Potential Red flags for K1 application?

[Boiler 45,499]

The Employer appoints and pays the Lawyer.

I see a complaint to the Bar in your future.

[DaRoq 36]

Hi everybody,

I've posted this in the K1 forum, but I'm wondering if there might be some challenges here specific to the Philippines, especially considering my fiance is a nurse.

I met my fiance in August, 2011 online. She is in Cebu City and I have travelled to meet her twice, most recently in December, 2012, and have documentation of all that. We want to file for a K1 visa to be together in the US, but there are a few items I'm concerned about:

-- She has an active I-140 immigrant petition for alien worker (E3 - Skilled worker), sponsored by an elderly care firm in Vermont. (She's a nurse)

-- She has travelled to the US multiple times (approx. 4 or 5) since 1995 on a tourist visa.

-- She has immediate family (sister and mother's sister) about 30 minutes by car from me. Her sister is a US citizen by birth, her aunt via marriage to a US citizen

My concern is these items add up to look like she is more interested in immigrating than marrying me. Do any of you know if these are red flags?

On the positive side, she never over-stayed her tourist visas, and her family is relatively wealthy. So she doesn't need to be in the US, but it does appear that she wants to be.

BTW, she is willing to withdraw her I-140 if necessary.

Thanks!

While these may not be red flags for the USCIS, as a Man I see them as a concern. All I can say is, please don't move forward with your "Eyes Wide Shut".

Good Luck

[Villanelle 4,122]

Yikes. Originally reading your post it didnt seem suspicious, but the more information you provided the stranger it got.

Just to be clear- youre stating she found a place who offered her a visa to the US (an employment based visa) with a 6-7 year wait, but she had to basically "pay the fees for it" which she did, because her family was wealthy enough.

First of all as Boiler explained this is incredibly odd because most legitimate companies do not charge for that- it may possibly be illegal- and is definitely a cause for concern as to her motivation for wanting the visa so badly that she paid for it. (It should be concerning to the USCIS and to you)

It could be she was naive and thought this was the procedure, or it could be shes just desperate to enter by any means- paying or entering through a family based visa at your expense.

Youre really going to have to think about how you met this woman and how odd it is that it seems like you met her online (randomly?) and her family in the US lives oddly close to you (?)

By no means am I saying it will happen, but its very easy to think that she could enter the US on her K1, marry, obtain the GC, divorce and have a quick 30 min drive to her family rather then a long cross country treck. If she was looking for a potential suitor to obtain benefits through, someone close to her family would be the way to go, because shed want to be close to her family to lean on them for support while she 'endured' the marriage as long as she was required to be in it for the benefits.

If you feel none of this applies and the relationship is genuine and you wish to move forward- then you should have her cancel the 140 with the company. It will probably be brought up in the interview because I suspect they will be able to see she had a pending application. They may or may not question her about whether or not she paid for it. If they do shed have to answer truthfully. She shouldnt volunteer that information though.

Having the pending visa application isnt going to be held against her (it was just a future job opportunity), but paying for it would be. (not so much 'held against her' that she would be denied- but it would be a hurdle that she would have to overcome. She would need to show your relationship is legitimate and her intentions are not to immigrate for benefits because paying on her end shows that they could be)

[madtownguy 164]

I think it's a green flag, it's better she came and left on her own.

[madtownguy 164]

While these may not be red flags for the USCIS, as a Man I see them as a concern. All I can say is, please don't move forward with your "Eyes Wide Shut".

Good Luck

Really because I'd be more concerned with the girl who has never filed for a visa. He knows she could have easily stayed in the US on a tourist visa, she could have met a US citizen easier here than there. Personally I think it's a sign of a more legit relationship. All relationships come with risk.

[bigdog 376]

Shouldn't be a problem. Everything was done legal

[dlc68 5]

Really because I'd be more concerned with the girl who has never filed for a visa. He knows she could have easily stayed in the US on a tourist visa, she could have met a US citizen easier here than there. Personally I think it's a sign of a more legit relationship. All relationships come with risk.

This.

Believe it or not, there are good women in the Philippines. Everybody can relax; her legitimacy isn't the issue.

[dlc68 5]

The Employer appoints and pays the Lawyer.

I see a complaint to the Bar in your future.

Interesting. So I got the details: It was a "package" deal for $2000, which includes the application fees, lawyers fees, etc. This explains why "her" lawyer is completely unresponsive when she emails to ask questions.

For all the naysayers questioning why somebody would pay for something like this: Try working 6 days/nights per week in a neo-natal ICU for $300 per month and you might begin to understand. When your other choices are to sit home, do nothing and live off your family's business income, or go to Dubai, or be in a loveless marriage, $2000 to live and work in Vermont doesn't sound so bad, even if it takes years to get there.

Something about walking a mile in another (wo)man's shoes...

[dwheels76 5,468]

Interesting. So I got the details: It was a "package" deal for $2000, which includes the application fees, lawyers fees, etc. This explains why "her" lawyer is completely unresponsive when she emails to ask questions.

For all the naysayers questioning why somebody would pay for something like this: Try working 6 days/nights per week in a neo-natal ICU for $300 per month and you might begin to understand. When your other choices are to sit home, do nothing and live off your family's business income, or go to Dubai, or be in a loveless marriage, $2000 to live and work in Vermont doesn't sound so bad, even if it takes years to get there.

Something about walking a mile in another (wo)man's shoes...

I have read right here on these forums nurses from the Philippines talking hospitals in Dubai and other places just using them. Almost looks to me like white slavery. So sad.

Well for what its worth I see no issue with what she did. Goodness she didn't scam, she did a legitimate thing to get employment. I wish you all the best.

[dlc68 5]

I have read right here on these forums nurses from the Philippines talking hospitals in Dubai and other places just using them. Almost looks to me like white slavery. So sad.

Well for what its worth I see no issue with what she did. Goodness she didn't scam, she did a legitimate thing to get employment. I wish you all the best.

Yes, you are right about Dubai. The pay is marginally better than the Philippines, for comparable work, but it's not a long-term solution. Neither is over-staying a tourist visa, or marrying somebody you don't love. I give her credit for avoiding those things, when she's had the opportunity to take advantage of any of them.

Thanks for your support!

[Mogambi 96]

Forget the doubters, only you know if it's true or not. But nothing you posted would be a red flag. As to if you point them out, I wouldn't. Why even draw attention to something that isn't an issue.

[dlc68 5]

Forget the doubters, only you know if it's true or not. But nothing you posted would be a red flag. As to if you point them out, I wouldn't. Why even draw attention to something that isn't an issue.

Good point. My lawyer says the same thing, but my fiance is a bit of a worry-wart. When I told her I wanted to petition her, she said, "wait, wait, wait! these things are going to be red flags..." I think she get these ideas from hearing the stories of the women that get denied, who probably come up with some BS excuse instead of telling the real reason. i.e., they save face by blaming the system. As a result, she believes nurses from the Philippines are under greater scrutiny by USCIS than other professions (because of their tendency to over-stay their visas, she says). I'm not sure if that's true or not, but I haven't found any evidence to back it up.

[Mogambi 96]

You know, just be 100% honest in everything you do with the USCIS. If you met and fell in love on a completely different path than her trying to get a job here (something that a LOT of Filipinos would like to do), they aren't red flags. Yes she'll have to withdraw her other petition probably. But the fact that she's been here, not overstayed, and hasn't done anything wrong is a great plus. If it's legit, there is no reason to be afraid.

We had several things we were worried about in out petition. Everything went smoothly and our AOS interview is in a couple of weeks.

The system is long and hard, but I have to believe it's also 'fair' and they don't have any interested in denying anyone legitimate.

[X Factor 1,112]

This.

Believe it or not, there are good women in the Philippines. Everybody can relax; her legitimacy isn't the issue.

100% agreed

[Shiobhan 235]

I C no red flag.......she had tourists visas she could have stayed. File the petition ...best wishes