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AOS please my head is bursting heeeeelp!

P

peacebeyours

Registered Users (C)
Thanks everybody for your immeasurable contributions you are offering here,
kindly your advice and opinions will be highly appreciated for my complicated case.
Am a Kenyan on expired F1 visa and selectee DV2009AF00040000.
When I filled the first dv forms I included the mother of my 3 year old son as my spouse.
We are not legally married and she has been out of status for more than 2yrs.
I will be joining nursing school (BSN) this coming fall and due to time factor and don't want to risk going to Nairobi for CP. Instead I will take chances and do AOS.
Now please how do I sort out this marital status issue? I fear including my 'wife' for she is out of status. Should I file as single? Should I tell them that my 'wife' is not interested with immigrating? Should we marry? If the I pursue this and get denied will be out of status or retain F1? Please help I'm disturbed.
 
peacebeyours said:
Thanks everybody for your immeasurable contributions you are offering here,
kindly your advice and opinions will be highly appreciated for my complicated case.
Am a Kenyan on expired F1 visa and selectee DV2009AF00040000.
When I filled the first dv forms I included the mother of my 3 year old son as my spouse.
We are not legally married and she has been out of status for more than 2yrs.
I will be joining nursing school (BSN) this coming fall and due to time factor and don't want to risk going to Nairobi for CP. Instead I will take chances and do AOS.
Now please how do I sort out this marital status issue? I fear including my 'wife' for she is out of status. Should I file as single? Should I tell them that my 'wife' is not interested with immigrating? Should we marry? If the I pursue this and get denied will be out of status or retain F1? Please help I'm disturbed.
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If u had her on ur original DV lottery application as your wife and you guys were not married at that time, u are authomatically disqualified even thou you won the lottery. She probably won't be able to Adjust status in the US since she is out of status and an illegal immigrant at this time.
 
Johnkent Johnkent ----- thanks for your quick response, what if I tell them that my wife is not interested to migrate(change status) do I still need to prove that we are married? I've seen people marrying after winning the lottery even after indicating that they were married in the initial application, how does it work? Thanks for your time.
 
peacebeyours said:
Johnkent Johnkent ----- thanks for your quick response, what if I tell them that my wife is not interested to migrate(change status) do I still need to prove that we are married? I've seen people marrying after winning the lottery even after indicating that they were married in the initial application, how does it work? Thanks for your time.
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It might work out for ya if u try to go the route of her not wanting to come over here. What about ur kids? are they USC?
 
Technically, your entry is not going to be disqualified (there is no provision to disqualify for including on an application a person who is not your spouse as a spouse) unless the consul or CIS officer thinks you might have sent several entries - with her included and without, because you biographical data was incorrect on the entry form. You know, they use this biographical information for checks against multiple entries. So, they might think you do it on purpose to send multiple entries and still avoid being caught.
Be prepared to prove you did not send multiple entries. Though there is no way to do that.

What I have just said is applicable both if you finally marry or not.
 
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If you finally decide to marry AND your spouse is immigrating with you, there will be an additional reason to disqualify - the spouse "popping up". I mean they suspect you send several entries containing several potential spouses as you spouse. When you win, you marry for money or because they all are your relatives or a close friends the one who is included into winning entry. This is called alien smuggling.
So, if you finally decide to marry, ask her kindly not to immigrate to US with you. At least you will not have a lifetime ban then
 
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peacebeyours said:
Thanks everybody for your immeasurable contributions you are offering here,
kindly your advice and opinions will be highly appreciated for my complicated case.
Am a Kenyan on expired F1 visa and selectee DV2009AF00040000.
When I filled the first dv forms I included the mother of my 3 year old son as my spouse.
We are not legally married and she has been out of status for more than 2yrs.
I will be joining nursing school (BSN) this coming fall and due to time factor and don't want to risk going to Nairobi for CP. Instead I will take chances and do AOS.
Now please how do I sort out this marital status issue? I fear including my 'wife' for she is out of status. Should I file as single? Should I tell them that my 'wife' is not interested with immigrating? Should we marry? If the I pursue this and get denied will be out of status or retain F1? Please help I'm disturbed.
Click to expand...
In my opinion, you are married as per Kenyan custom/culture (I assume). If Kenyan law recognises customary/traditional marriage, then all you need is an affidavit (notarised) to the effect that you were already married (although not in the legal sense). You can then go and get a marriage licence (legal one).

You can take chances and ask your wife to go back to Kenya, but I don't know how you will be able to go around the fact that she had been out of status for 2 years. You can then process her as your spouse and hope that it works out.
 
Johnkent said:
It might work out for ya if u try to go the route of her not wanting to come over here. What about ur kids? are they USC?
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she is already here and we have a 3yr old boy who was born here. Are you suggesting that I go a head and indicate that she doesnt want a GC?
 
raevsky said:
Technically, your entry is not going to be disqualified (there is no provision to disqualify for including on an application a person who is not your spouse as a spouse) unless the consul or CIS officer thinks you might have sent several entries - with her included and without, because you biographical data was incorrect on the entry form. You know, they use this biographical information for checks against multiple entries. So, they might think you do it on purpose to send multiple entries and still avoid being caught.
Be prepared to prove you did not send multiple entries. Though there is no way to do that.

What I have just said is applicable both if you finally marry or not.
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so when I fill the forms you suggest I indicate that I've never been married? what if they compare this with my original entry and find out that I filled as a married person?
 
You say you made a mistake, because you wanted to be married to this person. This mistake does not disqualify you automatically, unless the officer suspects duplicate entries. Moreover, I think your chances could be higher for AOS than for CP (unless your number is really high).
 
Noe said:
In my opinion, you are married as per Kenyan custom/culture (I assume). If Kenyan law recognises customary/traditional marriage, then all you need is an affidavit (notarised) to the effect that you were already married (although not in the legal sense). You can then go and get a marriage licence (legal one).

You can take chances and ask your wife to go back to Kenya, but I don't know how you will be able to go around the fact that she had been out of status for 2 years. You can then process her as your spouse and hope that it works out.
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But we live here in the USA, so how will I bring the kenyan customs in? Suppose that works how will I convince them? which is the reasonable way to eliminate my 'wife' in the final interview and not jeopardise my case?
 
peacebeyours said:
Am a Kenyan on expired F1 visa and selectee DV2009AF00040000....
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peacebeyours,
I hope by "expired F1 visa" you don't mean that you are out of status. If you are then things will become extremely complicated and in reality the odds might be stacked aganist you.
 
raevsky said:
You say you made a mistake, because you wanted to be married to this person. This mistake does not disqualify you automatically, unless the officer suspects duplicate entries. Moreover, I think your chances could be higher for AOS than for CP (unless your number is really high).
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So do I need to pass this information (marital status) to KCC or wait till the interview time? Incase they deny me will I retin my F1 status( have 2 years b4 i graduate)
thanks for your time and patience.
 
dematra said:
peacebeyours,
I hope by "expired F1 visa" you don't mean that you are out of status. If you are then things will become extremely complicated and in reality the odds might be stacked aganist you.
Click to expand...

i've never been out of status i've valid i-20 but my 'wife' doesn't.
 
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