uscis is giving me problems with K1

[SE18 2]

USCIS accused me of forging my fiancee's name (Filipina), though I was in the Philippines and saw her sign the documents.

also, . I received three notices of decision (dated Sept. 21, 2016) regarding my I-765 Application for Employment Authorization for my fiancee and 2 kids:

The decision USCIS made was, "Documentation submitted shows you have not made a valid entry into the U.S. as a nonimmigrant fiancée. You have not established eligibility for the benefit sought. Therefore, your application is denied."; they cashed my check for $1200 and didn't return the money.

third, USCIS asked for a copy of my divorce from a Japanese national 35 years ago, which was lost and non exists in Japan, according to Oyoshi Yoshiyasu, who is a clerk at Naha Family Court, Okinawa, Japan, telephone from the U.S. is 01181-98-855-1000.

According to the Japanese Embassy, https://japan.usembassy.gov/e/acs/tacs-marriagedoc.html

"If one of the partners is a Japanese citizen, marriage documents will only be kept at the city or ward office for one month or one year. They are kept one month if the Japanese partner registers his/her marriage at his/her office of permanent domicile, and one year for other cases. After that, marriage records are forwarded to the nearest Legal Affairs Bureau, where they are kept for 27 years."

After 27 years, the divorce decree no longer exists.

In short USCIS refuses to allow me to marry any foreign national.

The Japanese spouse I divorced in 1981, was while I was in the Marine Corps in Okinawa, Japan. I submitted my service record book entry showing the divorce and stopping of benefits but they said that was secondary evidence.

It's sooo exasperating. Don't these people have any humanity and common sense?

[aratamorne 165]

USCIS accused me of forging my fiancee's name (Filipina), though I was in the Philippines and saw her sign the documents.

also, . I received three notices of decision (dated Sept. 21, 2016) regarding my I-765 Application for Employment Authorization for my fiancee and 2 kids:

The decision USCIS made was, "Documentation submitted shows you have not made a valid entry into the U.S. as a nonimmigrant fiancée. You have not established eligibility for the benefit sought. Therefore, your application is denied."; they cashed my check for $1200 and didn't return the money.

third, USCIS asked for a copy of my divorce from a Japanese national 35 years ago, which was lost and non exists in Japan, according to Oyoshi Yoshiyasu, who is a clerk at Naha Family Court, Okinawa, Japan, telephone from the U.S. is 01181-98-855-1000.

According to the Japanese Embassy, https://japan.usembassy.gov/e/acs/tacs-marriagedoc.html

"If one of the partners is a Japanese citizen, marriage documents will only be kept at the city or ward office for one month or one year. They are kept one month if the Japanese partner registers his/her marriage at his/her office of permanent domicile, and one year for other cases. After that, marriage records are forwarded to the nearest Legal Affairs Bureau, where they are kept for 27 years."

After 27 years, the divorce decree no longer exists.

In short USCIS refuses to allow me to marry any foreign national.

The Japanese spouse I divorced in 1981, was while I was in the Marine Corps in Okinawa, Japan. I submitted my service record book entry showing the divorce and stopping of benefits but they said that was secondary evidence.

It's sooo exasperating. Don't these people have any humanity and common sense?

Can you add your timeline. You state K1, but you are already filing for EAD??? Do you mean CR-1?

[kris&me 572]

Japan may not have kept the divorce degree but the military should have a copy / they keep records forever ( i know as my dad died over 20 years ago and i just got copies of some to help my mother in a nursing home)

the signature must not have matched one USCIS has seen on other documents / many people sign in many different ways but it is best to watch how you sign for immigration and sign same as national ID or driving license or passport

$1200????

is this a K 1 as stated if so, you need to go and marry / if Japan allows the marriage then should be safe

[Anitafeliz 1,133]

Which document do they state you forged

[Harpa Timsah 13,258]

It sounds like you are filing Adjustment of Status while your fiance is still in PI. If she was in the US (which you need to be for an EAD) then she would sign the forms in the US.

Also, USCIS says that she has not established a legal entry. Where is she?

Edited October 17, 2016 by Harpa Timsah

[Boiler 45,649]

If your partner is a Japanese citizen, then the facts of a marriage or divorce in Japan are also recorded on their family registry, the koseki. This record is kept in the ward or city office where the Japanese Citizen is permanently domiciled, and can only be obtained directly from that office. The Embassy or one of Consulates cannot obtain such documents on your behalf. You will need to contact the issuing office directly.

[N-o-l-a 7,168]

It sounds like you are filing Adjustment of Status while your fiance is still in PI. If she was in the US (which you need to be for an EAD) then she would sign the forms in the US.

Also, USCIS says that she has not established a legal entry. Where is she?

This.

You couldn't have gotten an approved K1 without the divorce paperwork, so why are you filing for an EAD?

[KayDeeCee 4,893]

This is so confusing. You are filing for a K-1? What stage are you at? The I-129F petition would be with the USCIS. The actual K-1/K-2 visa applications would be with the Dept. of State(DoS).

You are having a problem with the USCIS, and filing the I-765 for your fiance(e) and her 2 kids? Are they in the US already? Why are you filing for the EAD without being married and filing for AOS too? Also, $1200 for what? Filing for the EAD before filing for AOS would have a fee of $380, and times 3, that is only $1140.

For what form is the USCIS asking for your divorce decree?

[SE18 2]

Timeline:

May 2016: met fiancee in Manila where she and 2 daughters live (never came to US).

July 22: filed K-1 and Employment Authorization for fiancee and her 2 daughters, 18 and 20. My friend who married Filipina said to do it b/c that's what he and his friends did and it was approved. Her 2 daughters want to accompany her mom to the US. Problem is, one daughter will turn 21 on Nov 5, thus making her ineligible to come over on the K1 so requested expedited visa before she "ages out."

Aug. Expedited K1 denied and the 3 employment authorizations denied by USCIS. They did not return my money to me. Now I know the employment should have been done after they arrive in the US. Also at this time USCIS made a request for evidence, accusing me of forging her signature, and asking for my divorce decree. My service record book entry that I copied and sent to USCIS was denied as lack of primary evidence.

Sept Petitioned the National Military Record Center asking for a copy of my divorce decree. Never heard back from them.

Oct (now) awaiting reply from USCIS regarding my answers to their request for evidence. Fiancee and daughters in Manila still waiting. They got their passports and international drivers license and just need the K1 visa to come over

[Anitafeliz 1,133]

Ok first you are misinformed

You cannot seek those services together. EDA is once she's in the states. Expedite because she's 21 is not an expedite criteria.

And uscis does not have to return monies to you because you miss field forms. They still had to work on them and rule you out due to you missfiling.

Edited October 17, 2016 by Anitafeliz

[JFH 12,190]

Good that you've found this website now before you went even further down the wrong path.

EAD as you now know comes much later in the process - after the K-1 is issued and they have arrived and you have married. If working immediately is important to your wife, you should get married first (anywhere in the world) and file a CR-1 spouse visa. With this visa type your wife will be able to work the day she arrives.

Take time to read the guides here for fiancé and spousal visas and make the right choice for your circumstances, not what other people told you they did.

The daughter over 21 will likely not be able to come with her mother. But at 21 I didn't want to live with my mother either so it might not be such a bad thing. If your wife wants to bring her later, she can petition for her when she herself becomes a permanent resident. This will take a lot longer though. Current wait for unmarried sons and daughters of permanent residents from the Philippines is around 10.5 years. She would have to remain unmarried for the whole duration of the wait.

Edited October 17, 2016 by JFH

[Georgia16 2,858]

Timeline:

May 2016: met fiancee in Manila where she and 2 daughters live (never came to US).

July 22: filed K-1 and Employment Authorization for fiancee and her 2 daughters, 18 and 20. My friend who married Filipina said to do it b/c that's what he and his friends did and it was approved. Her 2 daughters want to accompany her mom to the US. Problem is, one daughter will turn 21 on Nov 5, thus making her ineligible to come over on the K1 so requested expedited visa before she "ages out."

Aug. Expedited K1 denied and the 3 employment authorizations denied by USCIS. They did not return my money to me. Now I know the employment should have been done after they arrive in the US. Also at this time USCIS made a request for evidence, accusing me of forging her signature, and asking for my divorce decree. My service record book entry that I copied and sent to USCIS was denied as lack of primary evidence.

Sept Petitioned the National Military Record Center asking for a copy of my divorce decree. Never heard back from them.

Oct (now) awaiting reply from USCIS regarding my answers to their request for evidence. Fiancee and daughters in Manila still waiting. They got their passports and international drivers license and just need the K1 visa to come over

So are really really misinformed about this whole process and you really need to sit down and read, read and read some more otherwise you'll get a chock when they get here also!

(For your information they may not be allowed to drive for long before they get their EAD in the US, it depends on your state)

Also you said you have responded to their request for evidence?? What have you sent them since you still don't have the divorce decree?

If they don't get what they want they might deny the petition or if you are lucky a new RFE.

Your fiancé is a K-1, her two daughters are K-2´s.

You are making this process way harder then it has to be and way longer then it should be. They are pretty fast right now but when you don't do it right YOU just drag out the time.

Also NO they won't return the money you lost because you filed for their EAD and it got denied. That's why I say do you own research before you just do something. AOS when they get here will be very expensive for you so you better get your duck in a row before you do anything else.

[Pennycat 880]

They're not eligible for EAD until they've arrived in the US. It's not a "should do" it's a "have to do". Furthermore, in reality, they're not going to have an EAD worth anything until after you're married. That's because they'll get a 90 day entry stamped in their passports. EAD can be issued before you're married, but will only be valid for as long as their legal entry is (90 days). It takes about 90 days, or more, for them to issue EAD. So really, you'd pay the filing fees for nothing (again).

International drivers' licences more than likely aren't acceptable in your state for the long term (but check)... they're meant for tourists/short term visitors, not residents. They will also expire after 90 days.

I would focus on just the visa and worry about the work stuff later, especially because it sounds like you've got a timeline problem with the older daughter. Unfortunately there are no shortcuts to the end goal, and trying to do that has already cost you a lot of time. They won't accept aging out as an expedite criteria. This may not happen in time for her.

If a divorce decree isn't available (I second the suggestion that the military may be a good place to look, although my recent experience is that they don't keep much. A veteran friend of mine died this summer and we contacted them looking for a will or any legal next of kin and they came up with exactly nothing to help), you're going to need to see if getting married would solve the problem. If not, you'll need to involve your Congressman's office to try to straighten it out. Make sure you call the local office, not the DC office. The local office folks are there for this exact reason--to help constituents with problems with federal agencies. They have contacts at USCIS whose job it also is only to talk to congressional representatives and is by far the quickest route to a real, actual, clear answer from someone who actually knows what they're talking about.

[Georgia16 2,858]

They're not eligible for EAD until they've arrived in the US. It's not a "should do" it's a "have to do". Furthermore, in reality, they're not going to have an EAD worth anything until after you're married. That's because they'll get a 90 day entry stamped in their passports. EAD can be issued before you're married, but will only be valid for as long as their legal entry is (90 days). It takes about 90 days, or more, for them to issue EAD. So really, you'd pay the filing fees for nothing (again).

International drivers' licences more than likely aren't acceptable in your state for the long term (but check)... they're meant for tourists/short term visitors, not residents. They will also expire after 90 days.

I would focus on just the visa and worry about the work stuff later, especially because it sounds like you've got a timeline problem with the older daughter. Unfortunately there are no shortcuts to the end goal, and trying to do that has already cost you a lot of time. They won't accept aging out as an expedite criteria. This may not happen in time for her.

If a divorce decree isn't available (I second the suggestion that the military may be a good place to look, although my recent experience is that they don't keep much. A veteran friend of mine died this summer and we contacted them looking for a will or any legal next of kin and they came up with exactly nothing to help), you're going to need to see if getting married would solve the problem. If not, you'll need to involve your Congressman's office to try to straighten it out. Make sure you call the local office, not the DC office. The local office folks are there for this exact reason--to help constituents with problems with federal agencies. They have contacts at USCIS whose job it also is only to talk to congressional representatives and is by far the quickest route to a real, actual, clear answer from someone who actually knows what they're talking about.

It's a international driving permit and mine is valid for a year. But as i said above and as you write won't help them much since it's the state law for DL there counts.

[Pennycat 880]

It's a international driving permit and mine is valid for a year. But as i said above and as you write won't help them much since it's the state law for DL there counts.

Exactly. It doesn't matter how long the international driving permit is valid for, what matters is if the home state will accept it and for how long. My state will allow you to drive on a foreign driver's licence (and I assume an international permit? It is not clear) for 6 months....unless you become "gainfully employed" in which case you must get a Virginia driver's licence. I assume that this has something to do with some states' history (or current) attempts at preventing illegal immigrants from getting driver's licences.

Just putting it out there, because it sounds very much like OP was attempting to set things up so they were good to go with work permits and travel independence on Day 1, which is a nice thought but is unfortunately really not realistically possible.