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Phat

complicated situation

By Phat in Effects of Major Family Changes on Immigration Benefits

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Phat Apprentice

Phat   0

Posted
Filed: K-1 Visa Country: Philippines
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Posted

hello

I would like to share my friends situation here in USA .. she got married last April but until now her husband never works to process for AOS ..She is not happy being married with her husband,she wants to divorced him .

The question is can she stay in USA though she dont have any documents that is legal to stay ..?

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SMR Proficient

SMR   368

Posted
Filed: K-1 Visa Country: Russia
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Posted

The situation really isn't that complicated. She has no basis to stay in the US legally, especially since she doesn't even have a two year conditional green-card. Even if the husband is guilty of abuse, she has to have at least a conditional green-card before she has any basis to stay.

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thongd4me Experienced

thongd4me   69

Posted
Filed: Lift. Cond. (apr) Country: Thailand
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Posted
hello

I would like to share my friends situation here in USA .. she got married last April but until now her husband never works to process for AOS ..She is not happy being married with her husband,she wants to divorced him .

The question is can she stay in USA though she dont have any documents that is legal to stay ..?

Without the AOS, I concur, nothing can be done, unless some extreme circumstances can be proven.

Abuse or lack of support don't qualify in my opinion.

02/2003 - Met

08/24/09 I-129F; 09/02 NOA1; 10/14 NOA2; 11/24 interview; 11/30 K-1 VISA (92 d); 12/29 POE 12/31/09 Marriage

03/29/-04/06/10 - AOS sent/rcd; 04/13 NOA1; AOS 2 NBC

04/14 $1010 cashed; 04/19 NOA1

04/28 Biom.

06/16 EAD/AP

06/24 Infops; AP mail

06/28 EAD mail; travel 2 BKK; return 07/17

07/20/10 interview, 4d. b4 I-129F anniv. APPROVAL!*

08/02/10 GC

08/09/10 SSN

2012-05-16 Lifting Cond. - I-751 sent

2012-06-27 Biom,

2013-01-10 7 Mo, 2 Wks. & 5 days - 10 Yr. PR Card (no interview)

*2013-04-22 Apply for citizenship (if she desires at that time) 90 days prior to 3yr anniversary of P. Residence

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Ellie-and-David Rising Star

Ellie-and-David   38

Posted
Filed: Lift. Cond. (pnd) Country: United Kingdom
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Posted

Your friend has no status in the US and must return to her home country if the AOS is not filed. There are no other options.

K1

PLEASE SEE MY TIMELINE FOR K1 INFORMATION

AOS complete!

08/21/2009 - AOS package sent

08/28/2009 - NOA 1 for AOS, EAD, AP

08/31/2009 - Cheque cashed

09/05/2009 - Biometrics notice received

09/23/2009 - Biometrics Appointment

09/23/2009 - I-485 Transferred to CSC

10/02/2009 - EAD Approved (card production) & AP approved!

10/11/2009 - EAD Card received

10/20/2009 - AOS approved, GC card production ordered! (53 days in total)

10/26/2009 - Green Card received - nearly 11 months to the day of our K1 NOA 1!

11/25/2009 - Started my new job!

02/26/2010 - Passed my driving test :-p

07/20/2011 - Eligible to remove conditions

2012 - Going for citizenship

09/20/2011 - Removal of conditions submitted to VSC....here we go...again!

It's been a quick and relatively painless journey thanks to tireless research, dumb luck and this community :)

DONE with USCIS for a while :)

mnb0ir.png

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MikenKyhen Collaborator

MikenKyhen   0

Posted
Filed: K-1 Visa Country: Philippines
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Posted
hello

I would like to share my friends situation here in USA .. she got married last April but until now her husband never works to process for AOS ..She is not happy being married with her husband,she wants to divorced him .

The question is can she stay in USA though she dont have any documents that is legal to stay ..?

Unfortunately, as others have already said there is no way to stay legally without the GC.

IT'S NOT THE DESTINATION ITS THE JOURNEY...AND WHAT A JOURNEY IT HAS BEEN

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Deputy Purple Experienced

Deputy Purple   1,294

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No it doesn't there are provisions in the US law to protect women who are subject to abuse.

She needs to report the abuse and since she entered legally she can get everything corrected to stay here.

She needs a lawyer fast.


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

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Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
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Posted
No it doesn't there are provisions in the US law to protect women who are subject to abuse.

She needs to report the abuse and since she entered legally she can get everything corrected to stay here.

She needs a lawyer fast.

No basis in the OP that any abuse is happening, simply she is not happy anymore (being married).

That, in itself, is not abuse...

No abuse, no VAWA.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Anh map Grand Master

Anh map   2,098

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
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Posted

Pre AOS on a K1 is very very difficult because the K1 is not an immigrant visa.

One VJ member who has posted on this and had a good handle on what is possible is: diadromous mermaid. Do a search for her posts to find info about this type of situation.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Deputy Purple Experienced

Deputy Purple   1,294

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Filed: Country:
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Posted (edited)
No it doesn't there are provisions in the US law to protect women who are subject to abuse.

She needs to report the abuse and since she entered legally she can get everything corrected to stay here.

She needs a lawyer fast.

No basis in the OP that any abuse is happening, simply she is not happy anymore (being married).

That, in itself, is not abuse...

No abuse, no VAWA.

OP started another thread stating that her cousin is treated like a slave & physically abused (spanked). If she is a victim of a USC bringing her here to mistreat her then there are laws that would not only protect her but also preserve her ability to immigrate as she can in good faith and was victimized.

Edited by Bob 4 Anna


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

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Minya's wife Experienced

Minya's wife   25

Posted
Filed: Lift. Cond. (apr) Country: Hungary
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Posted
No it doesn't there are provisions in the US law to protect women who are subject to abuse.

She needs to report the abuse and since she entered legally she can get everything corrected to stay here.

She needs a lawyer fast.

No basis in the OP that any abuse is happening, simply she is not happy anymore (being married).

That, in itself, is not abuse...

No abuse, no VAWA.

OP started another thread stating that her cousin is treated like a slave & physically abused (spanked). If she is a victim of a USC bringing her here to mistreat her then there are laws that would not only protect her but also preserve her ability to immigrate as she can in good faith and was victimized.

So when exactly did the cousin have time between between being treated like a 'slave' and all the physical abuse to already have another man lined up?

Hi,

I want to share my friend situation here in USA,, she is married but she's not happy to her husband coz her husband makes her as a slave girl ..

They dont file AOS yet , but she has a other man who loves her and want to take care of her ..

funny-dog-pictures-wtf.jpg
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Deputy Purple Experienced

Deputy Purple   1,294

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Filed: Country:
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So when exactly did the cousin have time between between being treated like a 'slave' and all the physical abuse to already have another man lined up?

Hi,

I want to share my friend situation here in USA,, she is married but she's not happy to her husband coz her husband makes her as a slave girl ..

They dont file AOS yet , but she has a other man who loves her and want to take care of her ..

I was referring to this thread.

This OP {and her cousin} seem to be all over the place on this one. It is beginning to look like there is something fishy about the whole thing...


Must have info for bringing your Philippine wife/fiancee's child to the US



A Good Example of why to NEVER use a Fixer in the Philippines

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