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Filed: Timeline
Posted

Cassie,

Actually, from the consulate's perspective, it's the visa applicant husband who will have some explaining to do:

- does he know about the situation,

- does he want to continue with the immigration process given the situation, and

- if so what is the real underlying reason that he wants of continue the immigration process.

Yodrak

.....

two: my simple point is this, that was aptly summarized by Yodrak....if the consulate should get wind of this, and notice that some dates may or may not jive, then Lucy, you have some 'splaining to do!

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Filed: K-1 Visa Country: Colombia
Timeline
Posted

Do we really think that the consulate in whatever country this K3 is being filed in has access to American gossip? I really don't see how the USCIS would even have a clue about this whole soap opera unless she sat next to him pregant and told the truth at the interview.

I have the same doubts and moral issues as everybody else about this post. I just don't see where the problems this couple has will come from USCIS.

Surely we will all agree that the answer to the original question the OP asked would be "no problem".

Cassie,

Actually, from the consulate's perspective, it's the visa applicant husband who will have some explaining to do:

- does he know about the situation,

- does he want to continue with the immigration process given the situation, and

- if so what is the real underlying reason that he wants of continue the immigration process.

Yodrak

.....

two: my simple point is this, that was aptly summarized by Yodrak....if the consulate should get wind of this, and notice that some dates may or may not jive, then Lucy, you have some 'splaining to do!

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

Posted (edited)

I don't think that they should mention the parentage of the child unless it comes up. At that time, they should be truthful. I don't see how this specifically could be seen as the husband simply wanting a green card.

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Filed: K-1 Visa Country: Philippines
Timeline
Posted
I don't think that they should mention the parentage of the child unless it comes up. At that time, they should be truthful. I don't see how this specifically could be seen as the husband simply wanting a green card.

Well, if they ask and are told the truth, I think they might be just a little suspicious of the situation. I mean, most guys aren't really OK with their wife getting impregnated by another man, are they?

Posted
I don't think that they should mention the parentage of the child unless it comes up. At that time, they should be truthful. I don't see how this specifically could be seen as the husband simply wanting a green card.

Well, if they ask and are told the truth, I think they might be just a little suspicious of the situation. I mean, most guys aren't really OK with their wife getting impregnated by another man, are they?

I'm sure that most (if not all) guys in this situation aren't OK with it at ALL. Be tough to make the relationship work, unless he is capable of letting it go. But anyways, I'm sure there are lots of men in the same situation who would stay with their wife. I'm sure there are lots of women that find out their husband fathered another woman's child and stay with him too.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Filed: Other Country: England
Timeline
Posted
I don't think that they should mention the parentage of the child unless it comes up. At that time, they should be truthful. I don't see how this specifically could be seen as the husband simply wanting a green card.

Well, if they ask and are told the truth, I think they might be just a little suspicious of the situation. I mean, most guys aren't really OK with their wife getting impregnated by another man, are they?

*Definitely* not saying or implying that this man just wants a Green Card, but that's just the reason it could be seen that way by USCIS if they did find out somehow...what Gary said. I don't think *most* people, especially men/women who are moving country and giving up their whole lives to move to the US for the sole purpose of a relationship would even consider doing that for a relationship that started this way. Again, I retiterate, most, and we clearly don't know all the extenuating circumstances. M.

ManU2.jpg

10 year green card received

mid March, 2008. Done 'til Naturalization! WOOT! :)

Filed: K-1 Visa Country: Philippines
Timeline
Posted
Hmmm, I think there could be more to this story than the OP gave us. :unsure:

indeed there is! The OP is the the foreign husband! Not a concerned friend. gimme a break sheeez.

and

it was professor plum in the kitchen with the wrench

That's my guess too.

Filed: Citizen (apr) Country: Nepal
Timeline
Posted

And if they've applied for K3, and assuming the CO doesn't ask whether the USC has any children and their ages (very common question from what I've read), what about at a possible AOS interview?

And family photos... what are they going to do, leave the child out of them until they have the greencard in hand? Not submit any? Lie about the child's very existence, if asked?

Given the very limited information provided by the OP, I think it would be wise not to try to hide the situation, and to prepare the non-USC husband for the grilling he is likely to get at the consulate. And tons of evidence of the validity of the relationship. It may help to have the USC wife write something incredibly remorseful for the CO to read. And be prepared to submit as evidence anything indicating the distraught hand-wringing, lengthy explaining, and begging for forgiveness that must surely have accompanied this whole situation.

I think it is better to prepare to go through this than try to go around. I think a CO who "discovers" this situation through questioning will be much more suspicious than one who has to evaluate a forthright, heartfelt explanation by the husband, preferably in decent english.

I think this couple should be prepared to answer questions about this, both at the consular level (DOS) and the AOS interview, if they have one (USCIS).

Best wishes,

Maya

Many thanks to the Visajourney community for all the help!

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

It is obvious that the beneficiary just wants to immigrate, that's why he plays the upset but still wants to make it work.

If this issue came out between a couple with no immigration situation, the husband under no circumstances would accept or try to make things work. It also true that when someone ask a question about a friend, they are talking about themselves hidding behind the "friend" problem.

07/28/2006 -- Mailed I129f Petition

07/31/2006 -- NOA 1 Received Date

08/12/2006 -- NOA 1 Notice Date

08/17/2006 -- Touched

09/21/2006 -- Touched

10/02/2006 -- Touched

10/03/2006 -- RFE sent from CSC (Beneficiary's birth certificate)

10/04/2006 -- Touched

10/09/2006 -- Received RFE in the mail

10/10/2006 -- Sent reponse to RFE

10/16/2006 -- RFE acknowledged at CSC

10/18/2006 -- NOA2 - APPROVED!!

10/19/2006 -- Touched

10/25/2006 -- Received NOA2 snail mail

10/26/2006 -- Petition received at NVC

11/06/2006 -- Petition sent off to embassy

11/17/2006 -- Embassy receives petition

11/17/2006 -- Packet 3 sent from Embassy

11/21/2006 -- Packet 3 sent back

11/22/2006 -- Recieved packet 4

12/11/2006 -- INTERVIEW

12/13/2006 -- Embassy calls asking for document stating that fiance is not married. (Second curve ball they throw at us)

12/14/2006 -- Document sent to embassy

12/26/2006 -- K-1 Visa issued!!!!

3dflagsdotcom_usa_2faws.gif3dflagsdotcom_ukrai_2faws.gif

Filed: K-1 Visa Country: Colombia
Timeline
Posted

Are you really suggesting that a United States citizen should write a letter of apology to the government (USCIS) for having an affair? I have never seen this in the guidelines or read a single post where this was given as advice.

Have you seen a case like this where somebody didn't get a visa because they didn't serve up a confession to the government?

And if they've applied for K3, and assuming the CO doesn't ask whether the USC has any children and their ages (very common question from what I've read), what about at a possible AOS interview?

And family photos... what are they going to do, leave the child out of them until they have the greencard in hand? Not submit any? Lie about the child's very existence, if asked?

Given the very limited information provided by the OP, I think it would be wise not to try to hide the situation, and to prepare the non-USC husband for the grilling he is likely to get at the consulate. And tons of evidence of the validity of the relationship. It may help to have the USC wife write something incredibly remorseful for the CO to read. And be prepared to submit as evidence anything indicating the distraught hand-wringing, lengthy explaining, and begging for forgiveness that must surely have accompanied this whole situation.

I think it is better to prepare to go through this than try to go around. I think a CO who "discovers" this situation through questioning will be much more suspicious than one who has to evaluate a forthright, heartfelt explanation by the husband, preferably in decent english.

I think this couple should be prepared to answer questions about this, both at the consular level (DOS) and the AOS interview, if they have one (USCIS).

Best wishes,

Maya

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

Filed: Citizen (apr) Country: Peru
Timeline
Posted

The husband would come to the US with a K-3 visa. The Embassy will find out there is a baby. This is why:

- USC has to send tax returns (as a sponsor) and the baby will appear there.

- USC and hubby have to file biographic information forms (dont remember the number), where you list all your children and their date of birth.

- Hubby has to show his passport and list his entries to the US (if he has). If he has never come to the US, they will ask when (how many time) the USC has visited his country (easy to do the math).

- They will ask the hubby is he or the USC have any children (plan to lie?).

If he actually come to US, the couple will have an AOS interview. The NOA asks you to bring the birth certificates of all children. Again you will have to bring tax returns.

Can the USC put a different name on the birth certificate? The real father may cause problems about this (now or in the future) and he can even sue.

If the USC or the hubby lie, and INS finds out (very likely), it will be considered FRAUD and he will be deported with no possibility of coming back to the US.

Life is beautiful

Filed: K-1 Visa Country: Colombia
Timeline
Posted

The girl is pregnant. That would mean the baby would not show up on tax returns until 2006, or probably even 2007. That means there will be no problem with the UCIS until around 2007 or 2008. They will use 2005 tax returns for quite some time. I don't think dependent names or ages show up on tax transcripts. Somebody can check that if they like.

The G325A biographical information worksheet has no space for unborn children. The American only has to file this one time with the application unless something has changed.

We had our AOS interview in July. At that time there was no requirement to bring the birth certificates of my American children. This must be a new rule.

10 Nov mailed I 129F to TSC

16 Nov 29 Nov Notice date

3 Dec Received NOA 1

3 Jan 05 Please I just want to be touched

3 may 05 NOA2 E mail notification

7 May 05 Mail NOA2

11 May 05 sent petition to Bogota

18 May Packet 3 arrived

19 May Checklist taken to consulate

31 May Packet 4 delivered

29 June visa granted

1 July Visa delivered

Sometime in July Lucero came to US

13 Sept 05 Married

1 Nov 05 -USCIS recieved 485 and EAD

13 December RFE stupid things I should have included Returned very quickly

27 March received bio letter for New Orleans

7 Apr_06 Bio done in New Orleans

20 April 06 Touched on all applications

21 April Email received EAD approved

27 Apr Received EAD card

30 May 2006 Received appointment letter for JaX on 13 July 2006

13 July Interview successful approved

20 July Received green card

30 June 08 Sent I751 to remove conditions

25 July 08 Application returned erroneously incorrect fee

27 July mailed new application with separate checks

15 Sept 08 Application returned erroneously K2 not within 90 day timeframe

17 Sept Mailed 3rd application with mountains of proof of error copied Senator Mel Martinez

09 October 4th application package sent. This time they said the app signature page was a copy

10 Oct Sent package again 4th time.

25 Oct Received another NOA for Wife with $625 for the amount with one year extension

30 Oct 2008 Still nothing for step daughter. Checks still haven't cleared the bank

24 November Checks finally cleared the bank

February biometrics for wife Nothing for daughter.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

.

I am the American in our marriage and I never had to present birth certificates for my children. As far as I am concerned the origin of my children is no business of the USCIS. Evidently they feel the same way or they would have asked for them.

your kids have been conceived in another relationship, not in an immigration situation; they might ask who's baby is in the relationship departement of questions, and/or if they know it's not his, they might ask the context....But, in the end, if the couple is strong enough to defend their point that it has been their, or his decision to accept the child, can help. That is nobodies decision but only the couple's agreement. The argument can be that the distance can bring people to make irrational actions...it's human to make errors, and adult to repair them, so that to speak that the relationship has to be refreshed...and of course, understand why did it happen...

Note: when I used "might"...it's only my opinion and not any experience with the uscis...Good luck and especially thinking to the welbeing of the child from now on...!!!

CR-1, VT- Canada

I-130:

25 Aug 06 - Sent I-130 (a Friday)

28 Aug 06 - NOA1 & Certif. receipt returned ( a Monday) Day 1

29 Aug 06 - USCIS cashes check

30 Aug 06 - check cleared & 1ST TOUCH.

01 Sept 06 - NOA1 recvd by Mail

09 Sept 06 - 2ND TOUCH (a Saturday)

09 Mai 07 - NOA2 (2 e-mails)

Note: were told the long delay due to huge backlog and internal changes in VT

NVC :

04-June-07 - NVC generates DS-3032 & AOS bill

12-June-07 - AOS Bill payment sent/ alien receives DS-3032 form (by mail, dated 4th June)

13-June-07 - Alien sends back completed DS-3032 (by mail)/ rcvd 19th of June approx.

To mid July-07 - I-864 form sent completed and IV fee bill

19-July-07 NVC rcv I-864 form; mail signature rcvd.

22-Aug-07 Ds-230 with documents sent to NVC.

20-Sep - 07 Alien sends NVC Missing document. NVC receives it the 25th.

05-Oct - 07 NVC completed.

16-Jan - 08 Interview, 3 questions asked, visa approved same day, received 1week later approx.

Note: delay due to internal delay, missing document (not rfe) and self procrastination of understanding some abstract terms. C Post not at all reliable (delivery duration, delivery with signature (did not deliver personnaly), and delivery of interview letter rcvd after the interview).

In USA:

01-03-08 POE Entry in USA

...-03-08 2 Welcome in America letters and green card received.

"What I know is that I know nothing"

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
It is obvious that the beneficiary just wants to immigrate, that's why he plays the upset but still wants to make it work.

If this issue came out between a couple with no immigration situation, the husband under no circumstances would accept or try to make things work. It also true that when someone ask a question about a friend, they are talking about themselves hidding behind the "friend" problem.

How come you know everything?? :blink:

CR-1, VT- Canada

I-130:

25 Aug 06 - Sent I-130 (a Friday)

28 Aug 06 - NOA1 & Certif. receipt returned ( a Monday) Day 1

29 Aug 06 - USCIS cashes check

30 Aug 06 - check cleared & 1ST TOUCH.

01 Sept 06 - NOA1 recvd by Mail

09 Sept 06 - 2ND TOUCH (a Saturday)

09 Mai 07 - NOA2 (2 e-mails)

Note: were told the long delay due to huge backlog and internal changes in VT

NVC :

04-June-07 - NVC generates DS-3032 & AOS bill

12-June-07 - AOS Bill payment sent/ alien receives DS-3032 form (by mail, dated 4th June)

13-June-07 - Alien sends back completed DS-3032 (by mail)/ rcvd 19th of June approx.

To mid July-07 - I-864 form sent completed and IV fee bill

19-July-07 NVC rcv I-864 form; mail signature rcvd.

22-Aug-07 Ds-230 with documents sent to NVC.

20-Sep - 07 Alien sends NVC Missing document. NVC receives it the 25th.

05-Oct - 07 NVC completed.

16-Jan - 08 Interview, 3 questions asked, visa approved same day, received 1week later approx.

Note: delay due to internal delay, missing document (not rfe) and self procrastination of understanding some abstract terms. C Post not at all reliable (delivery duration, delivery with signature (did not deliver personnaly), and delivery of interview letter rcvd after the interview).

In USA:

01-03-08 POE Entry in USA

...-03-08 2 Welcome in America letters and green card received.

"What I know is that I know nothing"

 
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