Where can we meet?

[Robb&Ann 101]

I crossed the border ABSOLUTELY LEGALLY. Anyone can cross US Border on Naturalization Certificate or with Birth Certificate. You need passport ONLY to travel abroad, not to cross the border back into US. In fact, permanent residents don't even take passport with them raveling to Mexico, only GC! This is the law that you can cross the Border with PROOF of your legal presence. It can be multiple documents mentioned above. US Passport is only one of the proofs.

They will meet in Mexico and can file for K1, this is what I am recommending. He travels on his proof of citizenship (whatever it is), she travels on Mexican visa to Mexico, they meet, file or K1.. What else??

I wasn’t saying it was legal or not.

The OP wants to find a way to sneak around his passport restriction that he has because of the support arrears.

Even if he can go to Mexico legally. The intent is still to try and sneak around the restriction.

Everything I have read says you need a passport or passport card, but I’m not even making that point.

The point is, even if he meets he still has to resolve the support issue.

[Xanax 349]

I think the idea of getting a loan to pay off the back child support and having the debt wiped clean and then getting his passport back is the very best idea.

[Rob & Monika 87]

I wasn’t saying it was legal or not.

The OP wants to find a way to sneak around his passport restriction that he has because of the support arrears.

Even if he can go to Mexico legally. The intent is still to try and sneak around the restriction.

Everything I have read says you need a passport or passport card, but I’m not even making that point.

The point is, even if he meets he still has to resolve the support issue.

If you are a US citizen, and you have proof of such, they cannot deny you entry into the country. They will pull you aside and verify you are who you say you are. We were just talking about this in another thread...See end of this article

[Robb&Ann 101]

Child support arrears has nothing to do with the ability to file for family immigration. I successfully did it while I was allegedly more than $5,000 in arrears. No questions were every asked at any point in time about child support. No credit report is run, nothing. The only issue is where they can meet.

Being lazy and not wanting to read, have you already applied for and been denied a passport? Just because they say you have a block does not mean they have actually filed the paperwork to block you.

I just resolved the same sort of issue. I KNOW they know about arrears without needing to run a report because I didn’t know about the arrears until the Department of State told me.

The state and support clearing house report an arrears to HHS who reports it to the department of state. The department of state oversees U.S. Embassies.

USCIS is where the final passport restriction occurs.

This is a quote from an internal USCIS guide.

(A) Policy Regarding Support .

You should also review Interpretations 316.1(f)(5) for a discussion of good moral character and the effect of support payments on a finding of good moral character. This discussion includes support of spouse and children; effect of unemployment or financial inability; attempts to comply with court ordered support.

A finding of good moral character is precluded where there is a willful failure or refusal to provide support unless extenuating circumstances exist (see 8 CFR 316.10(b)(3)(i) ). Unemployment and financial inability should be taken into account when examining the applicant on this issue. In considering such factors, you should also take into account the cause of the unemployment and financial inability to support dependents. For instance, if an applicant was unemployed because of incarceration, then the reason for incarceration must be determined as it may affect the applicant’s ability to establish good moral character.

Another factor to consider would be whether the applicant had the opportunity to support the children. Example: the spouse had custody of the children. He or she took the children to a new residence, prevented the applicant from learning of the children’s whereabouts, and made no provision for receiving support payments through a third party or financial institution. Depending upon the circumstances in this last example, it would be important to know why the spouse prevented contact between the applicant an d the children. You would need to consider if the applicant had in any way threatened the spouse or children, or defied a custody order. You would have to ask enough questions about the circumstances, on a case-by-case basis, to determine if the conduct of the applicant met the standards for a finding of good moral character.

If the documentation indicates that the applicant is in arrears for court-ordered child support, you will need to find out how long the applicant has failed to provide support and why. If the circumstances surrounding the applicant’s failure to provide support have already been reviewed by the court, and the court still continues to order payment, the application should be denied for lack of good moral character. If the applicant tells you that he or she cannot provide support and provides an explanation an d documentation to support that explanation, you will have to determine whether the applicant willfully refused or failed to support the dependents. An applicant who is unable to provide documents that establish that he or she did not willfully fail or refuse to support his or her child (children) has failed to establish good moral character. See 8 CFR 316.10(b)(3)(i) .

[belinda63 3,038]

That would apply to persons who are not citizens and are attempting to become citizens or immigrate to the US. From my personal experience the issue of my arrears was never mentioned, questioned, asked to explain, it was a non-issue. At the time of my filing of the petition I was under felony indictment for flagrant non-support. Yep, I left the country with my little blue passport, flew to Sweden, met my fiance, and returned and no one was any the wiser.

[Robb&Ann 101]

That would apply to persons who are not citizens and are attempting to become citizens or immigrate to the US. From my personal experience the issue of my arrears was never mentioned, questioned, asked to explain, it was a non-issue. At the time of my filing of the petition I was under felony indictment for flagrant non-support. Yep, I left the country with my little blue passport, flew to Sweden, met my fiance, and returned and no one was any the wiser.

Good for you.

I know that in October I had to pay $15,000, even while I was still current on all deducted payments and had made every clearing house payment for over 2 years. I didn’t have any kind of indictment. My ability to renew my passport was revoked. And I was told in no uncertain terms that the arrears would be a big problem.

That’s why I recently got my hands on a copy of the PDF of the USCIS field manual. It covers many immigration topics and in several places talks about arrears. Including Nonimmigrants Intending to Adjust Status (K and V Classifications).

Just because 1 person gets lucky don’t mean it’s a good idea to ignore the rules.

[Bill and Tanya 18]

I can't thank you all enough for the extremely useful information, especially from San Diego, as I was in El Paso a couple months ago and asked some of the locals there about crossing into Juarez. I agree as this might be a valid option. And from belinda - I have not submitted my application because I was told there was a hold. Perhaps I should give this a try and see if I squeak by. I have also talked to a lawyer who said I can obtain a clearance letter that shows I am current with my payments. Any validity to this?

To clear up all the Neighsayers concern about my finances, I currently make $79,000 annually, have no children living at home, own my home and car, and have a credit score of 785. I really didn't feel like sharing so many personal details of my life, and asked to refrain from bashing about child support arrears, but I guess that was too much to hope for.

The child support arrears started at $52,000 when this woman I slept with twice in high school figured out in the late 80s that she can milk two states for a total of $1000 per month. When the child turned 10, she moved to a third state, and by this time accumulated 4 more children, all from different fathers. When she moved to the third state, the entire child support enforcement file from state number one moved with her, then later from state number two, which basically doubled the amount I owed. From the time I found out about the child, I paid support. As I said before, the child is now 26 and has a family of his own, and does not communicate with his mother. She is alcohol and drug addicted, morbidly obese, and may not live long due to poor lifestyle and recently diagnosed type 2 diabetes. I won't even go into the bitter dispute with the biological mother I had when I approached her on settling, who told me I will pay every month and will never release me from the debt. She is a crooked woman who exploits flaws in the system.

So now that I have shared all the dirt on this situation, I ask once again to please refrain from continuing to discuss and make suggestion to pay off arrears, and stay focused to the the question at hand: how best to meet, and is there any truth to one lawyer's claim, and I quote "As long as you have evidence such as emails, letters etc. This is a fiance visa so therefore no physical contact is needed. That is why they also give you 90 days once she is here for you to marry her to be sure that this is what you want."

[san diego 407]

If you are a US citizen, and you have proof of such, they cannot deny you entry into the country. They will pull you aside and verify you are who you say you are. We were just talking about this in another thread...See end of this article

BTW, they won't even pull you aside. If you have only DL, They will make you stay in special long-long line for checking. if you have actual proof they will let you through. This is enough by law...

[san diego 407]

To make long story short - it is absolutely feasible. My wife is a blonde and lived in mexico (Tijuana) for 3 months, no problem. OP, it is not as bad as you think. You just need to make sure she lives in a safe area. I cannot say about Juarez (it may be worse then TJ) but I feel on the news it sounds worse then it is. We spent wonderful 3 months in Mexico. BTW, our situation was not as desperate as yours: we met 5 times in different countries and Moscow before moving together and living in Mexico. Actually, it was fun, we felt people were very welcoming. The only problem is if you plan to cross the Border daily to go to work (Natural. certificate/birth Will not even cause them to ask question. Promise) you will encounter long lines. Let me know if you need pointers on living/renting/crossing border with less line and less wait. I can give a lot of tips on it just contact me directly.

[LeftCoastLady 441]

So now that I have shared all the dirt on this situation, I ask once again to please refrain from continuing to discuss and make suggestion to pay off arrears, and stay focused to the the question at hand: how best to meet, and is there any truth to one lawyer's claim, and I quote "As long as you have evidence such as emails, letters etc. This is a fiance visa so therefore no physical contact is needed. That is why they also give you 90 days once she is here for you to marry her to be sure that this is what you want."

VJ K-1 Guides:

Who is Eligible to File?

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen.

Instructions for Form I-129F, Petition for Alien Fiancé(e)

Edited January 3, 2013 by LeftCoastLady

[KayDeeCee 4,893]

So now that I have shared all the dirt on this situation, I ask once again to please refrain from continuing to discuss and make suggestion to pay off arrears, and stay focused to the the question at hand: how best to meet, and is there any truth to one lawyer's claim, and I quote "As long as you have evidence such as emails, letters etc. This is a fiance visa so therefore no physical contact is needed. That is why they also give you 90 days once she is here for you to marry her to be sure that this is what you want."

Definitely do not hire that lawyer. There is zero truth to that. The two main requirements of an I-129F petition are: 1) You are both free to marry at the time of filing, and 2) you have met in person, face-to-face within the 2 years prior to filing. They are strict about both of those requirements.

The 90 days is not for meeting in person and deciding if you are suited for one another. The 90 days is allotted for the foreign fiance(e) to arrive, get settled, deal with documentation and get married. You both will sign letters of intent stating you are free to marry and plan to marry within 90 days of their arrival to the US. This is a fiance(e) visa. It is for those already engaged and ready to marry.

[Rob & Monika 87]

with a credit score like that, just get a loan and get it over with.

[san diego 407]

I can't thank you all enough for the extremely useful information, especially from San Diego, as I was in El Paso a couple months ago and asked some of the locals there about crossing into Juarez. I agree as this might be a valid option. And from belinda - I have not submitted my application because I was told there was a hold. Perhaps I should give this a try and see if I squeak by. I have also talked to a lawyer who said I can obtain a clearance letter that shows I am current with my payments. Any validity to this?

To clear up all the Neighsayers concern about my finances, I currently make $79,000 annually, have no children living at home, own my home and car, and have a credit score of 785. I really didn't feel like sharing so many personal details of my life, and asked to refrain from bashing about child support arrears, but I guess that was too much to hope for.

The child support arrears started at $52,000 when this woman I slept with twice in high school figured out in the late 80s that she can milk two states for a total of $1000 per month. When the child turned 10, she moved to a third state, and by this time accumulated 4 more children, all from different fathers. When she moved to the third state, the entire child support enforcement file from state number one moved with her, then later from state number two, which basically doubled the amount I owed. From the time I found out about the child, I paid support. As I said before, the child is now 26 and has a family of his own, and does not communicate with his mother. She is alcohol and drug addicted, morbidly obese, and may not live long due to poor lifestyle and recently diagnosed type 2 diabetes. I won't even go into the bitter dispute with the biological mother I had when I approached her on settling, who told me I will pay every month and will never release me from the debt. She is a crooked woman who exploits flaws in the system.

So now that I have shared all the dirt on this situation, I ask once again to please refrain from continuing to discuss and make suggestion to pay off arrears, and stay focused to the the question at hand: how best to meet, and is there any truth to one lawyer's claim, and I quote "As long as you have evidence such as emails, letters etc. This is a fiance visa so therefore no physical contact is needed. That is why they also give you 90 days once she is here for you to marry her to be sure that this is what you want."

OP, don't try to submit I129F before meeting. There is nearly 0 chance for approval. You will lose precious time. Just fly her to Mexico and meet near the Border. Than file. No brainer to me. You want to meet in person anyway before filing. This is a huge financial and time commitment.

[Gary and Alla 3,694]

It seems the passport issue has been well covered and something you will need to overcome, I can tell you that I am currently in Mexico with my fiance from Russia, I did not want to spend our vacation in frozen Russsia! I did a lot of research on the different optoins such as Jamaica and the Bahamas, etc.. they dont require a visa for Russians citizens however all the flights I found had over night stays or long layovers in other countries, also they always involved a flight change in Miami which would involve a transit visa for her from the US and I definitely didnt want to get involved in that. However Mexico has relaxed their requirements for Russian citizens to visit, she was able to fill out an online application, get instant approval, print it out and she was done. Also there are direct flights from Moscow to Cancun on Transaero which made the trip much easier for her. It wasn't cheap I can assure you but it is a great alternative to Russia in January! One of the many all inclusive resorts are the way to go. Hope this helps.

Except...HE needs a passport to go to Mexico

If you DO meet in a 3rd country and use that as the meeting for the I-129f, make sure you document the presence of BOTH people on this trip.

OP, don't try to submit I129F before meeting. There is nearly 0 chance for approval. You will lose precious time. Just fly her to Mexico and meet near the Border. Than file. No brainer to me. You want to meet in person anyway before filing. This is a huge financial and time commitment.

Not "nearly 0" Just 0.

[san diego 407]

They "flag them" electronically. Which country will allow you to enter with a flagged passport? Maybe wiki will tell you. Not the same as "revoking". Irrelevent in this case...he has no passport. He is not going to get one and the arrearage will be deducted from his annual income for purposes of calculating the income for Adjustment of Status, just as Tax leins are. Why? Because Child support and the IRS are the only ones that get to the front of the line ahead of the Federal government for collecting on welfare benefits. They have to assume that amount of money is not available for them.

You have to show that you will support your NEW fiancee/wife. He cannot show he supports his child. Not making any judgements, I don't have to. But THEY do.

You do not need passport to enter Mexico. It is legal to visit Mexico within some distance from the Border. I know it as I live 30 mins away from the Border.