Announcement

Collapse
No announcement yet.

Question for Alex

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question for Alex

    Alex...In 12/00, I filed for a K1 for my ex wife (from Philippines). We married and she left our house less than 10 weeks later. I notified the local INS office that I wished to withdraw my application and support for her I485 and they wrote her a letter (copied to me) telling her that her application had been withdrawn, all action was terminated on it and she was to leave the country. To the best of my knowledge, she remains out of status in California. After I refused to attend her AOS interview to say that we were still married, she filed a VAWA I-360. From what I have gathered that was denied as there was no history of abuse in the relationship (the marriage ended for other reasons and in addition I was tipped off to her I-360 filing and I sent affidavits from myself and others that knew us both for the adjudicator to consider).

    I have now remarried a wonderful woman from the Philippines and have filed for a K3 visa. My application is pending at MSC. Of course I disclosed the existance of the previous petition on my current petition.

    1. Will MSC pull my previous file from three years ago and/or the I-360 that she filed after she was out of the house in 2001 thereby causing a longer delay to review and adjudicate my pending petition for my wife's K3 visa?

    2. After the embassy interview, what are the chances her visa application will be put on "Administrative Review" or AR because I have had multiple divorces and she is 37 and has never been married previous to me??? If she is put on AR..how long will it take.

    3. Do I need to wait until I receive approval from MSC to prepare and send my I-134 Affidavit of Support.

    Thanks in advance

  • #2
    Alex...In 12/00, I filed for a K1 for my ex wife (from Philippines). We married and she left our house less than 10 weeks later. I notified the local INS office that I wished to withdraw my application and support for her I485 and they wrote her a letter (copied to me) telling her that her application had been withdrawn, all action was terminated on it and she was to leave the country. To the best of my knowledge, she remains out of status in California. After I refused to attend her AOS interview to say that we were still married, she filed a VAWA I-360. From what I have gathered that was denied as there was no history of abuse in the relationship (the marriage ended for other reasons and in addition I was tipped off to her I-360 filing and I sent affidavits from myself and others that knew us both for the adjudicator to consider).

    I have now remarried a wonderful woman from the Philippines and have filed for a K3 visa. My application is pending at MSC. Of course I disclosed the existance of the previous petition on my current petition.

    1. Will MSC pull my previous file from three years ago and/or the I-360 that she filed after she was out of the house in 2001 thereby causing a longer delay to review and adjudicate my pending petition for my wife's K3 visa?

    2. After the embassy interview, what are the chances her visa application will be put on "Administrative Review" or AR because I have had multiple divorces and she is 37 and has never been married previous to me??? If she is put on AR..how long will it take.

    3. Do I need to wait until I receive approval from MSC to prepare and send my I-134 Affidavit of Support.

    Thanks in advance

    Comment


    • #3
      Do3,

      Let me start by saying that this is just going to be opinion, just a guess, really. But here are my thoughts on your questions:

      1) it is likely that they will at least pull the file from your prior wife and take a look. They are always on the look out for people who are involved in "sham marriages," where they are taking money in exchange for marrying and sponsoring people for immigration. This means that it is in fact more likely that you will experience a delay and/or be issued a RFE about your prior marriages (or, at least, the one that involved the k1 fiancee). Now, it is not by any means a certainty that they will delay your application and/or issue an RFE, especially if you fully explained the K1 situation in your K3 submission. Still, at this point, what you want to be doing is making sure that you have all of your records together about your prior marriage; that way, if you are asked a question, you can respond quickly. If you are not asked, then there is still no harm having everything together.

      On the I-360 VAWA claim, that is an interesting question, and not one I have come across directly before. My gut feeling is that this probably won't come up, although it could raise questions in their mind if it does. If I read your e-mail right, though, there was no ACTUAL history of domestic violence (i.e., this was basically a lie on her part and her VAWA petition got denied because she could not substantiate her claims), so even if it comes up, you should be able to overcome it.

      Also, as a general comment, I know that there is some pending legislation dealing with domestic violence issues in the K1 fiancee visa (they are talking about making the USC sponsor reveal any prior history of abusing their spouse). I actually need to take a moment to track what is going on with that when I get the chance, but the last I saw/heard it had not passed yet, and also they were talking about disclosure to the prospective immigrant -- they were not saying that a past history of domestic violence would prevent a K1 from being issued.

      2) At the embassy, I think you will be fine provided you definitively show that you were free to marry your wife when you did so (i.e., that all your past marriages were terminated). Make sure she has full, original, certified copies of your divorce records with her in case any question comes up at her interview. There is a chance that they may view your marriage with more suspicion because it is not the first time around for you, but again the best thing you can do is make sure your wife is fully prepared for the interview and just be prepared for a question if it actually comes up. The fact that she has never been married before is actually a huge plus, because (as I am sure you know) you basically cannot get a divorce in the Phillippines; annulment or death of the spouse are the only ways a marriage can end there.

      3. You don't really have to wait to prepare and send the I-134, but you probably should because you will want your supporting documents (bank letter, bank statements, etc.) to be "fresh" when you send it. I would go ahead and draft the I-134 now and put everthing together, but hang on to it, then update everthing and send it to her when you get closer to the consular interview.

      Yours,

      Alex Halow, Immigration Attorney

      Comment


      • #4
        Alex: To clarify what I wrote:

        1. Along with my I-129F for the K3, I submitted a copy of the letter I received from INS regarding the AOS application. The copy of the letter stated (written to her from the local INS office) stated that they received a request from ME to withdraw the application and therefore her application is withdrawn and all consideration of her AOS application was TERMINATED. Additionally, they told her to immiediately leave the country. I included that letter expressly for the purpose of letting MSC know that I did not commit marriage fraud as I had immiediately withdrawn my support after my ex and I split up.

        As for my previous divorces, the copies of what I provided with the application were original certified copies of each divorce decree.

        2. If I were to get a RFE....WHAT ELSE COULD THEY ASK FOR???? In addition to all the supporting documentation they requested, I already submitted a copy of the letter where within two months after we submitted her AOS package, INS denied the petition and original certified copies of my divorce decrees. I can get a printout of the fact that she was on my health insurance for a short time (until the divorce was finalized which was 5-6 months after INS denied her petition), I may have old bank records showing that we had a joint bank account and I have copies of the affidavits I sent to Vermont in response to her false allegations she made in her I-360.

        3. As for the I-360, you are correct in the way you read my previous post. My ex could not substantiate the allegations in her case because there was no abuse or mental cruelty in our marriage which would ever cause a record to be produced. We did attend marriage counseling. The marriage counselor told me he received a request from my ex to write a letter to INS stating I was abusive/emotionally cruel to her in support of her VAWA application, but he could not because that was not the situation in our marriage. Instead, he wrote a letter stating that the two of us went for counseling to work on marital issues, her adjustment issues and he listed the dates. As I think of it more, because the filing of that application is confidential, I wonder if USCIS can even acklnowledge my ex made such a filing, thereby precluding them from asking me questions about it or for evidence refuting or regarding her claims.

        Thanks for your help Alex. I sure appreciate your time.

        Dad of 3

        Comment


        • #5
          Hi Do3,

          I think what you sent in with the I-129F is good and should probably do the trick. In the interest of being paranoid/super prepared (as a fellow attorney, I know you understand that impulse), I would say that to the extent you can, gather together whatever other documents you have that substantiate that the prior marriage was legitimate (at least, it was from your perspective). That could include things like old e-mails from your prior relationship, phone records, etc. But I realize those are probably not things you were eager to hold onto from your past relationship, and again I think that by submitting a full explanation up front you are probably in pretty good shape. Also, the things you mentioned in your post (the bank records, affidavits, etc.) are good to have around.

          I am really sorry to hear about the whole VAWA situation. VAWA is a really good law, and helps alot of people who need help; it is upsetting to hear about this kind of fraud, although unfortunately I suppose that some fraud is inevitable. At least it sounds like the fraud did not work.

          Yours,

          Alex Halow

          Comment


          • #6
            Do3,

            Another thing, please be sure to post as your case progresses. I think you are going to be fine, but would like to hear about your experience as you go forward. Thanks!

            -A Halow

            Comment


            • #7
              Thanks Alex. I will make sure I post as things progress.


              Dad of 3
              _______________________
              08-05-03 Wedding
              08-18-03 I-130 Received by TSC
              08-23-03 NOA1 Received from TSC
              08-29-03 I-129F Received by MSC
              09-03-03 NOA1 from MSC Received
              waiting and waitng

              Comment

              Sorry, you are not authorized to view this page

              Home Page

              Immigration Daily

              Archives

              Processing times

              Immigration forms

              Discussion board

              Resources

              Blogs

              Twitter feed

              Immigrant Nation

              Attorney2Attorney

              CLE Workshops

              Immigration books

              Advertise on ILW

              EB-5

              移民日报

              About ILW.COM

              Connect to us

              Questions/Comments

              SUBSCRIBE

              Immigration Daily



              Working...
              X