Jump to content

17 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Denmark
Timeline
Posted

Yeah, Thank you for this..actually the wifes origin country was the same with the girl, so sounds really a hard situation....

Well, there are several issues. When the fiancee hands in evidence, she might be setting herself up for being scrutinized if she ever had to go to an interview.

The wife can still go overseas and return as long as her greencard is unexpired. The fiancee would have to mail the "evidence" to the embassy, and even if she did, they'd have to look at it and send it to the right place. The embassy will not let anyone in without an appointment letter. The wife doesn't have anything to do with the embassy unless she gives birth in her home country and needs to report it to get passport, or unless she loses greencard when visiting, or needs a re-entry permit.

It's just too much drama for me so I'll leave it at that and keep this reply neutral regarding immigration.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Ok, let's see if we got the story straight here...

US citizen male is married to a girl, presumably from the Philippines since most other people don't refer to "USEM" unless they're talking about the US Embassy in Manila. Marriage is on the rocks, but no divorce yet. US citizen male has hooked up with a new girlfriend, also in the Philippines. US citizen male wants to divorce wife and petition girlfriend for a visa. Wife is furious, she has evidence her husband has been fooling around, and she wants to notify the "USEM" that her husband's girlfriend was fooling around with a married man, presumably to try to shoot down any visa she might eventually apply for.

Is that about the gist of it?

Ok, this isn't really an uncommon scenario. The wife thinks she got damning evidence against the girlfriend, but in fact it's the opposite. If the divorce goes through, and the husband petitions for the girlfriend, then the girlfriend is going to have to go to the embassy and convince a consular officer that she's got a legitimate relationship with the petitioner. And what evidence does the wife (now ex-wife) have? Well, she's got evidence that the girl has a legitimate relationship with the petitioner. Instead of hurting the girlfriend's chances of getting a visa, the ex-wife might actually be helping her. After all, if the angry ex-wife is convinced the relationship is real then the consular officer is likely to believe it, as well.

Scenarios like this do often cause problems, but not because the petitioner and beneficiary were fooling around before the petitioner got divorced. The consular officer isn't a priest. He doesn't care if the petitioner was being unfaithful if the person he was being unfaithful with was the beneficiary. What he's more concerned about is whether the sole reason for the relationship was to help the beneficiary get a visa, and if the recent divorce was obtained solely to make the petitioner eligible to submit a petition. This is the sort of thing they're suspicious about when there's a recent divorce involved. They suspect the divorce was obtained to make immigration possible, and that the divorced person, whether petitioner or beneficiary, still has a relationship with the person they divorced, and that they plan to resume that relationship when the immigration process is completed.

If the marriage really is terminal then the man should go ahead and divorce his wife, in spite of her threats. He should also tell his wife to go ahead and send her pictures to the embassy as it will save him the trouble of having to prove his relationship with the beneficiary. If the wife thinks about it in those terms she'll probably reconsider.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...