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LexieJ

Petitioner died and and f2b applicant did not disclosed during interview and was approved, is this misrepresentation?

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Filed: F-1 Visa Country: Philippines
Timeline
Posted

Not sure if this is the right forum for this, Mods please move to the appropriate spot, thanks!  So this  posted in our FB group chat, f2b applicant had interview 8/23/23 and per the one that posted the petitioner died 8/10/23 and the applicant still pushed through with the interview and was eventually approved for the visa,  the petitioner’s and joint sponsor’s information were all updated and uploaded in CEAC, applicant did not disclose the petitioner’s death nor it was brought up during the interview. So I’m guessing this is misrepresentation, right? This was at the Manila embassy. 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted

Agree that the visa would not have been issued if CO had known.

 

Death of a Petitioner or Principal Applicant - U.S. Embassy in the Dominican Republic (usembassy.gov)

 

"It is unfortunate when a relative dies and we are always saddened to learn of the death of one of our petitioners or applicants.  However, the death of a petitioner or applicant can have serious consequences on the outcome of a visa petition.  If the petitioner dies before the principal applicant has immigrated to the United States, the petition is automatically revoked.  This means the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS).

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
3 minutes ago, Boiler said:

F2b Philippines complications I have seen have mainly been where the person has married, and forgets to mention that. Really the same deal.

Yes.  What are the implications of this situation?  Naturalization issues, perhaps? 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Wales
Timeline
Posted
2 minutes ago, Crazy Cat said:

Yes.  What are the implications of this situation?  Naturalization issues, perhaps? 

The interview was today, so who knows? There can not have been a visa issued. We may be getting into ToS issues speculating.

“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.”

Filed: F-1 Visa Country: Philippines
Timeline
Posted

Thank you @Boiler and @Crazy Cat, yes the interview was today in Manila, this is second hand information as the applicant was in another group and the one that posted in our group just shared it with us, anyway if CBP finds out about this at the point of entry can this person be refused entry? I’m thinking too that this might be brought up during naturalization.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Absolutely they can be refused entry assuming they get the visa.

“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.”

Posted
23 minutes ago, Crazy Cat said:

Yes.  What are the implications of this situation?  Naturalization issues, perhaps? 

Right up to denaturalization, I would think.

Filed: F-1 Visa Country: Philippines
Timeline
Posted
25 minutes ago, Boiler said:

F2b Philippines complications I have seen have mainly been where the person has married, and forgets to mention that. Really the same deal.

There’s a case like that in that other group but the applicant was denied because he could not get a CENOMAR.

Filed: K-1 Visa Country: Wales
Timeline
Posted
6 minutes ago, LexieJ said:

There’s a case like that in that other group but the applicant was denied because he could not get a CENOMAR.

 

We went through a spate of them, a few years back. Must admit I did not know they asked for a CENOMAR for non K1 cases, makes sense but maybe that is why I have not see any recently?

“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.”

Filed: Citizen (apr) Country: Russia
Timeline
Posted

If anyone knows of this issue first hand, they can report it to the Consulate, or to DHS.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

  • 6 months later...
Filed: FB-2 Visa Country: Philippines
Timeline
Posted
On 8/23/2023 at 11:45 PM, Crazy Cat said:

Agree that the visa would not have been issued if CO had known.

 

Death of a Petitioner or Principal Applicant - U.S. Embassy in the Dominican Republic (usembassy.gov)

 

"It is unfortunate when a relative dies and we are always saddened to learn of the death of one of our petitioners or applicants.  However, the death of a petitioner or applicant can have serious consequences on the outcome of a visa petition.  If the petitioner dies before the principal applicant has immigrated to the United States, the petition is automatically revoked.  This means the consular officer will not be able to issue a visa to any of the beneficiaries of the petition and will be required to return the petition to the Department of Homeland Security (DHS).



Is it possible to add a joint sponsor in CEAC in case petitioner dies?

Filed: K-1 Visa Country: Wales
Timeline
Posted

That would be a Substitute Sponsor and a different process.

“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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