Board Questions

[Peter Lee]

My question to the board today is:

In Jan I put together a lot of paperwork with dated material like notarized material including her permission from her mom and dad notarized permission to marry.  

I think that the visa processes would not allow papers older than 6 months to be submitted.  

I was going to submit in May fiancé visa paper work with notarized papers dated in Dec and Jan.   Will this be ok or will I have to go through this long process all over again and have them renotorized?  

While I was there visiting the Cebu Consulate there were couples there who had put in for the fiancé visa and were tired of waiting so they were getting permission to marry in the PI.   What happens to the paperwork for the fiancé visa then?  

I would think they would have to start all over again when hubby gets back home.

Also, I heard of stories of pinays leaving there husbands for what ever reasons after a year and staying in the USA.  

Can they do that with a fiancé visa?  Or do they have to go back home of stay here illegally?

[Ray]

... in response to Board Questions, posted by Peter Lee on Apr 11, 2003

You don’t have to notarize anything except the affidavit of support and that comes much later. You DO NOT need permission to marry for a fiancée visa unless she is under age in the jurisdiction where you will marry.

Once you marry, the fiancée visa is no longer valid, period! Yes, you must then start all over again with a spousal visa.

If she comes here legally with good intentions and later divorces your ass, she will be able to stay here in most all cases. After you file AOS, it is very rare that she would ever be deported, unless there is clear evidence of visa fraud or criminal activity.

Ray

[bryan]

... in response to Answers, posted by Ray on Apr 11, 2003

Ray doesnt she have to come to you to get some forms signed so she can lift the 2 years married conditions off her residency? There is an interview for that also wouldnt that be an opportunity to expose a scammer? It would seem you could create alot of sh1t for her @ that point

[Ray]

... in response to Re: Answers, posted by bryan on Apr 12, 2003

She can file an I-751 to remove conditions of residence on her own. The interview is not automatic and is often waived at the discretion of the BCIS.

The joint petition can be waived if the spouse is deceased, the marriage was annulled or divorced, there is evidence of being battered or subjected to extreme mental cruelty, or if removal from the U.S. would result in extreme hardship. What it comes down to in the end is that she can stay if she wants as long as the marriage was entered into in good faith.

Marriages fail for any number of reasons. Just because the marriage doesn’t last two years doesn’t necessarily mean that the foreign spouse was a “gold digger” or “scammer”, as some would have you believe. Sometimes, she just finds out after the fact that she married a complete a-hole :-)

Ray

[bryan]

... in response to Negative, posted by Ray on Apr 12, 2003

I agree and thats what ive always heard but the sponser has to sign that waiver and ive heard of people making it hard on the beneficiary by refusing to sign. Then they load their INS file with letters suggesting she didnt enter the marraige in good faith. Its not going to stop the beneficiary from being granted status but it might trip them up @ a critical point in the scam. Anyway I'd be more worried about the 864 and the responsabilities that come with submitting that document.

On another note I was layed off last year when the machine shop i work in went bankrupt. Fortunately some of the work went to canada and i was eligible for NAFTA benefits and im currently back in college. Angie is SO smart and she will be enrolled in the accounting program of the local college so we will be going to school together. Anyway shes also pregnant and without insurance i applied for medicaide to cover the pregnancy. i was shocked to get a big fat NO from the state pursuant to the 5 year means tested clause in the 864. But the case worker sent me across the hall and the county has a program they call moms that will cover through two months after the delivery. I didnt think the safety net would be in place to catch us folks falling through that crack.

There isnt a happier woman on earth as her life long dreams of going to college and starting a family are coming true. The last 2 years her prayers are being answered one after another.

[Jeff S]

... in response to Re: Negative, posted by bryan on Apr 12, 2003

.. on your upcming joyful event.

As for health insurance, ever consider moving to California? I've had several Mexican employees of mine (one of whom I found out later was here illegaly,) ask to cancel their group health insurance at my company because the "free stuff" they used to get was better than the lousy HMO insurance my company gives them that costs hundreds of dollars a month each.

It's no wonder we Californians are the highest taxed in the US, that businesses are bailing out of here in droves, and that this state has a bigger deficit than the other 49 combined. I hear Gray Davis wants to run for president, too.

- Jeff

[Ray]

... in response to Congrats Bryan!, posted by Jeff S on Apr 13, 2003

Yes Jeff, Gay Davis would love to be pres, but he couldn't even carry California. I think there is a much better chance that he will be recalled than the Democrats giving him the nomination.

How many times have the voters in California cut off the free stuff for the illegals, only to have some bozo liberal judge overturn the election? A lot of folks have given up on California and moved out of state.

I'm still waiting for the big backlash in California, but don't know if there are enough of us "normal" people left to pull it off.

Do you think Oregon would take Bekeley, San Franciso, and everything North? If we paid them maybe? :-)

Ray

P.S. Stand by for blistering flames from Humabdos... LOL

[Jeff S]

... in response to ROFLMAO!, posted by Ray on Apr 13, 2003

They can have the west side of LA, too - you know, Santa Monica, Brentwood, and Beverly Hills. I'd rather keep East LA and South Central than those left coasters.

- Jeff

[Ray]

... in response to Wouldn't that be wonderful!, posted by Jeff S on Apr 14, 2003

Give them the "Peoples Republic of Santa Monica"!

And don't forget North Hollywood too, and Hillcrest in San Diego :-)

Ray

[Dave H]

... in response to Re: Negative, posted by bryan on Apr 12, 2003

Hi Bryan,

Congratulations to you and your wife! That is great news!

Dave H.

[Ray]

... in response to Re: Negative, posted by bryan on Apr 12, 2003

Bryan,

The sponsor DOES NOT have to sign any waiver. If you download an I-751 form and read the instructions, you will see that there are 6 filing categories and four of them are for non-joint petitioners.

Just because the original sponsor “suggests” that she didn’t enter the marriage in good faith means little or nothing. Without hard evidence of fraud, they will likely consider it nothing more than bad blood. You seem to be of the thinking that most of these early failed marriages are part of a “scam”. I think in actuality, VERY few involve any kind of premeditated plot. Marriages just don’t always work out.

I don’t think the I-864 should be taken lightly, but I wouldn’t worry too much about it. My guess would be that there are very few cases where they actually came after the sponsor. I have only know of one Filipina here that collected public assistance and she had three kids with a husband in prison. From my experience, Filipinos simply don’t ask for government assistance and they are not a drain on the welfare system.

The only advice I can offer on the health insurance would be to get a part time job to help pay for it. If she is a full time student, she may get some assistance from the school’s medical plan.

Congratulations on your expected new arrival!

Ray

[bryan]

... in response to Re: Re: Negative, posted by Ray on Apr 12, 2003

That is true on the 864, I always thought it would be to costly for the govt to track down each beneficiaries spouse, take him to court to try and make him pay back means tested benes. I do think a hospital would come after you if a beneficiary you sponsored ran up enough bills there. Thats where I'd be worried you would always have that thing hangin over your head.

I dont get the impression that theres alot of Filapinas out there running scams. When i first met the wife in a chat room i had no idea what I was getting into and what my responsabilities were. I eventually ended up spending some time @ some scam sites which made me overly cautious. On the other hand it did help me decide that she was on the level and this would be worth my while.

[Febtember]

... in response to Re: Negative, posted by bryan on Apr 12, 2003

Bryan and Angie,
Congratulation!Great news...Raquel,Greg, Matthew

[bryan]

... in response to Re: Re: congratulation, posted by Febtember on Apr 12, 2003

Thanx Feb