Wife breached F1

[austinh89 0]

So i guess this is my personal story, and I'm here of course to ask for advice on what i could be doing, have done better, etc. My wife came to the USA from Kenya in 2007 on a f1 student visa. Her mom basically paid for her first semester, put her on the plane telling her she's going to school. The flaw was expecting she would be able to obtain enough money working the campus jobs to pay for the majority of her following semesters. My wife got her cna and took up a job in order to make it by. In the semester before we meet she had to skip a semester in Jan of 2009 to build up the money for another semester. Around September the same year she got a letter saying she breached her visa by her unauthorized employment and skipping the semester and would be seeing a judge. We meet and began our relationship in may 2010. She filed to get her f1 reinstated before we meet and was denied. The topic of her immigration came up eventually of course and me then knowing nothing about immigration and she knowing little herself, she told me she's had many friends who have gone before a judge before for skipping a semester before and worse and all have basically came out with a bit of a warning and a slap on the wrist but nothing to concerning as long as you show your still attending school full time, which she was. First court hearing, judge says he doesn't have all the proper paper work on her and basically gives a comeback later. We've been living together some time and we get engaged. Second court date she's ordered voluntary departure. We are devastated not knowing anything, and begin our research, i get a passport thinking I'm going to go to Kenya with her (i don't to hold a job for the later affidavits of support). We get married in court. We file a i-130 Dec 13, 2011. She departs voluntary Feb 13, 2012 by order to leave by Feb 16. I know this isnt very detailed and has alot of grammatical errors, but i hope this covers the jist of it enough to gain some feedback, my baby is calling me on webchat...

[Gigli2008 70]

So i guess this is my personal story, and I'm here of course to ask for advice on what i could be doing, have done better, etc. My wife came to the USA from Kenya in 2007 on a f1 student visa. Her mom basically paid for her first semester, put her on the plane telling her she's going to school. The flaw was expecting she would be able to obtain enough money working the campus jobs to pay for the majority of her following semesters. My wife got her cna and took up a job in order to make it by. In the semester before we meet she had to skip a semester in Jan of 2009 to build up the money for another semester. Around September the same year she got a letter saying she breached her visa by her unauthorized employment and skipping the semester and would be seeing a judge. We meet and began our relationship in may 2010. She filed to get her f1 reinstated before we meet and was denied. The topic of her immigration came up eventually of course and me then knowing nothing about immigration and she knowing little herself, she told me she's had many friends who have gone before a judge before for skipping a semester before and worse and all have basically came out with a bit of a warning and a slap on the wrist but nothing to concerning as long as you show your still attending school full time, which she was. First court hearing, judge says he doesn't have all the proper paper work on her and basically gives a comeback later. We've been living together some time and we get engaged. Second court date she's ordered voluntary departure. We are devastated not knowing anything, and begin our research, i get a passport thinking I'm going to go to Kenya with her (i don't to hold a job for the later affidavits of support). We get married in court. We file a i-130 Dec 13, 2011. She departs voluntary Feb 13, 2012 by order to leave by Feb 16. I know this isnt very detailed and has alot of grammatical errors, but i hope this covers the jist of it enough to gain some feedback, my baby is calling me on webchat...

I think she still has a chance to come back, if both of you can prove that she did not marry you for the purpose of staying in the country. The good thing is that she did not overstay her visa and she left voluntarily before her ordered date, so I do not see a ban in this case. Document your relationship every single day. If you can, go to Kenya and also spend some time there with her. It will make things easier for the both of you in your relationship. If I were both of you, I would have waited to file the I-130 after two years of marriage together. But, due to the timeline between her immigration problem with her F1 visa and your marriage and subsequent filing of the I-130, there is a chance that your first petition for her may be denied. Unless she is pregnant which sort of solidifies your relationship, otherwise, I predict the USCIS will probably stretch this out to past 2 years if you are still married, to see if your relationship is real.

I will put a disclaimer here that I am in no way an expert on these matters. But seeing how others in your situation have ended up in their visa journey is the sole basis of my comment above.

I wish you well in your endeavor to bring your new wife back to you.

[austinh89 0]

Thank you for the response. Yea one of our main concerns was if she will hit the three year ban. I am still learning bits here and there but, would the days of illegal presence begin as soon as she breached her f1 visa? That's what we fear may get a ban response bc we are unsure of the exact dates from when i guess you would say she officialy broke the conditions of the f1 visa and when the immigration court process started.

[Gigli2008 70]

Thank you for the response. Yea one of our main concerns was if she will hit the three year ban. I am still learning bits here and there but, would the days of illegal presence begin as soon as she breached her f1 visa? That's what we fear may get a ban response bc we are unsure of the exact dates from when i guess you would say she officialy broke the conditions of the f1 visa and when the immigration court process started.

From reading from others' posts, it looks like a three year ban would be for those who overstayed their visa by 1 year. But according to your post it looks like your wife had not reached the end of her 4 year F1 visa and was asked to leave before the four years were over because she did not attend one semester of her school. Am I correct so far on the 4 year F1 visa situation? If my assumption is correct, then she did not accummulate illegal presence, but rather breached the conditions of her visa.

[VanessaTony 3,567]

Unless she is pregnant which sort of solidifies your relationship,

No it doesn't. It proves SHE had sex. There is no proof it is his or that he was involved in the process of making said hypothetical child.

[VanessaTony 3,567]

First court hearing, judge says he doesn't have all the proper paper work on her and basically gives a comeback later.

We've been living together some time and we get engaged.

Second court date she's ordered voluntary departure. We are devastated not knowing anything, and begin our research, i get a passport thinking I'm going to go to Kenya with her (i don't to hold a job for the later affidavits of support).

We get married in court. We file a i-130 Dec 13, 2011. She departs voluntary Feb 13, 2012 by order to leave by Feb 16.

I know this isnt very detailed and has alot of grammatical errors, but i hope this covers the jist of it enough to gain some feedback, my baby is calling me on webchat...

Well, whether she has a ban depends on how much overstay she was determined to have. I doubt she has any but you'll find out at her visa interview. She is lucky that she left by voluntary departure as deportation DOES have a ban so she avoided that one.

Unfortunately you got engaged and married while she was going through proceedings so they COULD assume that it's for immigration purposes BUT the fact that she left works well for her as does any evidence you have that you've been dating for a while before all this went down (and not that she's using you to come back to the states).

So just go through all the proper channels. Remember you WILL need to get a job to earn enough to support her or find a co-sponsor who will. Start saving 'cause there will be some other fees during the process (medical etc).

Good luck!

[Gigli2008 70]

No it doesn't. It proves SHE had sex. There is no proof it is his or that he was involved in the process of making said hypothetical child.

I know that. I should have added that after baby is born and DNA proves he is the father. Then it would be a solid relationship.

[VanessaTony 3,567]

I know that. I should have added that after baby is born and DNA proves he is the father. Then it would be a solid relationship.

No unfortunately. Obviously it helps that it IS his child but it doesn't prove that it's a solid relationship. Just proves they had sex that resulted in a child. Unfortunately it has happened before that an immigrant would have a child (sometimes not even wanting a child but sometimes obviously they do) so said child would be an "anchor baby" (not that that term is true anymore) or get them child support to remain in the US or sometimes get it paid overseas (some countries have child support arrangements with the US), or "prove" a legit relationship. The biggest one I remember is a chick having twins and the father found evidence that it was just for immigration purposes after she left him (and the kids).

Long story short - if there's a child... GREAT! Congratulations! but it's just one factor, not a huge one either.

[Gigli2008 70]

No unfortunately. Obviously it helps that it IS his child but it doesn't prove that it's a solid relationship. Just proves they had sex that resulted in a child. Unfortunately it has happened before that an immigrant would have a child (sometimes not even wanting a child but sometimes obviously they do) so said child would be an "anchor baby" (not that that term is true anymore) or get them child support to remain in the US or sometimes get it paid overseas (some countries have child support arrangements with the US), or "prove" a legit relationship. The biggest one I remember is a chick having twins and the father found evidence that it was just for immigration purposes after she left him (and the kids).

Long story short - if there's a child... GREAT! Congratulations! but it's just one factor, not a huge one either.

Let's not get too pessimistic into thinking that the op's wife is using him for a green card. Let's be optimistic that in this case they are in fact in love with each other and that if she were to have his baby, that they are indeed in a solid relationship and (BOTH) want to be a family. In this case, I don't see reason for USCIS to deny the petition.

In your example, the father of the twins was doubting the relationship, in the first place. In this case, the OP has not mentioned anywhere that he is doubting the relationship.

Edited March 21, 2012 by Gigli2008

[Harsh_77 718]

You would need to have a solid case, coz in your case she was caught working out of campus from what I understood, which is not allowed on F1 and she was not attending the college.

She knew she was in major trouble at that time and from your post it seems you guys got married after she was ordered volunteer departure.

This makes the case more difficult and raises all the flags of the case being fraud and you guys entered into marriage for her to remain in US.

[Krikit 1,165]

Moving from Bringing Family Members to Effects of Major Changes..... a good source for information there. Good luck.

[VanessaTony 3,567]

Let's not get too pessimistic into thinking that the op's wife is using him for a green card. Let's be optimistic that in this case they are in fact in love with each other and that if she were to have his baby, that they are indeed in a solid relationship and (BOTH) want to be a family. In this case, I don't see reason for USCIS to deny the petition.

In your example, the father of the twins was doubting the relationship, in the first place. In this case, the OP has not mentioned anywhere that he is doubting the relationship.

I'm not at all implying that. USCIS DOES however often assume immigration fraud unless you can prove/show otherwise. I'm just pointing out that a child doesn't really overcome that assumption of fraud. They need more than that. Given they lived together PRIOR to her being arrested, this is good evidence

also, in my example I don't recall the father of the twins doubted the relationship. I just recall she left and THEN he found out it was all fake.

**Edit - This is a thread from today: http://www.visajourney.com/forums/topic/358738-fiance-was-cheating-while-pregnant/ that explains what I mean about pregnancy not being an indicator of a legit relationship

Edited March 21, 2012 by Vanessa&Tony

[austinh89 0]

I'm loving all the information to consider. Yes our relationship is legit ( i get it that i have to prove this to ucis though). We lived with another for somewhere just under a year before her departure and the marriage was unrelated. As i understood it it would be the same case for a fiance as well. It was for us. Are there any surefire ways maybe not thought of as often but effect as evidence of a relationship. So far we have pictures from her with me and my family during Christmas, at amusement parks, football games, 2 family reunions, a birthday,Easter, etc, just a few around the house,, and we share the same bank account. I also have, but haven't turned in with the 1-130 but plan to have if any further evidence is needed or a interview comes up. Records of phone calls, and text when she was here to show our day to day communication. And i plan on printing out rebtel records, we call another least 3 times a day. If i could i'd find a way to print out our instant messenger and web chat records, but im not sure if thats possible atm. I don't suppose they allow you to bring in your tablet to show your fring, tango, and nimbuzz records? I also send her money to pay for internet and cell phone to keep in contact, along with a lil extra of course for the whatever.

[Gigli2008 70]

I'm loving all the information to consider. Yes our relationship is legit ( i get it that i have to prove this to ucis though). We lived with another for somewhere just under a year before her departure and the marriage was unrelated. As i understood it it would be the same case for a fiance as well. It was for us. Are there any surefire ways maybe not thought of as often but effect as evidence of a relationship. So far we have pictures from her with me and my family during Christmas, at amusement parks, football games, 2 family reunions, a birthday,Easter, etc, just a few around the house,, and we share the same bank account. I also have, but haven't turned in with the 1-130 but plan to have if any further evidence is needed or a interview comes up. Records of phone calls, and text when she was here to show our day to day communication. And i plan on printing out rebtel records, we call another least 3 times a day. If i could i'd find a way to print out our instant messenger and web chat records, but im not sure if thats possible atm. I don't suppose they allow you to bring in your tablet to show your fring, tango, and nimbuzz records? I also send her money to pay for internet and cell phone to keep in contact, along with a lil extra of course for the whatever.

This is probably really bad advice, but the timing of her immigration problems and marriage WILL be frowned upon by USCIS, as even though YOU KNOW they are un-related, the USCIS may not see it that way. If I was in your shoes, I would not send in the I-130 yet (if you haven't already).

Rather, If I was in your shoes, I would continue to build the foundation of your relationship further, by even going to Kenya to visit her and her family. Get photos' of you and her family this time. Kenya has certain cultures that could work in your favor if you get involved in the marriage traditional cultures. Depending on what tribe she is from, pictures of events where you're being traditionally accepted by her family would definitely work to your advantage.

[together4evr 360]

When she got a job... did she mark anywhere on the application that she was a citizen of the USA?