him, and she said she talks to him on the phone but not very often. And that was all, she was approved, and the interviewer did not even ask about it! I hope this helps someone in the future!!

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