Tourist visa to K-1 visa with a lie

[Justjake 23]

3 minutes ago, geowrian said:

I wish there was a more clear response to answer it, but I simply don't have one nor can point to a case where (a good) one  has been provided.

I do wish you luck together, though...I understand how rough it must be. I don't condone what she did by any means at all, but it does put you both in a difficult position now and my heart does go out to you both.

 

2 minutes ago, missileman said:

I second that.........wholeheartedly!! 

Well, I thank you for that.  As I mentioned before, i want to be able to contribute to the forum, and perhaps this bit of information that we lack will be my contribution when I get to that bridge and cross it.  

Carry on, as you were.

[John & Rose 7,239]

1 minute ago, Justjake said:

Thanks for the honesty about if there is even an answer.  The result of the visa being issued is something like step 15 for me.  I'm working on step 2, how to come clean about the fraud. 

That is where a consultation with a good lawyer would come in.  My heart goes out to you.  I know of one other couple here who have to deal with a permanent ban.  It isn't easy but you are doing your due diligence.  I honestly hope that you get through this.  You did not commit this fraud and you are trying to figure out what to do.  There is a lot of experience here but you need to talk to a good lawyer.  I know with my other friend here the lawyer told them that she will never be allowed into the states and now he is going to move to the Philippines to be with her.  Their case was trying to bring over a daughter that wasn't actually hers.  She raised the girl from a baby as her sister had the kid and took off.  They have never heard from her since the child was about a year old.  7 years ago when the child was 4, she tried a K-1 and a K-2.  She was denied because they did the DNA and it was determined that it wasn't her child.  Laster year she was part of a K-1 with a friend of mine.  She was told about the permanent ban at the interview.  She had no idea because the first petitioner left her when the first K-1 was denied.  Now she will NEVER be allowed in the states because of human trafficking.  Sometimes there is no answer.  At least not one we want to hear.

[Justjake 23]

3 minutes ago, John & Rose said:

That is where a consultation with a good lawyer would come in.  My heart goes out to you.  I know of one other couple here who have to deal with a permanent ban.  It isn't easy but you are doing your due diligence.  I honestly hope that you get through this.  You did not commit this fraud and you are trying to figure out what to do.  There is a lot of experience here but you need to talk to a good lawyer.  I know with my other friend here the lawyer told them that she will never be allowed into the states and now he is going to move to the Philippines to be with her.  Their case was trying to bring over a daughter that wasn't actually hers.  She raised the girl from a baby as her sister had the kid and took off.  They have never heard from her since the child was about a year old.  7 years ago when the child was 4, she tried a K-1 and a K-2.  She was denied because they did the DNA and it was determined that it wasn't her child.  Laster year she was part of a K-1 with a friend of mine.  She was told about the permanent ban at the interview.  She had no idea because the first petitioner left her when the first K-1 was denied.  Now she will NEVER be allowed in the states because of human trafficking.  Sometimes there is no answer.  At least not one we want to hear.

Oh my god, what a horrible experience for her to have to go through.  
I imagine they looked at other avenues like adopting the daughter or becoming the guardian?  Could actions like that help out or are the laws too rigid?

[John & Rose 7,239]

8 minutes ago, Justjake said:

Does USCIS deny the petition or would another entity deny it, like the NVC or the CO

If it is an RFE, that would most likely come from USCIS prior to approval of the petition.

 

If it makes it past that (I believe the adjudicator at USCIS would send an RFE) then it may make it to the interview but a lot of moving parts would have to miss it to get you through to that point.

 

If all that does happen there is still AOS and living everyday not knowing when the shoe is going to fall is the worst type of Chinese water torture.

[John & Rose 7,239]

4 minutes ago, Justjake said:

Oh my god, what a horrible experience for her to have to go through.  
I imagine they looked at other avenues like adopting the daughter or becoming the guardian?  Could actions like that help out or are the laws too rigid?

They checked on that.  Adoption after the fact would not relieve the ban.  That sounds like a good solution but according to their lawyer it would not impact the ban.  They even filed to get it reduced and their request was denied.  They had IMBRA and Adam Walsh to deal with and at the time there was no leeway.  The CO even called her at home to see how she was doing.  It was out of their hands.

Edited November 14, 2018 by John & Rose

[John & Rose 7,239]

5 minutes ago, Justjake said:

Oh my god, what a horrible experience for her to have to go through.  
I imagine they looked at other avenues like adopting the daughter or becoming the guardian?  Could actions like that help out or are the laws too rigid?

The laws may be too rigid.  I do admit wondering why being married made so much of a difference in your fiancee's case.  It is hard to blame her for trying.  She wasn't doing it to break any laws.  It was a mistake that she had no idea could come back and bite her.  My K-1 was denied because of a stupid mistake too.  It is what it is.  I do hope you find a way around this.  

[Justjake 23]

5 minutes ago, John & Rose said:

They checked on that.  Adoption after the fact would not relieve the ban.  That sounds like a good solution but according to their lawyer it would not impact the ban.  They even filed to get it reduced and their request was denied.  They had IMBRA and Adam Walsh to deal with and at the time there was no leeway.  The CO even called her at home to see how she was doing.  It was out of their hands.

Ugh, what a horrible experience.  If this was during the times of Adam Walsh and the IMBRA, do you think reaching out to Congressmen or using social media to bring attention to this would have any impact?

[Boiler 45,525]

Here we go again:

 

Options are:

 

They ignore the past lie and issue a visa (possible but unlikely

 

They acknowledge the lie and require a waiver

 

The issue a RFE for the Divorce Certificate

 

The last one is what I have seen happen but no idea how representative this is.

[John & Rose 7,239]

6 minutes ago, Justjake said:

Ugh, what a horrible experience.  If this was during the times of Adam Walsh and the IMBRA, do you think reaching out to Congressmen or using social media to bring attention to this would have any impact?

The problem is that she can't defend what she did.  She did try to pass off another child as her own.  That is where the law gets rigid.  That is the only fact that matters.  It is not one that can be defended.  Whatever her reasons were, she was guilty and she was banned for it.  He was an IT guy who got certified to teach english online.  Now he is planning his move to Manila where he can continue to teach online and make a living in his new home.  He may even see these posts.  They are both good people who have to deal with a tough situation.

Edited November 14, 2018 by John & Rose

[David & Diana R 1,005]

1 hour ago, Justjake said:

 

Well, I thank you for that.  As I mentioned before, i want to be able to contribute to the forum, and perhaps this bit of information that we lack will be my contribution when I get to that bridge and cross it.  

Carry on, as you were.

The term, "Don't burn your bridges" comes to mind.  I'm afraid your bridge has not only burned but also collapsed.  Going back is highly unlikely.

Edited November 14, 2018 by David & Zoila

[David & Diana R 1,005]

1 hour ago, Justjake said:

Ugh, what a horrible experience.  If this was during the times of Adam Walsh and the IMBRA, do you think reaching out to Congressmen or using social media to bring attention to this would have any impact?

NO

[Lemonslice 4,852]

3 hours ago, Boiler said:

Here we go again:

 

Options are:

 

They ignore the past lie and issue a visa (possible but unlikely

 

They acknowledge the lie and require a waiver

 

The issue a RFE for the Divorce Certificate

 

The last one is what I have seen happen but no idea how representative this is.

Another option:
A death certificate to show she's now a widow .  Seriously, do not kill the fake husband though - this will cause MORE problems. 💀☠️💀

[Justjake 23]

Are the answers to questions asked during an interview written down or noted when the question isn't on the application?

Example, if she is asked how much she makes a year, is that documented for later reference, and can a request of those notes be made?

[Boiler 45,525]

Not sure, well they seem to type away and they do not ask many questions so I assume so.

[geowrian 22,337]

6 minutes ago, Justjake said:

Are the answers to questions asked during an interview written down or noted when the question isn't on the application?

Example, if she is asked how much she makes a year, is that documented for later reference, and can a request of those notes be made?

Possibly. I know it's not uncommon for them to have documentation of questions for at least for immigrant visa interviews.

A FOIA request may or may not reveal those types of records, though....not that it would matter.