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EdwinandMary

Please Help Cuban Fiance pending denial

By EdwinandMary in Mexico, Latin & South America

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EdwinandMary Contributor

EdwinandMary   0

Posted
Filed: K-1 Visa Country: Cuba
 Timeline
Posted (edited)

This past month i filed a petition for my Cuban fiancé from the United States. I received I-797C, the first notice with action with no problems. Then a week later, I received a letter stating that my petition may be deny because I haven't met my fiancé in the last two years. But the truth is that just got back from Cuba and met her, but I was scared to say that I travel to Cuba from Mexico (because of US restriction for US citizens to travel to Cuba). I thought by stating in a letter (with my I-129f petition) that said "Due to U.S. restrictions in traveling to Cuba, i am unable to see her, and I thought that will be acceptable But it seems like it’s not a acceptable answer. The letter is stating that I should provide evidence to extreme hardship in meeting my Cuban fiancé. And i am not sure how to prove that. And to make things worst, i just found out that my fiancé is pregnant with our first child. I was thinking in writing a letter stating that I did meet my fiancé in Cuba this past august, and provide the proof of receipts to the airlines ticket purchased from Mexico to Cuba, and my copy of my passport stamp in Mexico. But by doing this, the government will known that I lied in the originally I-129f petition that I haven't travel to Cuba.

I'm not sure what to do, If they is anyone out there that has a give some advice it will be greatly appreciate. I pretty stress out because if my petition is deny, not only I can't get to bring my fiancé, but I could can’t bring my child to be born. PLEASE HELP

Edited by EdwinandMary
DakotaK1 Proficient

DakotaK1   1

Posted
Filed: AOS (pnd) Country: Germany
 Timeline
Posted

To tell you the truth I would be honest and tell them and show them proof.

I pretty sure other couples that had their fiancee's over there did the same thing.

And you might want to ask some advice in the regional threads,I am sure there is a Cuban one there too.

bora bora Experienced

bora bora   1

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted
Edit: just read the end of your post.

Honestly, lying on a I129F....I can't believe it.

Talk to a lawyer...

11/2004 - Met in Brazil

09/2006 - Apply for K1

03/2007 - K1 approved

04/2007 - Apply for AOS & EAD

07/2007 - EAD approved

01/2008 - Conditional Residency approved

11/2009 - Apply to remove conditions

02/2010 - Permanent Residency approved

11/2010 - Apply for Citizenship

03/2011 - Citizenship approved

07/2011 - Moved back to Brazil

athena_ny Proficient

athena_ny   1

Posted
Filed: AOS (apr) Country: Peru
 Timeline
Posted

Lying on an immigration document?

You need to see an immigration lawyer. Stat.

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

MandR Community Regular

MandR   0

Posted
Filed: Lift. Cond. (pnd) Country: Peru
 Timeline
Posted

It's definately time to seek the advise of an Immigration Attorney.

1. You should not have lied on your immigration document. Trust me... they always find out.

2. Your extreme hardship would have been "U.S. Citizens have restrictions traveling to Cuba"

Good luck

K-1 Adventure

9/04 - 2/06

Met in Peru, Engaged, Successful I-129F, K-1 interview and Married

AOS / EAD / AP and Remove Condition

3/06/06 - AOS/EAD/AP process begins

3/31/06 - AOS/EAD/AP package Fed Ex'd to Chicago

4/03/06 - AOS/EAD/AP package signed & received

4/10/06 - NOA1's received for AOS, EAD and AP via U.S. Mail

4/11/06 - All 3 checks cashed / $745.00 poorer but worth every penny

4/27/06 - Receive Biometrics appointment letter scheduled for 5/11/06

5/11/06 - Biometrics completed

6/02/06 - Receive notice that AOS only has been transferred to California to speed things along

6/07/06 - E-mail that AOS received in California

6/13/06 - Welcome letter mailed by California... yeah baby

6/17/06 - Official welcome letter received and card will arrive within 3 weeks

6/19/06 - Card arrived in the mail.......

3/08/07 - Trip back to Peru for 10 days and our Religous Wedding

3/2007 - We're Pregnant

12/19/07 - Sebastien Joshua born 8:29am 7lbs 2oz 19.5"

3/14/08 - I-751 Removing Condition is in the mail

3/20/08 - Checked cashed

3/17/08 - I-751 Package signed and received

3/24/08 - Case moved to Vermont

4/17/08 - Biometrics completed

4/21/08 - Touched...........

6/16/08 - Touched once again........

11/3/08 - Touched again.. this is begining to feel good

athena_ny Proficient

athena_ny   1

Posted
Filed: AOS (apr) Country: Peru
 Timeline
Posted
It's definately time to seek the advise of an Immigration Attorney.

1. You should not have lied on your immigration document. Trust me... they always find out.

2. Your extreme hardship would have been "U.S. Citizens have restrictions traveling to Cuba"

Good luck

Probably wouldn't have gotten approved as extreme hardship - I've never seen it done. Usually they'll just expect you to meet in a third party country, but also: a lot of the USCs bringing over Cubans are Cuban-Americans themselves, so that gets them around that (rambling, oh well) - I did see one somewhere that the USC went to Cuba by way of DR but don't know what the outcome of that situation was...

this is the way the world ends

this is the way the world ends

this is the way the world ends

not with a bang but a whimper

[ts eliot]

aos timeline:

married: jan 5, 2007

noa 1: march 2nd, 2007

interview @ tampa, fl office: april 26, 2007

green card received: may 5, 2007

removal of conditions timeline:

03/26/2009 - received in VSC

07/20/2009 - card production ordered!

  • 1 month later...
rebex05 Community Regular

rebex05   1

Posted
Filed: K-1 Visa Country: Cuba
 Timeline
Posted

probably figured this out by now but always tell the truth. they would not care if you went legally or not... but not sure what to tell you now. all i can say is it worked out for us.

03/16/03: Met the love of my life

01/24/06: Officially began our relationship

11/01/06: He proposed marriage :)

02/17/07: I-129F Sent to NSC

02/23/07: I-129F NOA1

02/28/07: I-129F NOA2 (found out while checking on-line)

03/02/07: Received hard copy NOA1

03/08/07: Received hard copy NOA2

03/13/07: NVC sent packet to La Habana

03/27/07: Telegram "sent" to fiance to pick up packet 3... never received

04/02/07: I contacted the "embassy" to find out status of case and set up pick up date

04/04/07: Fiance picked up packet 3

04/05/07: I called toll-free # here to set up appointment for my fiancé

05/10/07: Interview scheduled for 7:30AM... Visa Approved!!!!!!!!

05/14/07: Picks up passport/visa and brown sealed envelope

05/15/07: Paperwork for the carta blanca turned in

05/24/07: Carta Blanca received and bought plane ticket

06/04/07: Entry into the US... together again!!!!!!!

08/07/07: MARRIED!!!!!!!!!!!!!!

  • 1 month later...
crew1980 Explorer

crew1980   1

Posted
Filed: K-1 Visa Country: Cuba
 Timeline
Posted

EdwinandMary,

You've got a real problem on your hands. Well, I'm not Cuban-American and even they have tighter restrictions than in the past.

I was NEVER asked about how/why I travelled to Cuba. I'm with all the other posters in that you need to consult a QUALIFIED immigration attorney. Someone who is familiar with the problems that a Cuban fiance can sometimes face.

Even if you withdraw and resubmit, it's possible that you could face some type of problem, I just don't know.

GET A LAWYER!!

Toria and Salva

Met Salvador on internet dating website Dreammates.com April 2002

We decided to meet in person Buenos Aires, Argentina August 2002

1st K1 petition approved w/ interview date March 2004

Didn't attend interview, we decided Salvador should first return to Cuba

Petitioners First Name: Toria

Beneficiaries First Name: Salvador

Visa Type: K1

Beneficiary's Country: Cuba

Service Center: VSC

Embassy: U.S. Interests Section, Havana, Cuba

Date I-129F Sent (mailed USPS Overnight) : 12/18/05

Date I-129F NOA1 (Received Date) : 12/21/05

Date I-129F NOA1 (Notice Date) : 12/29/05

Date I-129F NOA1 (Received Snail Mail) : 1/5/06

Touched! 1/4/06

I-129F RFE(s) : NONE

Date I-129F NOA2 (Approved) : 1/31/06 34 days!!

Date Package Received By NVC: 2/3/06

Date Package Left From NVC: 2/9/06

Date Received By Consulate : 2/21/06

Date Rec Instructions (Pkt 3) : 2/22/06

Date Complete Instructions (Pkt 3) : 4/28/06

Date Rec Appointment Letter (Pkt 4): 5/9/06

Interview Date : 8/8/06

Date Visa Received : 8/8/06

Date Applied for Cuban Exit Visa : 8/10/06

Date Rec Cuban Exit Visa : 2/6/07

Date of US Entry : 2/7/07

Date of Wedding : 2/8/07

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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