AOS Self Petition

[HOPE11 0]

Im doing this post for a friend and hopefully someone would reply for advise. My friend had been here for 17 months now.Entered thru K1 Visa and got married within the 90 days visa period. She had been asking her husband to file her AOS but until now there was no action done. Recently, my friend remind again her hubby about her AOS but threatened her to send her back to her country. My friend really wants to know if there's other way that she can do to file her AOS even without her husband helps.

[Deputy Purple 1,294]

Her only option to self petition would be VAWA. While her husband is an ####### for his response I doubt that alone qualifies as abuse.

[UnIqUe 4]

She can't file AOS herself. Self petition would be on ROC not AOS.

[Nartaki 7]

Either the husband does not understand the immigration procedures or is willfully denying his wife a chance at permanent residency.

If it is the first case, then he needs to understand the implications of his wife losing status and possible being deported (I guess he doesnt care since he threatened to send her back to her country)

If it is the latter, then the wife has to unfortunately leave the country as she is unable to fulfill the conditions of her K-1 visa. She cannot petition for VAWA because her husband has not shown violence against the wife.

In either case, she cannot AOS if there is no bonafide marriage to back it up.

[HOPE11 0]

I really apreciate all your replies. Thank you very much. My friend's hubby had 3 kids in the previous marriage. Only wants her to stay at home and take care of kids. I guess the reason why the husband dont want to process my friend's AOS so she cant do anything..What a terrible situation..I really feel pity for her and just hoping for miracle.

[Radkova 11]

that's horrible. either he apply AOS for her or she leaves

[Deputy Purple 1,294]

VAWA is a tough route to take but it might actually be available to her.

Basically he has trafficked her to the US for use as an indentured servant. She really should contact Filipino Community/Consulate or Catholic Church for help. They may be able to get her in contact with a Lawyer who could aide her with a VAWA filing under the human trafficking provisions.

By refusing to file AOS for her he is effectively imprisoning her and using her for sex & cheap childcare.

Of course this route will require that she is willing to leave him.

Edited May 6, 2010 by Bob 4 Anna

[Brother Hesekiel 2,236]

This case is as clear cut as it gets. I read something similar here on VJ coming from the Russian gang.

O.P. is legal as she fulfilled the requirements of the K-1 by marrying the petitioning USC within the alotted 90-day time frame. Now the husband has total control over her. She can't work, travel internationally, most likely she has no driver license as well. She either does what the husband tells her to do or she gets the boot.

With no money of her own, she can't even hire a lawyer. She can't petition on her own, she can't divorce and marry somebody else either. What's left?

Thank you for asking: only one thing . . . abuse. In my honest opinion, the husband's behavior borders on spousal abuse and it has to be documented. The O.P. has to demand from her husband to get a green card, a driver license, be able to take a part-time job and visit the PI again. It has to be done in the presence of a credible witness, better two. If the husband responds in an abusive way, this has to be documented. It's her only chance, short of threatening to go to USCIS and ask for help there, at the same time reporting her husband for trying to enslave her.

[Spoom 8]

I'd hire a lawyer if possible, or setup an InfoPass appointment if not. Obviously, she's going to need to make some tough decisions here... which may ultimately end in her returning to her home country, but at least it would be better than being a slave.