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Need help badly! K1- a friend

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  • Need help badly! K1- a friend

    A friend had her K1 interview last week. Her visa was approved and while she was waiting to pick up her visa, she got a call from the consulate to come for a second interview. At the second interview, she was a denied K1 Visa according to section 221g. The consular told her that a third party wrote to the embassy that she has kids with my friend's petitioner and that they've been living together since 1998. The consular also said that from their search through the public records, it's like the petitioner and the third party have the same address. My friend was shocked at this information and she broke down. The consular said that she should have her petitioner submit a notarized affidavit concerning his relationship with the third party. And should include when the relationship began and ended as well as the third party's current address.
    My friend relayed the information to the petitioner and her petitioner said that he could get the information but that it would take some time. My friend became suspicious and further asked the petitioner some questions only to discover that the petitioner is married to the third party, and wanted a divorce. As he was planning a divorce, he was also looking for another person to marry hence, he met my friend and they established their relationship. Along the line, the third party happy to get the P2 sent to the petitioner and wrote the embassy. At that point, the petitioner got stuck and couldn't file for a divorce so that the third party won't use the evidence against him.
    The whole situation is a mess, my friend broke down and she's now on admission in the hospital. Please can you advice on how to handle this kind of case? It seems like fraud but it's not. The petitioner has visited my friend in her home country 3 times and her parents and siblings her happy and approve of their relationship. They have more than enough information to prove that they have a bonafide relationship and that was why her K1 visa was approved in the first place.

  • #2
    A friend had her K1 interview last week. Her visa was approved and while she was waiting to pick up her visa, she got a call from the consulate to come for a second interview. At the second interview, she was a denied K1 Visa according to section 221g. The consular told her that a third party wrote to the embassy that she has kids with my friend's petitioner and that they've been living together since 1998. The consular also said that from their search through the public records, it's like the petitioner and the third party have the same address. My friend was shocked at this information and she broke down. The consular said that she should have her petitioner submit a notarized affidavit concerning his relationship with the third party. And should include when the relationship began and ended as well as the third party's current address.
    My friend relayed the information to the petitioner and her petitioner said that he could get the information but that it would take some time. My friend became suspicious and further asked the petitioner some questions only to discover that the petitioner is married to the third party, and wanted a divorce. As he was planning a divorce, he was also looking for another person to marry hence, he met my friend and they established their relationship. Along the line, the third party happy to get the P2 sent to the petitioner and wrote the embassy. At that point, the petitioner got stuck and couldn't file for a divorce so that the third party won't use the evidence against him.
    The whole situation is a mess, my friend broke down and she's now on admission in the hospital. Please can you advice on how to handle this kind of case? It seems like fraud but it's not. The petitioner has visited my friend in her home country 3 times and her parents and siblings her happy and approve of their relationship. They have more than enough information to prove that they have a bonafide relationship and that was why her K1 visa was approved in the first place.

    Comment


    • #3
      Another Edgar Allan Poe story


      Ok, here is my humble opinion on it:

      1. Why didn't the petitioner obtain divorse before filing the new petition?
      I mean is it because he failed to comprehend simple and transparent law that governs marriage in US or what?
      It's not like failing to maintain status under certain circumstances or something one can't control.

      2. The logical step would be to scrupulously follow regulations and in case of USC petitioning for alien spouse/fiance nothing could be easier.


      Regards,

      IE

      Comment


      • #4
        I told my friend the same thing when I heard her story. Her petitioner should have divorced first before filing for her.
        Now that the terrible mistake has been made, what's the way out?
        All I want now is advice and suggestions that would help my friend in her situation.
        Thanks

        Comment


        • #5
          Your friend should seek the advise of professional immigration attorney and not rely on hearsay from one or another public board.


          Regards,

          IE

          Comment


          • #6
            advice? what advice can be given? the petitioner actually did lie (call it whatever you'd like), because you are supposed to be available for marriage before filing for a k-1. k-1 is now out of the question,at least with this petitioner at this time, what advice does she want?

            Comment


            • #7
              Advise on how to put a stop to the K1 visa processing which is at its final stage so that the petitioner and beneficiary will not be seen as fraudulent as the information requested by the consulate cannot be provided for now.

              Comment


              • #8
                advice? what advice can be given?
                A legal one.

                Comment


                • #9
                  Advice on how to put a stop to the K1 visa in its final processing stage, so that both petitioner and beneficiary will not be seen as fraudulent, since for now, the information requested by the consulate cannot be provided.
                  Don't forget being seen as a bigamist too!

                  Comment


                  • #10
                    Best advise to your friend is to seek another petitioner in due time. From the information gathered, the petitioner is probably committing immigration fraud. Your friend should withdraw her name on the petition, provide a signed and notarized affadivit indicating she had no information until the information was given. That being said, she search greener pastures while the guy was just using her for whatever reason.
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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