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Can a K1 Visa Be Approved if the Applicant Once Lived Under a False Identity?

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Filed: K-1 Visa Country: Nigeria
Timeline

My case is very complicated so I'm going to simplify the best way possible.

I am the Petitioner and I'm a natural born US citizen. My fiancé is a Nigerian citizen and we met on an online dating site in January 2014. At the time, my fiancé lived in London, however, he was under a false identity as he was illegally living in London. I traveled to London in July of 2014 and it was there we were engaged.

After that we began the process of the K-1. I always felt he should have returned to Nigeria BUT he felt he would be able to get clearance from London. He finally has the interview in London in Feb 2016. He came clean about being under a false identity, however, they didn't deny him. Instead they put us under Administrative Review, which is just basically a black hole.

Meanwhile, there was a mistake made when we first filed our k1 visa. They actually lost our payment fee. I called and tried to fight them about it and they acted as if I was crazy. They "terminated" that case for nonpayment and we were forced to start all over again, and in that process we were given a whole new case number which was the case number for the London interview.

Imagine my surprise as I'm sitting at home and received a text at 9pm at night from USCIS saying our case had been approved. I was confused because he had his interview already and it was under administrative review. Come to find out, the FIRST case we applied for where the money was lost and they closed the case had magically opened again and the payment was found! This case is under a completely different number. So, we had THIS case transferred to Nigeria and my fiancé left London to return to his birth place of Nigeria to have his interview, which took place on 8/1/16. The interview in Nigeria went well, except they are asking for the police check under all identities he potentially used in London. He also has to submit all of our printed correspondences from the last two years which is no problem because I've kept them ALL. (That was his fault that he didn't print them prior! I was mad that he failed to do that!!) They told him he needs to also send his passport with the requested documents.

My question is I am nervous about the police request under the identity he used London. I want to know if this affects our chances for approval? We are completely and legitimately in love. He has already been admitted to a doctoral program here in the states that will begin in the fall (I encouraged him to apply during our courtship, it wasn't anything he was trying to do before we met). He hit a rough spot after his graduate program and came to London to avoid going back to Nigeria, hence the false identification. They are requesting he sends his passport with the other requested documents, so does that mean he will be approved? So again, will his admission to this affect our chance of approval?

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Filed: Citizen (apr) Country: Ireland
Timeline

It can be approved, but having lied to another government, and having a false identity is definitely a red flag, and they will look closer at all his documents to make sure they are real. That being said,m the fact that they asked for his passport is a good sign.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: AOS (apr) Country: Cyprus
Timeline

If asked he needs to be truthful because he already admitted the false identity the last time and that is definitely in the computers.

He needs a police report from London and was in London under the false identity, so yes, he should bring that police report

or the case would not proceed in my opinion.

He will most likely be placed in AP again with the London police report so they can again take a deeper look.

Best wishes for an approval.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Nigeria
Timeline

He has already provided a police report to them from the UK under his name and now they are requesting he sends them another police report under "all identities used in the UK." He used another identity to enter in the UK, but worked undocumented the rest of the time. On the police check application, it asks to give any alias he may have been under. Would he need to put the name he used to get into the UK with as an alias? quote name="Ebunoluwa" post="8250360" timestamp="1470236441"]

If asked he needs to be truthful because he already admitted the false identity the last time and that is definitely in the computers.

He needs a police report from London and was in London under the false identity, so yes, he should bring that police report

or the case would not proceed in my opinion.

He will most likely be placed in AP again with the London police report so they can again take a deeper look.

Best wishes for an approval.

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Filed: AOS (apr) Country: Cyprus
Timeline

Yes, he has to put the name down he used (false ID). I am not sure if that falls under alias or if they need 2 separate reports with the 2 different names, without seeing the police report application myself. Perhaps ask the police department issuing the report.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Like said red flag but it can be approved. I hope it works out for you. Everyone is entitled to a mistake. :luv:

:girlwerewolf2xn: Ana (L) Felix :wub:

K1 March Filer 2016

Interview Approved August 19, 2016

POE September 25, 2016

AOS November Filer 2016

DISCLAIMER: Please excuse my ABC & Gramm@r I am not an editor...

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Filed: K-1 Visa Country: Wales
Timeline

How was it a mistake?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-3 Visa Country: Ghana
Timeline

He has already provided a police report to them from the UK under his name and now they are requesting he sends them another police report under "all identities used in the UK." He used another identity to enter in the UK, but worked undocumented the rest of the time. On the police check application, it asks to give any alias he may have been under. Would he need to put the name he used to get into the UK with as an alias? quote name="Ebunoluwa" post="8250360" timestamp="1470236441"]

If asked he needs to be truthful because he already admitted the false identity the last time and that is definitely in the computers.

He needs a police report from London and was in London under the false identity, so yes, he should bring that police report

or the case would not proceed in my opinion.

He needs to put name he entered UK with. He has to put whatever case he admitted to at the interview in London. I'm from Ghana and has sisters living in UK so I know. Most people commenting are foreigners from other countries and are going to go blah blah blah. Put the names he admitted to and entered with. Simple. Rest is left for the consulars and USCIS to decide. Good luck

Edited by Caykay1
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