Very VERY bad K1 situation

[geowrian 22,337]

1 minute ago, SJordanS said:

That’s why he feels this may not exceed a 10-year ban but doesnt know for sure. We may find out along the way. 

10 year ban for what?

Only ban I could see coming form this is for fraud or misrep, both of which are permanent bars.

[SJordanS 343]

40 minutes ago, TBoneTX said:

It will be interesting to learn the precise justification for revocation, if indeed this is revealed to the petitioner.

Either I myself or Sarah will update everyone on the exact process for this.  I think everyone here should know. She is still unable to gain access to visa journey. She tried again this morning. Unfortunately the system on the site is not doing what it supposed to. I reached out to the member they asked us to and we waited two days and she tried again this morning and still no verification to confirm her email. 

[Boiler 45,564]

3 minutes ago, SJordanS said:

 Exactly what the attorney in Jordan said. Had this been prior to that visa approval would’ve been far better for the sake of noting and banning.  That’s why he feels this may not exceed a 10-year ban but doesnt know for sure. We may find out along the way. 

With a K1 it could have been just returned to the US and left to die.

 

I can think of no ban that would apply currently, 10 years or otherwise. Apart from anything else the question would only arise if there is a subsequent Visa application.

Edited April 12, 2019 by Boiler

[SJordanS 343]

40 minutes ago, Going through said:

 I believe it has to do with how the other person's privacy settings are?  I've made FB calls to people not on my list before.

 I remember about two years ago getting phone calls from people I was in the same group with not necessarily friends with them or had connections with. It’s very possible she was part of a Facebook group with her  or her privacy settings. 

[SJordanS 343]

36 minutes ago, Going through said:

They can always apply for a visa again at any time---getting approved for one is another matter, of course.  And presumably would face more scrutiny if a previous finding of fraud/misrepresentation was actually placed in their file.

 

Something placed in his file would depend on the type of concrete evidence (if any) presented by her.  If it's only written statement of assumption/accusation, won't go far.

 

 

You nailed my thoughts this morning. This is all I have been thinking about. What sort of evidence does she have other than confirm phone calls. None. They’re gonna dig to see if he’s been married or currently married. That’s going to turn out negative. They’re not gonna accept statements from people.  My gut told me all morning they will cancel the visa but not place a ban on him. She just doesn’t have the evidence.  Having the note on his file and name maybe the only thing they will do. Because the attorney she spoke to n Jordan didn’t sound confident that they would do anything beyond a 10 year if they even did that based on her evudence he told her.  But if she claimed fraud before the interview and got denied at the interview, it would’ve been far better. 

[SJordanS 343]

14 minutes ago, Boiler said:

With a K1 it could have been just returned to the US and left to die.

 

I can think of no ban that would apply currently, 10 years or otherwise. Apart from anything else the question would only arise if there is a subsequent Visa application.

 My thoughts match yours.  Lets hope he moves on in his life thinking he’s been forever banned and never makes another attempt. 

[Hobidyali 267]

1 minute ago, SJordanS said:

 My thoughts match yours.  Lets hope he moves on in his life thinking he’s been forever banned and never makes another attempt. 

Thats what I hope for as well 

[SJordanS 343]

19 minutes ago, geowrian said:

10 year ban for what?

Only ban I could see coming form this is for fraud or misrep, both of which are permanent bars.

 But wouldn’t the “misrepresentation” bar only apply to the petition and documentation and interview pertaining to the K-1 only?  Because he only misrepresentation here is his “long time goal”.  Basically the only thing he has submitted on his side is the “intent to marry.”   So if it’s pertaining to K1 and everything related to that up until approval, on paper there is no misrepresentation.  The CO only asked him a few basic questions by the way. I know with other Consulates  when there is a Muslim Arab male an Christian American woman, the different religions and cultures trigger more queations.  According to Sarah he was asked 6 or 7 questions only.  

[Apple Bee 272]

17 hours ago, Pengunista said:

I agree with most of your pointers, except the social media part, I mean to some extent.  Example myself, I have social media account I have friends from back in the day there and family. When my husband and I started dating, I didn’t post pics of us or changed my status to in a relationship, it’s not to say that I’m hiding my relationship, I’m just not the type who puts out everything that’s happening to me, everyone close to me and who’s opinion matters, knows everything, like my parents, my sister and really close friends.  So everyone got surprised when all of a sudden I just decided to add my new last name when I got married. To me and no disrespect to other people, posting stuff on social media doesn’t make your relationship any real. 

 

 

I agree.  I haven't had a FB account in about 11 years and even though my husband has one, I dont want my face on his page because I'm not even on FB myself. He did change his relationship status to married though. 

[Cryssiekins 976]

What I wouldn’t give to be a fly on the wall in his home.

 

I appreciate that many people around the world seek a better life in North America, but I have zero sympathy for anyone who tries to do that by means of fraud.  I sincerely hope he never has the opportunity to do this to anyone again.

 

Glad Sarah is being strong because I know how hard it can be, and how tempting it is to give a second chance to someone you love.  Even if his love wasn’t real, hers was.  Continue being a great friend and being there for moral support.  On the positive it is FAR better to know this now, then in a year or two from now.  And he is getting his comeuppance by losing the opportunity to set foot in the US and potentially obtain residency and eventual citizenship.  He also screwed over everyone who follows him with honest intentions because he’s another case that will only add to stricter scrutiny for all. 

[Apple Bee 272]

2 hours ago, Hobidyali said:

Yews, I thought the same, that part is confusing.

 

2 hours ago, VALU said:

That makes sense. Especially considering that she only made the call after the visa got approved. But then she blocked Sarah soon after. What if she hadn'tdug deeper soon after the call before she blocked her? Wonder how she was able to FB call someone who is not her FB friend. I tested it out on my FB but I can only call people I'm friends with.

My mom said she got calls a few times from people that aren't on her friends list. I think she had to disable the feature or something. FB is so different from when I was last on it (2007-2008). I dont like how it seems even less private than it used to be. 

Edited April 12, 2019 by Apple Bee

[geowrian 22,337]

17 minutes ago, SJordanS said:

 But wouldn’t the “misrepresentation” bar only apply to the petition and documentation and interview pertaining to the K-1 only?  Because he only misrepresentation here is his “long time goal”.  Basically the only thing he has submitted on his side is the “intent to marry.”   So if it’s pertaining to K1 and everything related to that up until approval, on paper there is no misrepresentation.  The CO only asked him a few basic questions by the way. I know with other Consulates  when there is a Muslim Arab male an Christian American woman, the different religions and cultures trigger more queations.  According to Sarah he was asked 6 or 7 questions only.  

Misrepresentations can be documented or verbal. That said, as noted the bar must be supported by facts. As such, I would expect a documented misrepresentation to be the obvious path if they did want to pursue a finding.

I don't think any bar exists at this point in time. I think they would need to perform an investigation before even trying to go that path, and I don't foresee that happening when the petitioner has already expressed their interest in not pursuing the visa.

 

As a note. the act of applying for a K-1 visa (meaning completing the DS-160 and showing up for the interview) is a documented claim to a bona fide relationship with the petitioner.

For instance, the FAM states that an I-129F returned for not having a bona fide relationship is to be tagged with a misrepresentation marker. That marker becomes a finding if the petition is revoked (not terminated nor withdrawn).

The important piece here is that the petition wasn't deemed to be invalid for not having a bona fide relationship at the time of the application. As far as the consulate knows, the relationship at the time of the application was valid. Everything about the fraud is just a claim afterwards.

Edited April 12, 2019 by geowrian

[Cryssiekins 976]

16 minutes ago, Apple Bee said:

 

My mom said she got calls a few times from people that aren't on her friends list. I think she had to disable the feature or something. FB is so different from when I was last on it (2007-2008). I dont like how it seems even less private than it used to be. 

Basically anyone with the messenger app can call you through it, which is ridiculous. There are some privacy and security settings, but not as strong as they used to be.  

[SJordanS 343]

2 hours ago, Cryssiekins said:

Basically anyone with the messenger app can call you through it, which is ridiculous. There are some privacy and security settings, but not as strong as they used to be.  

I just tested it out with guy who makes our business cards for my office. Here is what we found...first we checked to make sure we have no mutual friends and as he was standing in front of me I called and it rang. Then he checked his privacy settings but couldnt find where he can turn it off,  HOWEVER, if he turned off the setting that allows anyone to send a friend request, I could not call. That would mean he can not receive any new friends requests. Then we switched it to only allow friends of friends to send a request. I tried and it went through...again we have no mutual friends. Just yet another facebook glitch. 

[Lyz 29]

On 4/10/2019 at 4:05 PM, Ben&Zian said:

 

First email the embassy there and tell them of your desire to cancel the petition. Only you can cancel it. You can email USCIS too but they don't have any control of the petition anymore so.

 

You can send all evidence and all with the email if you wish as they may be able to put something in their files about him, but doubt can "ban" him forever.

 

Also, even if he gets the visa and managed to travel to the US... he can't adjust status except through marriage and sponsorship through you the petitioner, one fail safe of the K-1 so to say. So he would not be legal, not be able to get a green card let alone citizenship.

 

First and foremost, get in touch with the embassy immediately and have them cancel the petition before it gets issued. He may sit in AP for along time as a lot do, but don't chance it. Get it canceled now. I would contact them first before confronting him personally.

 

Sorry this has happened to you, but at least you found out now instead of later. This is the warning we at VJ give about knowing people because it's amazing the lengths they will go to to deceive people for their own gain. This is proof of what we have been talking about that others say we are crazy to think.

What a sumbag. So sorry to what has happened to Sarah but that guy deserves what is coming to him