ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresFiancee Visa Question

He cannot adjust the status as she entered US already in the process of I129F. This means that she already showed intent and AOS will be denied due to material misrepresentation at the time of entry. If she entered US BEFORE applying for I129F, and got married, and applied for AOS and STATED that she did not have intent, only then it would work.

Actually, USCIS can not deny AOS based solely on their belief that the applicant entered with immigrant intent. USCIS needs to prove that the applicant misrepresented a material fact in order to gain admission into the US. There have been several examples of CBP suspecting someone of immigrant intent based on the interview or items found during baggage search. CBP would take the person into secondary and get them to make a very clear statement that they had no intention of Adjusting Status once in the US, often times they will have the person sign a statement attesting to such. They will also make good notes as to what lead them to believe the person had present immigrant intent (for example on case from VJ the woman had all personal document that would be required for AOS and concealed her marriage to a US Citizen, CBP found the documents, including the marriage certificate in her luggage).

If the OP decides to AOS then it's up to USCIS to prove that the alien entered the US with the intent to AOS and stay, not that they had future immigrant intent.

Unless the alien spouse was pulled into secondary it's highly unlikely they will have any problem with AOS.
Bob 4 AnnaMalePhilippines2011-07-25 14:19:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

It was a material misrepresentation when he entered the US. Presumably, the 17 years son of a US citizen entered as an Immediate Relative. Married children cannot be Immediate Relative of a US citizen parent. A case of a US citizen petitioning for a married child would be an F3 family preference case.

In addition, a married child cannot derive US citizenship from a parent unless the child gained US citizenship prior to the child's marriage.

Essentially, this case is FUBAR. There is a material misrepresentation for entering on a IR-2 visa when the beneficiary was married. There was also misrepresentation in obtaining proof of US citizenship.

GO GET A VERY GOOD IMMIGRATION LAWYER.

Since you can't get married in the Philippines until you are 18 (even with parental consent) I read the situation as the only document that said he was single after he was in fact married is the citizenship application.

Did he sign the DS-230, Immigration Visa Application, indicating that he was single??? How does one unintentionally hid one's own marital status when the DS-230 specifically ask if the applicant is single or marry??? Someone had to make a mark for single or married. Someone had to sign the DS-230.

Again, he was a minor at the time of the Visa application. This means 2 things:

1) He couldn't get married in the Philippines.

2) He couldn't sign legal documents for US Immigration.
Bob 4 AnnaMalePhilippines2011-08-04 16:04:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

okay, thanks for the great info. we almost be doing the wrong move. thanks again..

Yep, doing anything to try to cover-up the previous mistake makes the mistake look intentional.

You will need to face the issue head-on and be prepared to explain why you hid the marriage from your father. Technically if your father filled-out the forms to the best of his knowledge then his answer was inaccurate not a misrepresentation.

My wife and I are in a similar situation where on her and our {her} sons documents 2 years ago she stated he was her only child as she believed her first pregnancy ended in a still birth. Earlier this year we learned that the child was concealed from her and we are now working to bring him here. We are worried that at the USEM they will question the inaccuracy in her & Gabby's documents.
Bob 4 AnnaMalePhilippines2011-08-04 15:25:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

so you mean it won't affect the petition even if he is married now? can the USCIS can considered it a fraud by hiding his marital status unintentionally?

No, what I mean is that for his US Citizenship marital status wouldn't affect the decision. For the Misrepresentation to be "Material" it would have to be a fact that could have caused the decision to sway from approved to denied.

I would certainly expect there to be questions raised by the date of marriage but in all honesty I think they should just be ready to explain that he had not disclosed the marriage to his father at the time the documents were filled-out.
Bob 4 AnnaMalePhilippines2011-08-04 14:25:00
K-1 Fiance(e) Visa Process & ProceduresA BIG CONFUSION

It's possible a material misrepresentation has been made. See a qualified immigration attorney to sort out this matter.


Misrepresentation, possibly but how would it be "Material"? While it mean's the application contained inaccurate information I don't remember seeing where the marital status would affect the approval of Citizenship in this situation.
Bob 4 AnnaMalePhilippines2011-08-04 14:11:00
K-1 Fiance(e) Visa Process & ProceduresIs filling a devorce neccesary?
That depends on what you mean by "Ruled Invalid".

Look in yur document and see if the marriage was declared {null and/or} VOID or just determined to be Voidable.
Bob 4 AnnaMalePhilippines2011-08-04 14:31:00
K-1 Fiance(e) Visa Process & ProceduresDenied ?
They send petitions back to USCIS in the states to have the actual petition reviewed for possible revocation! That means they don't believe the relationship is real...
Bob 4 AnnaMalePhilippines2011-06-23 12:58:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiance on 221(g) need to submit additional documents
Your wait is almost over, seems like they generally get Visas issued within a couple of weeks of receiving the requested documents. The actual timing will depend on how busy they are.
Bob 4 AnnaMalePhilippines2011-08-22 11:40:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiance on 221(g) need to submit additional documents

Oh my! they give my passport back to me and instructed me to send it back together with the additional documents :(


Maybe they changed that also, I know there have been a lot of changes in Manila since they opened the new building. Key is that they're asking for you to return it with the documents.
Bob 4 AnnaMalePhilippines2011-08-22 10:43:00
K-1 Fiance(e) Visa Process & ProceduresK1 Fiance on 221(g) need to submit additional documents
They're asking for the documents because they need them to approve you. If they had what they needed to deny you then it would have happened already.

Once you prove the Divorce and financials that meet the requirements you'll be approved.

If they return your Passport at the end of your interview that is a bad sign.
Bob 4 AnnaMalePhilippines2011-08-22 10:34:00
K-1 Fiance(e) Visa Process & ProceduresCFO STAMP PHILIPPINES

SORRY, IF U CANT HANDLED CAPS BEING LOCK... HABBITS HARD HARD TO BREAK..DO U REALLY FEEL LIKE I'M YELLING AT YOU??????//

Do you really have to be so rude? Typing in either ALL CAPS, all lowercase, missing punctuation or missing proper paragraphs are all very rude and inconsiderate especially when you are asking other for help.

Written words are easier to read when they are properly capitalized, punctuated and organized into paragraphs (when long enough) and a considerate writer incorporates all of these not because it's a habit or even easier for them but because it's considerate for the readers.

A lot of readers with either ignore posts like this one altogether or make negative/snide remarks without even bothering to be helpful to you.

Imagine you have a very important question to ask and the person who knows the answer sees that you are an inconsiderate writer so they don't even bother to read your pot let alone reply to it. Who has lost out in that situation? I would say the writer (that would be you) not the potential reader.

So the real question is "What kind of attention do you want to get when you post here?"
Bob 4 AnnaMalePhilippines2011-08-23 16:19:00
K-1 Fiance(e) Visa Process & ProceduresCFO STAMP PHILIPPINES
First, please release the caps-lock.

Second, find the Philippine regional sub-forum, you'll get answers there.
Bob 4 AnnaMalePhilippines2011-08-23 15:31:00
K-1 Fiance(e) Visa Process & ProceduresFiancee's Child has different last name
Don't worry, check the link in my signature. She won't even need to secure DSWD travel clearance.

Per Philippine Family Code, since the child was born out of wedlock the mother has SOLE PARENTAL AUTHORITY.
Bob 4 AnnaMalePhilippines2011-08-25 08:39:00
K-1 Fiance(e) Visa Process & ProceduresMy Fiance brining her children here to the USA
Her CENOMAR will show that she wasn't married before. Also the Birth Certificate should show that they weren't married.
Bob 4 AnnaMalePhilippines2011-08-29 21:22:00
K-1 Fiance(e) Visa Process & ProceduresMy Fiance brining her children here to the USA
Since this is the Philippines, follow the link in my signature. This will not be an issue, the father has no parental rights so nothing will be needed from him!

Edited by Bob 4 Anna, 29 August 2011 - 01:32 PM.

Bob 4 AnnaMalePhilippines2011-08-29 13:32:00
K-1 Fiance(e) Visa Process & ProceduresLosing US Government Benefits
Your fiance should be able to answer you regarding what these benefits are. If he won't then maybe you need to ask yourself why he won't...
Bob 4 AnnaMalePhilippines2011-08-29 10:13:00
K-1 Fiance(e) Visa Process & Proceduresco sponsor proving income with bank statements/assets...not taxes

you dont get in trouble for not paying tax. show me the law!


For not filing or filing false returns you most certainly will, it's call Tax Evasion and that's how they put Al Capone behind bars.

Now if you file but can't pay then no you don't go to jail but they will hit you with stiff penalties and can put a lien on your assets including bank/retirement accounts and real property such as house.
Bob 4 AnnaMalePhilippines2011-09-03 02:59:00
K-1 Fiance(e) Visa Process & Proceduresapplying k1 but will put married?

I have a friend who brought his wife here that he married through proxy. They were a couple before he came to the US on a diversity visa- he was unable to afford to return to visit her right away, so they married by proxy when he'd been here in the US for 4 years. About a year after, he returned to his country after saving money for the trip and she became pregnant. They did not have a ceremony then, as legally, they were already married. When he got his citizenship that year, he decided to petition her to come join him. It took him 2 years of legal wrangling to get her here, but now they are together. Everyone's circumstances are different, but it is possible to use a proxy marriage for immigration purposes- I've seen it happen.

Your friend's case is different, it was consummated by the time they filed and it still "took him 2 years of legal wrangling" and he filed for the Spousal Visa, right?
Bob 4 AnnaMalePhilippines2011-09-16 10:17:00
K-1 Fiance(e) Visa Process & Proceduresapplying k1 but will put married?

Proxy Marriages are still considered legal, you paid someone to stand in for you. She is married and therefore should not file for K-1. If nothing else that is why the military accepted the certificate and updated DEERS. If the Army does anything correctly is annotate who is entitled to Government benefits to include monies Soldiers get when they claim being married.

This is a advice from a 22 year Army veteran that was AG (Adjutant General Corps for 13 years).

They are claiming married for a reason, file the CR1.

Major, U.S. Army Retired

Yes Proxy Marriages are legal and so are same-sex marriages in more and more places but the real question is "Are Proxy Marriages legal FOR IMMIGRATION PURPOSES?" because if you ask the same about same-sex marriages you will see that they are not.

See this thread.
Bob 4 AnnaMalePhilippines2011-09-15 13:41:00
K-1 Fiance(e) Visa Process & ProceduresLied
The previous denial shouldn't be a problem unless someone discovers the lie...
Bob 4 AnnaMalePhilippines2011-09-17 08:18:00
K-1 Fiance(e) Visa Process & ProceduresG325A for a K2 3 year old
Yes and the parent signs the form...
Bob 4 AnnaMalePhilippines2011-09-18 23:15:00
K-1 Fiance(e) Visa Process & Proceduressingle mom of 3 and unemployed but need sponsor

You can include child support in your income

Actually Child Support isn't her income anymore than Social Security Benefit Payments for the children would be. The Child Support is quite specifically for the children and you can't use income from someone under 18 on the I-864.
Bob 4 AnnaMalePhilippines2011-09-20 08:41:00
K-1 Fiance(e) Visa Process & ProceduresQuestion regarding the getting married to my fiance who is on a tourist visa in the US

My question is how can I prove to the USCIS office that we did not intentionally get married? How can I prove to them that she came to the US to visit me then we decided to get married?

Your question is worded in a way that kind of makes it sound like you plan to have the alien SO enter on a tourist visa and then "on a whim" decide to get married and Adjust Status. That is exactly the kind of planning that is illegal.

If you already know you're going to get married then don't hesitate to start the K-1 process.
Bob 4 AnnaMalePhilippines2011-09-21 16:16:00
K-1 Fiance(e) Visa Process & Procedureshow long can the consulate hold on to your passport?

Harumph. I thought maybe it was a good sign they were holding on to it, but apparently they can do whatever they want.


You're right it is a good sign. Why would they keep if if they didn't intend on issuing you the Visa?
Bob 4 AnnaMalePhilippines2011-07-06 15:12:00
K-1 Fiance(e) Visa Process & Procedureshow long can the consulate hold on to your passport?
If you need your passport for travel or identification then you can request its return. Of course that would delay your Visa issuance further as they'd then have to request you return it to them before they can print and apply it to your passport.
Bob 4 AnnaMalePhilippines2011-07-06 14:33:00
K-1 Fiance(e) Visa Process & ProceduresCan't find co-sponsor, Need your help

I don't think that asking the ex is that bad of an idea. I am not sure that it would look all that fishy, simply because he agrees to sign for him and he doesn't have to pay me alimony anymore. Nothing there to be sneaky about, it's just a fact. But he would be my last option.

Is the Ex paying alimony or CHILD SUPPORT? There is a big difference.

If it's CHILD SUPPORT then you have no business negotiating it away especially when your children are so young. That isn't your money to do with as you please, it's money for your children meant to provide directly for their care & well being. If you need more money from your ex to cover daycare expenses then you need to return to family court and demonstrate to a Judge that the financial situation has changed (i.e. child Care support lost) so your ex should be ordered to help cover the new expense.

There are reasons CHILD SUPPORT can't be used as income for the Affidavit of Support, namely because technically & legally it's the kids' income not yours and you can't use income from a minor for the AOS.
Bob 4 AnnaMalePhilippines2011-09-29 12:36:00
K-1 Fiance(e) Visa Process & Procedures2011 Tax Write-Offs for K1 Fiancee & Child Visa

You pay taxes on parking meters? Our taxes went down 1/4% here and I still pay 50 cents for 2 hours.

VA income is not taxable.

There used to be a time when LOTS of stuff was deductible, even interest on credit cards! Ah the good old days.

You don't pay tax on the meters per-say but you don't get to deduct what you put in hence you've paid taxes on the money already.

Yeah, so VA income isn't taxable, my question was why did you include it with Traffic Fines and Parking Meter fees which are expenses not income?


Bob 4 AnnaMalePhilippines2011-09-28 21:27:00
K-1 Fiance(e) Visa Process & Procedures2011 Tax Write-Offs for K1 Fiancee & Child Visa

You'd think monies that you pay the government would not be taxable. Do you pay a tax on traffic tickets? A tax on parking Meters? A tax on VA income? Nope.

Actually you do pay tax on the money you use to pay for traffic tickets and parking meters.

Not sure why you included VA Income with two expenses.

Why would money paid as fines (traffic tickets) or for a service (parking or Immigration) be tax deductible?
Bob 4 AnnaMalePhilippines2011-09-28 16:40:00
K-1 Fiance(e) Visa Process & ProceduresMental Health Psychiatrist said at St. Lukes

Everyone please use English as your medium as this question will be viewed by American petitioners as well. Thank you.

Actually the upper forums do have an EOP (English Only Policy)...

Anyway, as long as the Psych Eval doesn't state that you're a danger to yourself or others it shouldn't cause any problem at the Embassy Interview.
Bob 4 AnnaMalePhilippines2011-10-17 14:24:00
K-1 Fiance(e) Visa Process & ProceduresK2 and 18 year old daughter GRRRRRR
I believe since she's 18 she will need a police certificate.

I don't know the I-134 but if your other child is included in the counts then I would assume she should be also if there is intent for her to immigrate as she will need a Affidavit of Support (the I-864) for Adjustment of Status after she arrives.
Bob 4 AnnaMalePhilippines2011-10-18 15:17:00
K-1 Fiance(e) Visa Process & ProceduresK2 and 18 year old daughter GRRRRRR
K-2 Follow to join must enter the US within 1 year of the issuance of the K-1.
Bob 4 AnnaMalePhilippines2011-10-18 14:27:00
K-1 Fiance(e) Visa Process & ProceduresCan my fiancee work after entering the US on a K-1 visa?

OK, but I have found different answers on whether she can start working after APPLYING for it or whether we have to wait until the paperwork has been processed.

The short answer is NO. She is not authorized to work in the US until she has a SSN and either a Greencard or EAD IN HER HAND.

The long answer is when filing AOS the EAD will be received before the Greencard so she can work while waiting for the AOS to be processed/adjudicated but only AFTER she receives her EAD.

Edited by Bob 4 Anna, 18 October 2011 - 11:58 AM.

Bob 4 AnnaMalePhilippines2011-10-18 11:57:00
K-1 Fiance(e) Visa Process & ProceduresCan my fiancee work after entering the US on a K-1 visa?

yes you can if you apply for EAD in the same time with AOS..and dont forget to apply for SSN before getting married.. EAD+SSN=working while your AOS on process

But not until the EAD is received, just to be very specific and clear to the OP.

If you really want, she could apply for an EAD upon arrival but you have to pay the $300 plus application fee (it's free is filed with the AOS) AND the EAD will expire on the same date as her I-94. Since EAD takes about 2 months to process she will still have to wait and then will only have a window if just about a month that she can legally work.

Just file AOS immediately after getting married...

Edited by Bob 4 Anna, 18 October 2011 - 11:15 AM.

Bob 4 AnnaMalePhilippines2011-10-18 11:14:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend in Peru will be 18 in May.

A lot of cautionary information balancing on fear mongering in this thread and personal opinion which does not approve of such types of relationships since it is not U.S. norm.

Not sure what you mean by "balancing on fear mongering" maybe you meant to say "bordering on"?

Anyways, its not "fear mongering". Do a little research on how aggressive the US is when it comes to US Citizens and Sex Crimes, seriously. It was only recently (like within the last decade or so) that the US decided it's able to charge and prosecute US Citizens for Sex Crimes (by US definitions despite what's legal locally) but that it would actually do it. This was in part brought on by the increasing utilization of International "Sex Tourism" Trade by US Citizens in poorer (usually SE Asian) countries that got high-profile media attention at the time.

The risk is real and if the CO becomes aware of a US Citizen being involved in a physical (Sexual) relationship with a local minor they may be not just compelled by their own conscience but by Mandated Reporting Laws to pass the information along to Law Enforcement.

Honestly it hasn't even been established that the OP had any such physical contact with the girl and it would be stupid of him to admit it here if he did.

Seriously it would irresponsible for someone who is aware of this to not warn the OP so that he can proceed with due caution. I know if it was me I would think about maybe holding of for a year just so that there might not be as many questions about her age at the beginning of the relationship.
Bob 4 AnnaMalePhilippines2011-10-20 13:53:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend in Peru will be 18 in May.

Even in Peru the legal age for a non minor to date a minor is 18. USCIS may not say much but I can see the consulate asking you a lot of questions. Check with a lawyer before you proceed

Age of Consent is generally construed as relating to simple dating but really applied to Ability to consent to a sexual relationship. Where the line of sexual relationship is drawn can vary from area to area.
Bob 4 AnnaMalePhilippines2011-10-18 15:57:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend in Peru will be 18 in May.

Yes I was a US Citizen when it started.

Is a sex crime dating the girl, or having sexual intercourse with the girl?

A 20 year old having sexual contact with a 15 year old is a sex crime.

Dating with no sexual contact or attempts to elicit sexual activity is a grey area.

Technically anything that could be seen as "grooming" her towards sexual contact could be considered a sex crime but without sexual activity or clearly stated intent to engage in sexual activity it's difficult at best to prove intent.

The truth of the matter is that as long as her family is okay with the relationship your chances of having any real problems are slim.

The US Embassy employees processing your case might have some misgivings about the timeline but I don't know if they can do anything unless they want to go on record as accusing you of attempting to traffic her for sex.
Bob 4 AnnaMalePhilippines2011-10-18 15:55:00
K-1 Fiance(e) Visa Process & ProceduresGirlfriend in Peru will be 18 in May.

When I started the relationship I was in Peru. Did I break any US laws in Peru? I'm not sure that applies...

Is there anyone out there going through this right now??

Were you already a US Citizen?


The US holds US Citizens to US laws for sex crimes regardless of where in the world the sex crime happens. They even go one better and can charge you with international travel to commit a sex crime.


Bob 4 AnnaMalePhilippines2011-10-18 15:26:00
K-1 Fiance(e) Visa Process & ProceduresFiance denied tourist visa. How can we improve his chances next time?
You need to understand the the CO must assume that everyone applying for a Tourist Visa intends to immigrate. The applicant has to overcome that assumption without misrepresenting a material fact.

If would be very easy for him to marry you and then simply AOS if he is admitted to the US, the COs know this and it's part of their job to prevent it.

Even having the K-1 process already started doesn't do much to help overcome the initial assumption, in fact it actually proves that he as immigrant intent (even if not specifically for the intended trip) so it may actually work against him.
Bob 4 AnnaMalePhilippines2011-09-12 13:15:00
K-1 Fiance(e) Visa Process & ProceduresDifference of Age

Like I said, there is nothing wrong for people here to give their opinion and most of these opinions are most likely also the opinion of the CO! But she has to be the one to proof them wrong. She will be questioned like crazy. She'll have a NO, but she can fight for a YES!! I always wish people the best, and I also wish her the best...

Ignorance is a great thing isn't it?

First you claim to know well-known facts which are in reality nothing more than ugly stereotypes.

Then you close by stating an assumption that the CO in Manila will be thinking just like you and deny the Visa which is so wrong because in Manila age is not a major factor...

When I found, met & married my young Pinay Wife (15 years my junior and only 7 years my oldest daughter's senior) her age had nothing to do with it. She was 23 & I was 38 but we meshed as people and today everyone who knows us or even just meets us of more than a few minutes comments about how great a couple we are because we simply connect on a whole other level than so many couples do. My first wife was only 2 years my junior but we were both too young and stupid, that marriage should have never happened.

At any age I don't think I could seriously date someone 1/3 my own age (wouldn't even be legal for another 13 years ha ha ha) but there was a time when I said I couldn't imagine myself with a woman who is more than 5 years younger than I am. Some people are more mature at 18 than others at 81, it's just a fact. My Anna is mature beyond her 26 years and sometimes I'm not even mature to her age let alone mine (ha ha ha).

Anyone making judgments of another's relationship without seeing the totality of that relationship i being ignorant & judgmental. This statement isn't in defense of the OP,who I believe is a stupid sock-puppet troll baiting others because they want to watch the ignorant Pinay bashing...


Bob 4 AnnaMalePhilippines2011-10-24 12:03:00
K-1 Fiance(e) Visa Process & ProceduresDifference of Age

The marriage is in USA to be US Citizen in the USA. the application process is done by Americans, so, they need to make sure and do their research regardless of where the finance is coming from and treat each case as a potential fraud.

But the Visa interview happens int he Philippines and the applicant is Filipino, Philippine Cultural Standards prevail...

But I do want to thank you for demonstrating exactly why VJers shouldn't bother commenting on threads asking country specific questions when they know nothing about the standards observed in that country.

If the age difference is culturally acceptable then it won't raise any red flags at the Embassy interview.
Bob 4 AnnaMalePhilippines2011-10-23 19:56:00