Yodrak

I think it's the reference to "from an Asian country" that's too broad. Asia is a big place, and there are only a very few countries where 'working bar' is a code word for prostitution.

Yodrak

Not true. If you come from an Asia country and had anything at all to do with adult entertainment, working in a bar, nude modeling, etc. they will refuse your visa. I have a friend who is an Immigration Attorney living in Thailand and he said it is absolutely a reason for the visa to be denied. Actually, the K-1 visa process is all about ethics. That's why they check your family, your previous jobs, name changes, past marriages/children, etc. It's your visa, so make a good decision.

Well I would have guessed it wouldn't matter, but that just proves what a newbie I am (despite being on day 101 waiting for NOA2). The worst part is now I'm a little nervous because my fiancee is from S. Korea where she worked free of charge at the bar her family owns. It's totally legit so I guess I'll hope for the best. And be honest!

I think the reference to "working in a bar" was a bit too general. There are certain kinds of bars in Asia that appear to operate like any "Cocktail Lounge" or night club but, in reality, either the waitresses, the female clientele or both are prostitutes. Actually, these bars are quite common in some Asian countries. Certainly other "bars" are simply bars. Your fiancee will want to be sure to indicate she was employed by her family, also quite common in Asia.

kitkat,

Ahhh yes - thanks.

Yodrak

Dr_LHA,

A few months back someone was making exactly the same arguments. I thought we had got that one straightened out, and you've got me worried that PatientlyWaiting is the same person starting in again.

Yodrak

Nope - that one was Johnnie_Oz. ....

neel,

It would be prudent for your spouse to have a sponsorhip package containing your financial information should it be asked for. But if you don't qualify to sponsor it's your dad's financial package that will be of interest.

Yodrak

friends i need help filling out the I-134 for my spouse for the K-3 visa. I have been a college student and have only worked part time. My dad is going to be the main sponser so he will fill out the I-134 on my behalf. However, I also want to include my income tax papers as well...where do I put my information on the I-134... do i do a separate form for myself? any other suggestions would be highly appreciate.

thanks a million.

neel,

http://www.visajourney.com/forums/index.php?showtopic=81946

Yodrak

I also just want to add that my mom and dad jointly file their taxes...does the I-134 need her information as well? thanks

daisylynn,

Read the USCIS instructions for the I-130. Reconcile that with the VJ I-130 checklist. That's what you should submit in your I-130 package.

Interview comes later, after you have an approved I-130 (and after you apply for the visa).

Yodrak

Another question....

On the Guides section of this forum it has an I-130 package checklist. Is this all that I need to send in? What about the stuff under the pre-interview section. Do I need that now too or is that for later? And is this information updated and from a current source or is there somewhere else I can find a checklist? I have looked and not found anything.

Thanks!

Mister Fancypants,

One would expect the approval rate to be virtually 100%. "Very high", especially at a consulate that processes as many visa applications as Manilla does, means a large number of refusals.

As pushbrk recognizes, "many" does not mean 'most', it means enough to be a noticeable phenomenon.

Yodrak

Yes and Thailand too. It's a fact, not a judgment. The keyword is "many" not "all" or even "most" but enough that an attractive young woman who never had a job, would be answering questions about how she makes her way in the world. (pays the bills)

I can't speak for other embassies, but my impression with the Manila Embassy is there is a very high rate of K-1 approvals to denials. I don't know of any statistics on how many former prostitutes become K-1 beneficiaries, but either the Embassy doesn't care about such types of employment or your claim that many of them are former prostitutes is inaccurate.

I'll take your word for it...I'm just surprise that a K-1 could make it through the interview process if there was evidence that the beneficiary had been involved in prostitution.

I expect a good number of both the successes and denials are such cases. In the successful cases, the truth would not have come to light. The existence of evidence doesn't necessarily mean the evidence was observed or considered in the visa process, or was even known by the petitioner.

In those cases then, the beneficiary must have not been factual with regard to employment history.

Yes.

Just to be clear - some may have gotten the impression from this thread that it's ok with the CO's if the beneficiary has worked in the entertainment industry that possibly involved some kind of sexual favor in exchange for money.

I hope not - the opposite was intended.

For anyone who is petitioning such a person, I think they should be aware that such types of employment could lead to a denial, particularly if the petitioner and beneficiary met through such means as with the OP.

Exactly. Hence my recommendation to consult with an immigration attorney who is familiar with the consulate where the visa interview will take place at the start of the process, before the petition is filed. The objective is to present the information that must be presented in as benign a fashion as possible without making a material misrepresentation - in politics they call it 'spin' - and be consistent about it throughout the process. As in politics, inconsistency - modifying one's story partway through the process - is a good way to attract unwanted attention.

Before one attempts to 'spin' an issue, they had best know which way the wind is blowing for the intended audience. Otherwise they make the situation worse instead of better.

Yodrak

robinlake,

I fully agree with you. I myself met my wife on the internet, several years after returning to the USA from my overseas assignments.

Yodrak

robinklake,

Yes. I saw, and knew, many men who met their wives in the 'entertainment industry' in my time as an expat.

Yodrak

You saw prostitution or prostitutes applying for K-1 visas?

...

that may be and I'm sure it exists. I too have travelled and lived in Asia and know the kind of stuff that goes on. But the impression I get here on the website is that most men met their fiancees the same way people did from other parts of the world - through the internet.

robinklake,

Yes. I saw, and knew, many men who met their wives in the 'entertainment industry' in my time as an expat.

Yodrak

You saw prostitution or prostitutes applying for K-1 visas?

...

Mister Fancypants,

One would expect the approval rate to be virtually 100%. "Very high", especially at a consulate that processes as many visa applications as Manilla does, means a large number of refusals.

As pushbrk recognizes, "many" does not mean 'most', it means enough to be a noticeable phenomenon.

Yodrak

Yes and Thailand too. It's a fact, not a judgment. The keyword is "many" not "all" or even "most" but enough that an attractive young woman who never had a job, would be answering questions about how she makes her way in the world. (pays the bills)

I can't speak for other embassies, but my impression with the Manila Embassy is there is a very high rate of K-1 approvals to denials. I don't know of any statistics on how many former prostitutes become K-1 beneficiaries, but either the Embassy doesn't care about such types of employment or your claim that many of them are former prostitutes is inaccurate.

devilette,

Yes. Been there, saw it happening personally.

Yodrak

I expect what's on pushbrk's mind, given that he thought the woman was from the Phillippines, is that many K-visa applicants from the PI are or have been prostitutes.

Are you sure you can back up that blanket statement?

Dr_LHA,

Very true. At our level we need to stick with the USCIS and DOS interpretations of the law as given in their instructions, guidelines, and manuals. If we run into problems there and it's necessary to go back to the underlying law to resolve the issues that's what lawyers are for.

Yodrak

The trouble with quoting the law, is that we're not lawyers. ....

Dr_LHA,

A few months back someone was making exactly the same arguments. I thought we had got that one straightened out, and you've got me worried that PatientlyWaiting is the same person starting in again.

Yodrak

Why do I have this feeling of deja vu all over again?

I was just joshing!

Asif,

You are going to follow yourself to the USA, with another immigrant visa.

The answer to both questions, as you have described your situation, is 'none' as you correctly wrote on the form.

Yodrak

If write "yes" for 21a I am not sure i am gona go back to my home country and take the flight togather and come our here

for 21b that i think I need to write "yes"

if I say yes then I am the person?

claire,

When filing what?

If filing to make a major family change I would suggest a family lawyer over an immigration lawyer.

Yodrak

I was just wondering how many in here have used immigration lawyers when filing. And does anyone know of any non-profit lawyers that will give advice?

cew,

Get the greencard then have two legal consultations - one with a divorce attorney and one with an immigration attorney. See if you can find attorneys who know and consult with each other - there may be things that are helpful for one case but detrimental to the other, some tradeoffs in strategies may have to be made based on your personal needs and priorities.

rwj makes a good suggestion to start studying the I-751 and required supporting documentation now.

Yodrak

I dont know about timelines etc, but I have my interview in 3 weeks for my greencard, then I understood I had to wait another 2 years until it was truely mine, without needing my husband. It was a genuine marriage, although I dont know how to prove this, other than trips, photos, emails, two wedding ceremonies etc.

I will wait out the 2 years pretending I dont know/care about the affair if I have too, I have been here in the US for nearly 3 years, and have great friends/job etc that I dont want to give up, but I would love to leave him if I could, I would never let someone treat me like this if I wasn't trapped.

Dr_LHA,

Why do I have this feeling of deja vu all over again?

Yodrak

Thank you for your posts Yodrak and Lal. Those are the kind of answers that I am looking for.

So you promise to stop posting wrong information as fact now?

Boiler,

With regard to EAD - yes. But it has the disadvantage of being a waste of money.

Yodrak

1 No

.....

.....

1. Can we apply for AP and EAD before we apply for AOS?If yes,is there any disadvantage of doing that.

.....

Clarky and Tarah,

Maybe. As Gaby&Talbert wrote, you'll need to contact them to find out what they mean.

Yodrak

Thank you all for the information. The exact quote from the website is:

"Find out if you're eligible: I have no prescription drug coverage. I am not eligible for Medicare. I am a resident of the US or Puerto Rico".

I see on the application that it doesn't require a SSN. Maybe they did just mean "legally here".

.....

Lona,

Thanks for the information - it explains why you mentioned the I-94W in connection with Canada. I was a bit puzzled, which is why I parenthetically questioned whether you were a Canadian.

Yodrak

.....

( am permanent resident of canada not canadian citizen , my citizenship is german , been LPR in canada since 17 years )

Lona

fwaguy,

I expect what's on pushbrk's mind, given that he thought the woman was from the Phillippines, is that many K-visa applicants from the PI are or have been prostitutes. In the environment there an adult woman who claims to be making her way in the world without employment may well be trying to hide something and is perhaps much more likely to be questioned about it than in, say, the Ukraine.

As I wrote in my post, it might be a good idea for dbs78 to get his ideas about how to deal with his fiancee's employment situation from someone who is familiar with the 'climate' in the US consulate in Romania before deciding how he wants to present the woman to the USCIS and the DOS.

Yodrak

They are going to want to know how an adult manages to pay the bills if not employed, and probably suspect worse.

I do not think this is universally the situation. My SO put on her application as "unemployed"... Nothing ever came up about it as she was asked ZERO questions at her interview.

It's not a universal statement. It applies to the OP's situation. He's engaged to an attractive young woman from the PI. The suggestion was to indicate she was "never employed".

You continually introduce statements where there are no facts to support. No where have I ever read an indication that the consulate officer gives a "hoot" how the adult manages to pay there bills..... And if this was your experience in China, then it might only be in China.

Dr_LHA,

Agreed. That's why our Gentle Posters need to use (and understand) correct terminology - including capitalization.

Yodrak

If they accurately quoted the website, I wonder what the website meant by 'legal resident'? Probably LPR, but who knows for sure?

Exactly. You can read into it what you like. Personally I always interpreted it as meaning "you're here legally", it the company doesn't explicitly state that they mean Green Card Holders, then its their fault! The trouble is that the word "resident" has so many odd reasons. If an illegal alien rents a house in California, are they not residents of that state after all? Depending on which particular definition you use, it can be yes or no.

Asif,

If you were to write 'yes' who would those persons be?

Yodrak

21a. Person(s) named in 14 and 19 who will accompany you to the United States now.

21b. Person(s) named in 14 and 19 who will follow you to the United States at a later date.

Hi question 14 is about me and for 19 we do not have any children.

I wrote "None" for both 21a and 21b.

Or should I write yes.

pushbrk,

Romania? But maybe the same concerns exist in that country as in the PI, I don't know.

I think I'd be consulting with an attorney who has experience dealing with the consular officers in Romania for advice on how to present the employment information in the petition and visa application, and for advice on how to deal with questions that may arise at the visa interview.

I don't see a big issue for the petition other than to be consistent with what's going to be presented and said to the consulate.

Yodrak

They are going to want to know how an adult manages to pay the bills if not employed, and probably suspect worse.

I do not think this is universally the situation. My SO put on her application as "unemployed"... Nothing ever came up about it as she was asked ZERO questions at her interview.

It's not a universal statement. It applies to the OP's situation. He's engaged to an attractive young woman from the PI. .....

Gaby&Talbert,

Point of clarification: Unemployment compensation is paid through and administered by the (state) government, funded by employers and (in some states if not all) their employees.

Yodrak

..... Unemployment benefits are based on how long she had worked for the company and her salary. It is payed by the employer, not the government.

.....

van,

Right, you are not a US citizen - you are not eligible for a US passport and the rule does not apply to you.

Yodrak

I have my Canadian passport to visit Canada but the question is will the greencard be sufficient enough for me to return back to the states? Given that the new rule has stated all US citizens must carry a passport including greencard holders - but how can I have US passport if Im not a citizen yet, I'm just a permanent resident. .....

Dr_LHA,

I apologize - I did misunderstand you.

I suspect that there's no issue if a Civil Surgeon does more than is required to satisfy themself that they are giving an accurate report on the applicant's health. There would (should) be concern if they do less than the instructions require.

Yodrak

As I also wrote in the thread that you quoted from,

"However, I'm not a Civil Surgeon nor have I or anyone I know ever had an immigration medical exam performed by a Civil Surgeon. Read here and see what you think.

http://www.cdc.gov/ncidod/dq/pdf/ti-civil.pdf "

I know, I wasn't contradicting you, I was just giving the opinion of someone who had been to a civil surgeon. My civil surgeon may have been mistaken for all I know. No problem for me because through some miracle, my Insurance paid for the X-ray anyway.