Heart broken woman in tears!!

[asisflyer 47]

ALTERNATIVE: CHILDREN TAKE U.S. TRIP -- AUTO-NATURALIZE.... THIS MIGHT MAKE YOU SMILE

You said your children were approved for the Immigrant Visa already and teenagers. This is potentially goods news for you.

The Child Citizenship Act INA 320 would apply when they land in the U.S. in the Father's full Custody who is now a naturalized U.S. Citizen.

They would auto-naturalize at that point and as U.S. Citizens, they are only a few years away from being able to sponsor you if you let them go. (sounds bad i know)

I still think you can work with through Congressional referrals, 2nd interview with spouse, legal assistance; but the path I'm talking about bypasses the marriage issue if you wanted to look at it as a backup plan of some sort a few years down the line. Alternately, if the children auto-naturalize while your case is still being reviews, the family unit claim becomes stronger.

Literally INA 320 let's the kids with LPR apply for a U.S. passport stateside at passport agency---- they don't even file the N-600 for it (like a INA 322).

Maybe let the kids get on the plane, land, apply for expedited passports and return as U.S. Citizens to strengthen your case!!!!

Then in just a few years, the kids will be old enough to sponsor you and hubby isn't part of the consideration.

Edited October 28, 2015 by asisflyer

[NancyNguyen 1,657]

ALTERNATIVE: CHILDREN TAKE U.S. TRIP -- AUTO-NATURALIZE.... THIS MIGHT MAKE YOU SMILE

You said your children were approved for the Immigrant Visa already and teenagers. This is potentially goods news for you.

The Child Citizenship Act INA 320 would apply when they land in the U.S. in the Father's full Custody who is now a naturalized U.S. Citizen.

They would auto-naturalize at that point and as U.S. Citizens, they are only a few years away from being able to sponsor you if you let them go. (sounds bad i know)

I still think you can work with through Congressional referrals, 2nd interview with spouse, legal assistance; but the path I'm talking about bypasses the marriage issue if you wanted to look at it as a backup plan of some sort a few years down the line. Alternately, if the children auto-naturalize while your case is still being reviews, the family unit claim becomes stronger.

Literally INA 320 let's the kids with LPR apply for a U.S. passport stateside at passport agency---- they don't even file the N-600 for it (like a INA 322).

Maybe let the kids get on the plane, land, apply for expedited passports and return as U.S. Citizens to strengthen your case!!!!

Then in just a few years, the kids will be old enough to sponsor you and hubby isn't part of the consideration.

Please check facts before giving false information.

[Ofi & Javy 12]

I am not bashing but I have known as lot of men who leave their families behind. Come to the US to get married just to get Greencard, have kids just to make it look legit, then go back to their country and try to bring back their family. It is a sad situation all around. Ask for a 2nd interview and have him be there with you.

[Ebunoluwa 6,136]

The questions Dwheels has asked are all very important.

Make a timeline in your next post here and state exactly what transpired when, short and precise when you have your emotions under control.

You both dated when ?

You broke up when ?

He met, married the USC when ?
They were married for how long ?
He divorced the USC when ?
You got back together when ?

He visited when and for how long ?

The answers are important if you seek advice here for us to get the whole picture.

If, after he immediately contacts the senator, no 2. interview is granted, then the case will be returned to USCIS and he will receive a NOID/NOIR letter

(Notice to deny/revoke) and he has to respond to this letter for a rebuttal of the CO's findings and submit evidence that you have

a bona fide marriage. All is not lost !
If USCIS deems that evidence satisfactory then they will send the case again to the embassy where another interview will be held.
This review can take 6-12 months.

Please answer the questions in detail because we do want to help you. We can't if we don't know the details, the core points of what your husband

has to prove lies in these answers.

[Shauna&Wael 211]

Your story only sounds more fishy after you get defensive when people ask legitimate questions about your case in order to give you the full scope of advice. If your story is real, you better get a lawyer and fast.

[asisflyer 47]

Please check facts before giving false information.

Kids in timeframe born abroad. Biological father later naturalized and CCA now gives retroactive automatic naturalization to the children abroad if they can present with LPR in U.S. Timeframe qualified. She said the petitions for the kids were approved meaning they would become LPR when arrive and therefore subject to INA320 if CUSTODY is determined. CUSTODY. She effectively grants the custody when she send them abroad to be with father in U.S. So the parents are separated or become divorced with a custodial grant to the father of exclusive custody.

Kindly advise of my error ? I would really like to know. From AFM excerpt and State Dept Passport INA320 guidance below..

For last 15 years since CCA it hasn't mattered that the parents weren't US citizens at birth..... that's the point of the CCA.

INA 320 --- as amended by the Child Citizenship Act A. General Requirements: Genetic, Legitimated, or Adopted Child Automatically Acquiring Citizenship after Birth​ [1] ​

​

A child born outside of the United States automatically becomes a U.S. citizen when all of the following conditions have been met on or after February 27, 2001:​ [2] ​

​

•The child has at least one parent, including an adoptive parent​ [3] who is a U.S. citizen by birth or through naturalization;​

​

•The child is under 18 years of age;​

​

•The child is an LPR; and​

​

•The child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​ [4]

​

A child born abroad through Assisted Reproductive Technology (ART) to a U.S. citizen gestational mother who is not also the genetic mother may acquire U.S. citizenship under ​INA 320​ if:​

​

•The child’s gestational mother is recognized by the relevant jurisdiction as the child’s legal parent at the time of the child’s birth; and​

​

•The child meets all other requirements under ​INA 320​, including that the child is residing in the United States in the legal and physical custody of the U.S. citizen parent.​ [5]

​

A stepchild who has not been adopted does not qualify for citizenship under this provision.​

​

B. Legal and Physical Custody of U.S. Citizen Parent​

​

Legal custody refers to the responsibility for and authority over a child. For purposes of this provision, USCIS presumes that a ​U.S.​ citizen parent has legal custody of a child and recognizes that the parent has lawful authority over the child, absent evidence to the contrary, in all of the following scenarios:​ [6]

​

•A biological child who currently resides with both biological parents who are married to each other, living in marital union, and not separated;​

​

•A biological child who currently resides with a surviving biological parent, if the other parent is deceased;​

​

•A biological child born out of wedlock who has been legitimated and currently resides with the parent;​

​

•An adopted child with a final adoption decree who currently resides with the adoptive U.S. citizen parent;​ [7]

​

•A child of divorced or legally separated parents where a court of law or other appropriate government entity has awarded primary care, control, and maintenance of the child to a parent under the laws of the state or country of residence.​

​

read the rest at

http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html

and State Dept passport guidance on INA 320 --- 320 doesn't need determination but 322 does.

http://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

Child Citizenship Act of 2000 – Sections 320 and 322 of the Immigration and Nationality Act

The Child Citizenship Act of 2000 (CCA) is codified at Immigration and Nationality Act (INA) Sections 320 and 322. INA Section 320 makes it possible for foreign-born children who did not acquire U.S. citizenship at birth through a U.S. citizen parent to acquire U.S. citizenship automatically upon fulfillment of certain conditions while under the age of 18. INA 322 provides for expedited naturalization of foreign born children who meet certain requirements, also while under the age of 18. The CCA applies to persons who were/are under the age of 18 on or after the effective date, February 27, 2001. If you are residing overseas and have questions you may visit your nearest U.S. embassy or consulate.

INA Section 320: Children Born Outside of the United States and Residing in the United States; Conditions under which Citizenship Automatically Acquired

A child born outside of the United States automatically becomes a citizen of the United States when all of the following conditions have been fulfilled:

• At least one of the child’s parents is a U.S. citizen by birth or naturalization;
• The child is under 18 years of age;
• The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence.

INA Section 320 applies to a child adopted by a U.S. citizen parent if the child satisfies the requirements applicable to adopted children under INA Section 101(b)(1); e.g., generally a child adopted while under the age of 16 if the child has been in the legal custody of, and has resided with, the adopting parent for at least two years; or who is an orphan on whose behalf an immediate relative petition has been filed while under the age of 16. The adoption must be final for the child to acquire U.S citizenship.

Edited October 28, 2015 by asisflyer

[san diego 407]

Let me summarize:

1) you have a person that you have kids with from your home country;

2) This person married USC and gained citizenship.

3) this individual, once obtained USC divorces his wife, marries you, and is trying to get you and your kids to US.

So far so good??

Now, you are asking why CO turned you down??

I can only praise CO.

[Ryan H 3,812]

***Non-constructive post removed; either post constructively or do not post. Appropriate action will be taken for any additional non-constructive posts in this thread.***

[wifiguy 8]

Hello Sister

From my understanding, While you were waiting for your Interview date arrival, IO was busy reviewing your case and it is way fishy then it looks to us. As per your words and other people responded on them. It is very highly suspecious case for IO, His job is to decided what's best for him to keep his job alive and any wrong decisions an IO make can be checked by their supervisors. from my understanding and please accept it in your heart, him and you were together made kids then he flew US (how i dont know becase you never told us) he found an USC, married and then another kid from her. After divorcing her, he got back to you but in the meanwhile he was taking care of your kids, which i highly doubt. how come his USC wife never found out he already has kids backhome, No woman in the world can tolerate that his man hard earned money is going towards his other wife's kids backhome? look your case from an IO eyes and decide yourself did you make a right decision. Anyway, assemble yourself once again and fight for your existance. I really don't know the entire back end story, but you. I and anyone here can only help if we know A-Z. Talk to your husband or boyfriend whoever he is to sort this out. there is nothing you can do yourself...Sorry i had to answer this way but your situation is pretty puzzled

[TBoneTX 45,324]

Multiple posts have been removed for Terms of Service violations, and the offender has been subjected to administrative action. As has been stated, post constructively or don't post.

TBoneTX

VJ Moderation

[vanity08 66]

First of all, sorry for the denied. But if your boyfriend /husband did the knocking, it is traditionally married in Ghana,that is what the old people call it, after that you broke up, how is that possible? Did your family return his drink(alcohol) back to his family? If not than you were still married. There is more to this than what meets the eye. How can he get married to someone else, when he has pay Your bride price to your family (knocking) when did he leave to the USA? How long after that did he get married? Gee, looks like it was a plan work. This same story has just happened in Ghana. man call wife that he is getting married to this woman, but is only for him to get his paperwork sorted. The rest is a joke, you don't want to know

Edited October 28, 2015 by vanity08

[Abiolagirl 3]

I am human and so far I have been very honest, those praising the co should go ahead and worship him too, I have done nothing wrong here.. I dated a guy back in the 90's and after having my first child for him his family came to see my family that yes their son is responsible for my baby and they made my parents aware that they will come and perform the necessary rites later. They only presented some few drinks and that was it. No engagement no wedding!!! I went ahead to have two more kids with this same man and in my last pregnancy we went our separate ways..he later travelled to the states in 2003 and moved on with his life. It's only normal for him to look after his kids and I see nothing wrong with all those mean comments some of you were saying. He came back in 2010 after so many years to see his kids and then again the following year and about twice again before we got married in 2013. I am very much ok here and it's not like if I move to us I will start plucking dollars from the trees or pick the ground. I asked for advice and ppl are attacking me and judging me. I shared my story to let u all know what is going on these days and am sure there are dozens out there with a similar case to mine. Am out

[Mike-eeh and Odie 193]

I am human and so far I have been very honest, those praising the co should go ahead and worship him too, I have done nothing wrong here.. I dated a guy back in the 90's and after having my first child for him his family came to see my family that yes their son is responsible for my baby and they made my parents aware that they will come and perform the necessary rites later. They only presented some few drinks and that was it. No engagement no wedding!!! I went ahead to have two more kids with this same man and in my last pregnancy we went our separate ways..he later travelled to the states in 2003 and moved on with his life. It's only normal for him to look after his kids and I see nothing wrong with all those mean comments some of you were saying. He came back in 2010 after so many years to see his kids and then again the following year and about twice again before we got married in 2013. I am very much ok here and it's not like if I move to us I will start plucking dollars from the trees or pick the ground. I asked for advice and ppl are attacking me and judging me. I shared my story to let u all know what is going on these days and am sure there are dozens out there with a similar case to mine. Am out

No one is judging you. When people give you advice here, they are giving you advice from what a "C.O." may believe about your story. Your story may be absolutely 100% legitimate, however, in the eyes of a C.O., all that is seen is fraud.

That said, what you and your husband must do is overcome the suspicions of the C.O. by providing bonafide evidence that your marriage is real, and that your husband did not marry a US Citizen just to obtain US Citizenship for you and your family. How you prove this is another story. If it were me, I would have my husband gather evidence that his marriage to his US wife was in good faith, and then create a timeline on how the marriage went sour. Second, I would strongly suggest a good immigration lawyer to assist you both in gathering evidence to make a strong case.

I wish you and your family luck!

[tonyb919 107]

You have to be able to take constructive criticism if you come on here asking for help and advice.

All the crocodile tears really do nothing to further your case.

Your really not doing well in convincing this forum that your case is not "fishy"

So a well trained immigration CO is definitely going to be harder to convince.

As others have stated contact your Senator, a lawyer and pray...pray alot!

[Boiler 45,541]

The safest bet would be to wait until you oldest is 21 and then can peition you as a parent.

The other aspect that intrigues me is when assessing the Child's petition this past history would have any impact.

The storyline is sadly not uncommon, hence all the comments. I have no idea what actually has happened but it certainly looks suspicious.

Now of to google Knocking ceremony, presumably has something to do with knocked up.