Florida Family Living an Immigration Nightmare

[Trumplestiltskin 5,791]

I received bad/misleading info from the 1-800 customer service number on several occasions throughout the process (contrary to what the forms say - you have to supply more info than they actually ask for) that were it not for VJ I could have gotten into similar hot water to that which this couple are in. Of course its totally fair that 'I' should pay for that - while the clueless USCIS employees go about their business - inadvertantly giving other couples the shaft with next to no accountability.

I sincerely believe that without resources like VJ a lot of people would be out there having these sorts of problems but with no support network to draw upon.

[Alex+R 0]

I sincerely believe that without resources like VJ a lot of people would be out there having these sorts of problems but with no support network to draw upon.

And I think a lot of people ARE out there having these sorts of problems not only with no support network but no reasonably trustworthy resource for what one can and can't do on a visa. Lawyers often don't know either, but people shouldn't need a lawyer to use a simple government form if things are not complicated. The gov't should make things obvious.

[Mr. Big Dog 10,747]

What this couple did and did not know is debatable - bottom line, we just don't know. What isn't debatable, in my opinion, is that if this mother gets kicked after having lived here and raised a family for about 10 years then I don't see any justification for any of the illegal invaders to be afforded any better treatment. The whole sorry line of how they developed roots here, have family here, etc. all applies to this couple and there kids as well and they get the short end of the stick. Make no mistake, even if this amnesty happens, this lady, her USC kids and husband are not going to benefit from it in any way, shape or form. That's wrong and that is what makes me mad about it.

[Fandango 1,439]

My heart does go out to these people. I can see both sides tho. But a 10 year ban is preposterous.

[ivona 0]

I don't think it will come to that. With all the proof of connections that she made in the community that her husband talked about, from church involvement to work and so on, the waiver will probably be granted.

I just think there's a lot of information here they are not giving.

They are focusing on their "innocent mistake" where I would like to know what happened in those GC interviews, and what they were told.

[Trumplestiltskin 5,791]

I sincerely believe that without resources like VJ a lot of people would be out there having these sorts of problems but with no support network to draw upon.

And I think a lot of people ARE out there having these sorts of problems not only with no support network but no reasonably trustworthy resource for what one can and can't do on a visa. Lawyers often don't know either, but people shouldn't need a lawyer to use a simple government form if things are not complicated. The gov't should make things obvious.

Yes they should - and doesn't the USCIS forms make reference to a "paperwork reduction act". Makes you wonder what things were like before...

Its typical bureaucratic cruelty - they make the process needlessly complex with so many statuses and visa classifications, in-status / out-of-status designations that it seems geared to tripping people up. And punishing them for it.

[jundp 191]

Told by the local U.S. embassy in Japan that the visa would take about three to four months, Keith and Akiko planned their 1998 dream wedding in Hawaii, even allowing for an extra month. But with the wedding date fast approaching and still no visa, they asked the local U.S. embassy for advice.

According to Keith, he and Akiko were told to go ahead with the wedding and simply adjust Akiko's status from a fiancée visa to a marriage visa after she entered the U.S. That piece of advice has led to nine years of immigration nightmares and ultimately got Akiko kicked out of the country.

"We did what the government told us to do. Their timeline was wrong," said Keith. "Our initial intent was to get married and our intent is to stay married. There's no fraud on [Akiko's] side."

It sounds like she came to the US on a tourist visa, married here, and then tried to adjust status? Am I reading this right?

A similar thing happened to a friend of mine, through his attorney. They applied for the K1, were approved, and his lawyer told him they could marry in France and then return to the states with his wife's visa. She was turned away at her POE. Now, this was a legal wedding in France, not a non-legal religious wedding. But they weren't trying to commit visa fraud, they are both intelligent people, and they followed the advice of the attorney they paid good money for. It ended up causing them a 14 month separation and thousands more dollars to get her into the states.

I don't think these people intended to defraud the government, and I can understand why they were trying to get her and the kids back to the states. Especially as a small business owner I imagine it would be hard to find employment in Japan.

[Arazia 0]

In my time on these forums, this has come up a couple of times from users on here as well. Every now and again you'll see a post on the K-1 forum from someone who planned out their wedding and is stuck waiting for their visa. And the question always comes down to: Should I just go ahead and get married and what happens to me?

Usually someone sets them strait and explains that they either can't get married, can have a non-official(non-legal) ceremony, or that they can get married and abandon the K-1 visa in exchange for a K-3.

I don't find it entirely unlikely that these people got bad advice, but there certainly had to be red flags along the line. The fact that the visa was for a fiance', she was probably asked some sort of questions while at the point-of-entry. If she lied at that point and claimed she was not married... well that's fraud and she deserves what she got. If they didn't ask any questions and she skirted through, well... there's really no way of knowing what happened nine years ago, is there?

Do I feel sympathy for them? Sure, I do. Do I think there are other ways of handling the situation? Most certainly. I'm kind of tired of seeing sob-stories about split up immigrant families when most of the time they put themselves in that situation.

[mawilson 2,133]

1. They've been married for 9 years
   
2. She has a 10 year ban
   

Just wait another year - problem solved?

[Sinergy 3]

1. They've been married for 9 years
   
2. She has a 10 year ban
   

Just wait another year - problem solved?

if i read correct she lived here for 9 years and was deported not long ago??? if i read wrong, ok ill hush

[mawilson 2,133]

1. They've been married for 9 years
   
2. She has a 10 year ban
   

Just wait another year - problem solved?

if i read correct she lived here for 9 years and was deported not long ago??? if i read wrong, ok ill hush

Oh well. Another 10 years then.

[Saddle Bronc 124]

How would all of them immigrating to a third country (such as Canada--they'd probably qualify "nicely pointwise")?

[Mrs.J06 4]

Anyway, the "innocent mistake" that they are talking about was their conscious decision, to get married after filing for a faince, K1 visa and before the visa was granted. After they were married, they did nothing to cancel the K1 and start the spousal visa process. Instead, they used the K1 for her to enter the country after it was granted.

Hardly an "innocent mistake" on their part. This was either an action in full awareness of the possible consequences, or an act of stupidity (although they don't strike me as people who didn't know better). But, this one is one the petitioner and the USC, not the USCIS.

Given the problems this has caused them I'd hardly imagine they would have chosen to do this if they had known the legal problems that it caused. Imagine trying to do this immigration process by yourself without VJ (which didn't exist 9 years ago) - fair to say that DIYers back then knew a lot less about the ins and outs of the process than we do now...

You don't need to do a lot of research to figure out that a "Fiance/e Visa" is not for married people.

Mind if I ask to what extent you relied on the information on VJ (i.e. other people's experiences) to provide you with sufficient 'correct' info to file your case?

9 years ago these message boards and information resources didn't exist.

I agree - it is tragic that they were given wrong information by the authorities, but the instructions of the I-129F form make it fairly clear how to petition for either a fiance/e or spouse.

And while I certainly did turn to VJ and other people about advice, I certainly never relied on this message board alone! Nobody should! For any uncertainties about immigration - turn to attorneys, they existed 9 years ago, too.

[Trumplestiltskin 5,791]

Anyway, the "innocent mistake" that they are talking about was their conscious decision, to get married after filing for a faince, K1 visa and before the visa was granted. After they were married, they did nothing to cancel the K1 and start the spousal visa process. Instead, they used the K1 for her to enter the country after it was granted.

Hardly an "innocent mistake" on their part. This was either an action in full awareness of the possible consequences, or an act of stupidity (although they don't strike me as people who didn't know better). But, this one is one the petitioner and the USC, not the USCIS.

Given the problems this has caused them I'd hardly imagine they would have chosen to do this if they had known the legal problems that it caused. Imagine trying to do this immigration process by yourself without VJ (which didn't exist 9 years ago) - fair to say that DIYers back then knew a lot less about the ins and outs of the process than we do now...

You don't need to do a lot of research to figure out that a "Fiance/e Visa" is not for married people.

Mind if I ask to what extent you relied on the information on VJ (i.e. other people's experiences) to provide you with sufficient 'correct' info to file your case?

9 years ago these message boards and information resources didn't exist.

I agree - it is tragic that they were given wrong information by the authorities, but the instructions of the I-129F form make it fairly clear how to petition for either a fiance/e or spouse.

And while I certainly did turn to VJ and other people about advice, I certainly never relied on this message board alone! Nobody should! For any uncertainties about immigration - turn to attorneys, they existed 9 years ago, too.

Point is - mistakes happen.

Usually when you make a snafu on paperwork it doesn't net you what amounts to a 10 year exile.

[Caladan 19]

That's exactly it. A snafu anywhere else in your life, with the possible exception of insurance, can be figured out quickly and resolved. Even taxes are easier to fix than this. Here, a screw-up means you accidentally committed a felony.