K1 visa problem..Please help us!!

[shaneshane 1]

We are planning to apply for K1 visa but we have a problem on my fiance part. My fiance worked 6 months remotely in the Philippines using his tourist visa and this is against the law in the Philippines. What is the best way for us? Are we going to hide/lie about him working in the Philippines or be honest and tell the USCIS and Philippine Immigration about our real story? Which one is the best solution to avoid denial? Thank you to anyone who will help us!

Edited September 17, 2018 by shaneshane

[Roel 7,192]

Is the fiance who worked US citizen or the beneficiary?

 

Also NOT NOT LIE OR HIDE ANYTHING.

The forms specifically ask for previous employment and it HAS TO be mentioned. Lying about anything to the immigration is absolutely the worst thing you can do.

 

If the working fiance was the beneficiary it means that they will also need to provide police reports from every country they lived for longer than 6 months. So might need a report from Philippines also (whatever their rules are on it) .

[geowrian 22,337]

They will need a police clearance (NBI clearance in PH).

The unauthorized work abroad doesn't matter to US immigration.

 

NEVER lie to anybody in immigration. Misrepresentation is a permanent bar on any visa, and if discovered later could result in revocation of any immigration benefits received.

Do not even consider lying to immigration ever.

 

11 minutes ago, Roel said:

Lying about anything to the immigration is absolutely the worst thing you can do.

Well, false claim to US citizenship and a few others are technically worse penalty-wise.

Edited September 17, 2018 by geowrian

[Roel 7,192]

22 minutes ago, geowrian said:

 

 

Well, false claim to US citizenship and a few others are technically worse penalty-wise.

Saying that you're US citizen when you're not is technically "lying" also.

[geowrian 22,337]

12 minutes ago, Roel said:

Saying that you're US citizen when you're not is technically "lying" also.

True, but that situation applies to employers, local government, etc. In general, lying to them about one's status is not a harsh penalty (if any)....but not when it comes to citizenship.

[Ben&Zian 4,398]

Like already said, if the USC was "working" on a tourist visa in the Philippines it doesn't matter in the sense of USCIS and NVC and the embassy.

 

Was he like cited or anything legal in the Philippines? If not, then it isn't hiding or lying to not "disclose" it because it holds no bearing on the process for you and won't even come up. You'll be dealing with the US embassy, nothing to do really with the Philippines other than getting some documents.

Edited September 17, 2018 by Ben&Zian

[geowrian 22,337]

5 minutes ago, Ben&Zian said:

If not, then it isn't hiding or lying to not "disclose" it because it holds no bearing on the process for you and won't even come up

The I-129F states to list your entire working history for the last 5 years. While it isn't a bar, it must still be disclosed that he worked there.

[Ben&Zian 4,398]

1 minute ago, geowrian said:

The I-129F states to list your entire working history for the last 5 years. While it isn't a bar, it must still be disclosed that he worked there.

 

True, good catch.

[shaneshane 1]

Thank you guys for the quick response. 

My fiance is the petitioner who worked 6 months remotely in the Philippines while working in a American company that time. Nobody caught him working in the Philippines since his job is home-based (he is an IT) except his company of course. Our only problem is, are the Philippines embasy or USCIS will deny us because of this? 

[geowrian 22,337]

This was answered above already.

[Alex Lamarre 50]

Hi,

if someone is not a permanent resident from a country, just living with a work permit, can he fill for k1 and past the interview in this country? 

[Orangesapples 1,954]

1 hour ago, shaneshane said:

Thank you guys for the quick response. 

My fiance is the petitioner who worked 6 months remotely in the Philippines while working in a American company that time. Nobody caught him working in the Philippines since his job is home-based (he is an IT) except his company of course. Our only problem is, are the Philippines embasy or USCIS will deny us because of this? 

The US doesn't care about unauthorized employment in other countries. It's not a crime, it's a civil matter and it's not a US civil matter. This is a non issue. 

[JE57 239]

1 hour ago, shaneshane said:

Thank you guys for the quick response. 

My fiance is the petitioner who worked 6 months remotely in the Philippines while working in a American company that time. Nobody caught him working in the Philippines since his job is home-based (he is an IT) except his company of course. Our only problem is, are the Philippines embasy or USCIS will deny us because of this? 

You will interview at the US Embassy in Manila which is an interview with the US Gov.  so your US Citizen Fiancee's work in the Philippines is irrelevant there.  You will need to get a CFO sticker that is with a Philippine Gov. organization but that's about you being allowed to immigrate out of the Philippines so your Fiancee's work in the Philippines should play no part in that either.   Eventually you'll pass thru Philippine Immigration control on your exit from the country again this is about your authorization to leave the country and as long as you have the CFO that too should be no problem and again won''t have any relation to your fiancees previous work in the Philippines.  All in All you should be fine.  I would suggest not to volunteer the information but if any immigration official from either country asks you specifically about your fiancee's  activities for 6 months he spent in the Philippines you will need to be honest. 

-

Generally speaking the larger issue would occur could occur if he tried to re-enter the Philippines in the future and was questioned about the prior 6 months.   Philippine immigration could deny him entry although I find even that unlikely.  Generally speaking the intent of the restriction on working on a tourist visa is that they don't want foreigners taking jobs that the locals could do.  This is not what your fiancee did he was working remotely for a US company doing US work that would not otherwise be available to a local employee so while he *may* have violated Philippine law he likely didn't violate the intent of it so unlikely he'd suffer consequences. 

[stacyt 209]

19 hours ago, shaneshane said:

We are planning to apply for K1 visa but we have a problem on my fiance part. My fiance worked 6 months remotely in the Philippines using his tourist visa and this is against the law in the Philippines. What is the best way for us? Are we going to hide/lie about him working in the Philippines or be honest and tell the USCIS and Philippine Immigration about our real story? Which one is the best solution to avoid denial? Thank you to anyone who will help us!

My friend worked in China on a student visa for 6 months and had no problem with her application, told everything and she were never questioned what visa type she had. She even casually chatted about it with an Asian immigration officer at her port of entry. I don’t think they will care what Visa yiur fiancé had in the Phillipins.

Edited September 18, 2018 by stacyt

[stacyt 209]

8 hours ago, shaneshane said:

Thank you guys for the quick response. 

My fiance is the petitioner who worked 6 months remotely in the Philippines while working in a American company that time. Nobody caught him working in the Philippines since his job is home-based (he is an IT) except his company of course. Our only problem is, are the Philippines embasy or USCIS will deny us because of this? 

Just saw this. Ok so first you won’t be going to the Philippines embassy you’ll go the the US embassy. My friend’s fiancé, an American worked in her home country with no permit and they also worked together in China with no work visa. No issues with the application. You will be fine.