Jump to content

Recommended Posts

Lee, I think where we are not seeing eye-to-eye is, what exactly constitutes evidential information on an ex-spouse.

 

As I stated previously, "There's a big difference between listing the ex-spouse's Name-DOB-Last Known Address on a sheet of paper,and hunting down an ex-spouse for "proof of whereabouts."

 

One of the demands on the rejection notice states: Please return with the following documents from your former spouse whom you claim is still in China.

 

...and the documents requested will be cumbersome at best to obtain.

I feel that only a request like this would be made if the VO suspects fraud. I don't think it would be asked of most people. This is what I call "proof of whereabouts."

 

If it's no more than jotting down the Name, DOB, and Last Known Address, I think that can be handled by most people should they know it or not.

Link to comment
  • Replies 44
  • Created
  • Last Reply

Top Posters In This Topic

The P-4 packet for K-1/K-2 includes a letter to applicants that includes the following:

 

If you were married previously, please bring in documents containing the following information for your interview: your ex spouse抯 name Date of Birth social security number (if applicable) last known address and phone number.

 

My SO just sent back her p-3 for a k-1 visa . I have an old tax return from years ago that shows her SS number when we filed jointly before I was divorced. I also have a current telephone book with her name and address (only first inital) and telephone number.Do you think this would meet what they desire to see. Just xerox the page. I understand we are talking about the Chinese ex ,here but this came up a while ago where someone got an RFE and they desired to see information on the american petitioner also.

Link to comment

There has been more than one case in the last year where they have asked for proof of the ex's where abouts. That alone tells me it is worth having. Same thing as the video. Even if it isn't a requirement it seems prudent to have it. Other things listed on the form to bring are often not looked at. The I-134 for instance but I wouldn't be foolish enough to not bring it just because they seldom ask for it.

Link to comment

Lee, I think where we are not seeing eye-to-eye is, what exactly constitutes evidential information on an ex-spouse.

 

As I stated previously, "There's a big difference between listing the ex-spouse's Name-DOB-Last Known Address on a sheet of paper,and hunting down an ex-spouse for "proof of whereabouts."

 

One of the demands on the rejection notice states: Please return with the following documents from your former spouse whom you claim is still in China.

 

...and the documents requested will be cumbersome at best to obtain.

I feel that only a request like this would be made if the VO suspects fraud. I don't think it would be asked of most people. This is what I call "proof of whereabouts."

 

If it's no more than jotting down the Name, DOB, and Last Known Address, I think that can be handled by most people should they know it or not.

My fiancee's first hand experience with this was that the VO asked her if her exhusband was in the USA. My finacee answered that he wasn't. My finacee had no proof with her and the VO did not ask to see proof. The VO, for some reason, was thinking he was in the USA or either my fiancee fit some sort of profile.

Link to comment

Lee, I think where we are not seeing eye-to-eye is, what exactly constitutes evidential information on an ex-spouse.

 

As I stated previously, "There's a big difference between listing the ex-spouse's Name-DOB-Last Known Address on a sheet of paper,and hunting down an ex-spouse for "proof of whereabouts."

 

One of the demands on the rejection notice states: Please return with the following documents from your former spouse whom you claim is still in China.

 

...and the documents requested will be cumbersome at best to obtain.

I feel that only a request like this would be made if the VO suspects fraud. I don't think it would be asked of most people. This is what I call "proof of whereabouts."

 

If it's no more than jotting down the Name, DOB, and Last Known Address, I think that can be handled by most people should they know it or not.

My fiancee's first hand experience with this was that the VO asked her if her exhusband was in the USA. My finacee answered that he wasn't. My finacee had no proof with her and the VO did not ask to see proof. The VO, for some reason, was thinking he was in the USA or either my fiancee fit some sort of profile.

 

Here is a bit of wild speculation on my part. Suppose someone who has the same name as the ex comes into the US ilegally and is picked up and released on a minor infraction. When the name check is done perhaps there was a hit. The VO flips through the file and sees this. His suspicion would be that the ex is in the US and the petition is a scam so that she can come to the US legally eventually adjust status divorce the new husband and reunite with the ex.

Link to comment

 

Here is a bit of wild speculation on my part. Suppose someone who has the same name as the ex comes into the US ilegally and is picked up and released on a minor infraction. When the name check is done perhaps there was a hit. The VO flips through the file and sees this. His suspicion would be that the ex is in the US and the petition is a scam so that she can come to the US legally eventually adjust status divorce the new husband and reunite with the ex.

 

Yes it is wild speculation but a darn good one. But with many people having the same names, then this is unwise judgement on the VO's part. Some time ago I had searched my fiancee's name on the internet. The search came up with a man with the same identical name as my fiancee. He was in prison in China. Maybe I should do another search for a person with the same name as my fiancee's ex. I'll let you know what I find out :lol:

Link to comment

Bringing in a video or an I-134 is way much easier to do than bringing in a "Photo of your exspouse in China holding current newspaper" and then bringing in the newspaper too! Or bringing in the exspouse's ID card or household register. These things go beyond the normal cases where one only needs to write down the generic information on the ex-spouse.

 

That's been my point all along. To go beyond the usual information asked for is senseless. In 99% of cases it's not needed. I haven't seen but only one or two cases when such information as shown on the denial was requested, or at least reported here. And for such information to be requested by the VO, then there's more to the case than meets the eye.

 

Furthermore, I would never advise anyone to go to such extremes prior to their interview.

If everything is on the "up-and-up", and all the i's are dotted and the t's are crossed, and the parties know it, then the VO will know it too. Most applicants get their visa anyways. And for the innocent ones who fall through the cracks, my advice is to resolve the matter quickly, efficiently, and have no ill will.

Link to comment

Bringing in a video or an I-134 is way much easier to do than bringing in a "Photo of your exspouse in China holding current newspaper" and then bringing in the newspaper too! Or bringing in the exspouse's ID card or household register. These things go beyond the normal cases where one only needs to write down the generic information on the ex-spouse.

 

That's been my point all along. To go beyond the usual information asked for is senseless. In 99% of cases it's not needed. I haven't seen but only one or two cases when such information as shown on the denial was requested, or at least reported here. And for such information to be requested by the VO, then there's more to the case than meets the eye.

 

Furthermore, I would never advise anyone to go to such extremes prior to their interview.

If everything is on the "up-and-up", and all the i's are dotted and the t's are crossed, and the parties know it, then the VO will know it too. Most applicants get their visa anyways. And for the innocent ones who fall through the cracks, my advice is to resolve the matter quickly, efficiently, and have no ill will.

 

 

I just have to agree with T99 on this. I completely agree in fact. I think it's overkill for most folks going through this process to gather this info prior to the interview. Even if it is asked, if the truthful answer is that one does not know the whereabouts of the EX, then that is what should be given to the VO, or the last known address--which could in fact be an address where the couple lived prior to getting divorced. There should not be a need to specifically track down the EX.

 

I can't imagine that happening in the US, where one EX tries to track down another EX in the hopes of finding his or her address and telephone #, only to give to that info to a government agency for the sole benefit of the other EX. There is no way in hell I'd cooporate in that situation. I'd in fact sue for invasion of privacy if that happened to me. What right does my EX have to supply my private info to a governmental agency in order for her to benefit? What the hell do I care if she's able to apply for someone else or not? Is it my concern? NO. So I can't possibly imagine GUZ demanding that you have to submit info regarding the whereabouts of the EX if indeed that information can't be ascertained. GUZ has no jurisdiction to dictate that your beneficiary MUST submit info regarding her EX if they are divorced. I think the ONLY time where they do have the authority to demand the whereabouts of the EX is when there is a child involved and the beneficiary is trying to bring that child to the US. That WOULD require GUZ to get written approval from the father before the child could be brought to the US. That would be the ONLY time where I can see a valid reason for knowing the whereabouts of the EX.

Link to comment

Here's my thinking on this whole thing. Carl alluded to it on the I-134 piece. Being asked to bring something to the interview and being asked to produce it at the interview are two different things. Hell, Jingwen brought a ton of stuff to the interview to prove the bona fides of the relationship, but she wasn't asked to produce it. She brought the financial stuff but wasn't asked to produce it either. Does that mean that we didn't need to bring it to the interview?

 

The ex's wherabouts issue seems to be gaining GUZ's attention of late. I would rather have what I could gather and not have to produce it than not bring it and receive a blue slip.

Link to comment

 

 

"Chasing down an EX could cause undue stress and I wouldn't do it unless the IV unit specifically requests it."

 

Undue stress? Try the undue stress of a blue slip and then still having to chase the ex down.

 

 

 

 

 

Yanlan did not know where her x was and Guangzhou found him. The X WILL be located!!! Now if you want to wait for a blue slip you can, but I think it would pay off to know before the interview.

Link to comment

I heard of this proof of residence from my wife on her K3 packet. So she got all my utility bills.

 

My wife does have the address of her ex.

 

Wife is reluctant to go ask her ex about her daughter going to USA. If he does not like the idea, then maybe he will cause trouble. Big risk if the VO does not ask, and she now has custody, under the divorce paper. I see her point, but I do worry about this.

 

Thanks, Lee and Bob.

Edited by SheLikesME (see edit history)
Link to comment

It asks for the "ex" last known residence.. any beneficiary who was previously married has this information... it doesn't ask for current residence.

 

Let's not over stress this.. deal with it on a case by case basis. Some will be asked for more up to date info and some will not.

 

Your case, as it appears to the VO, to suggest some form of fraud will likely bring more issues/questions. In the end, you must be able to clearly see your own case and evidence you have provided from start to finish as good enough or not.. Ask if you are not sure.

Link to comment

http://candleforlove.com/forums/index.php?...ic=8128&hl=

 

 

On the 3rd post in the above thread, 'tonymasiello' posted copies of the denial sheets handed out by the VO's. (The color(s) may or may not have changed, but I'm sure the context is still the same.)

 

Look at the 2nd link down (red_slip.jpg). Then look at item #4 and below. This is what I was refering to as being a hardship and what I advise is not essential to have at the interview. Compared to what is listed on that red slip, the newly revised form which Lee mentions is trivial.

Now to all the "kitchen sink" advocators; how many of you had your SO show up at the interview with any or all of item #4 material in hand?

 

Again, a requested Name-DOB-"Last Known" Address is a cinch compared to item #4 in that form. And item #4 is what I have been refering to as "Proof of Whereabouts."

Link to comment

Personally I would believe that anyone who's divorce was final within say 6 months prior to the USC's trip to China might want to try to get as much information concerning the ex as possible. The shorter the time between the divorce and trip to China seems to increase the chance of being asked for more specific location information on the ex-spouse.

 

While this is only my opinion, if my best friend was starting the visa process and the time was short between the documented ending of the prior marriage for either of the parties, I'd strongly recommend they try to chase down the whereabouts before the interview. While it may not be needed I think that we can all see the strong possibility of suspicion being raised by the VO.

 

Trying to do this early gives many more options so that it might be possible to be done without making personal contact with the ex, where the time crunch felt with a blue slip seems to remove many options as people are now in a big hurry to present the overcome and finish the process.

Link to comment

Please sign in to comment

You will be able to leave a comment after signing in



Sign In Now

×
×
  • Create New...