enter k1 visa but out of status

[JonesJones 0]

Hi guys i badly need help, i enter as K1 visa and out of status due to my husband dont want to adjust anymore coz his parents hear us we always argue. His parents speak chiness and understand basic English only so its kind a hard for me also to explain whats the reason behind why we argue. They think i argue with him coz i want him only papers. The reason why we argue coz he is so irresponsible for everything. Lucky that i do some online jobs since i came here in US coz if i dont have even just 1 trampon for myself i cant buy it coz my husband never bother stand his own feet i work and buy my basic needs for my own and his money he use it on his vices. All he thinks about is his gamble in which his parents don't know about it. I work hard and all the money was control by him before even he finished it all in his vices i say nothing at first from 12/2009 up to 05/2010. But my ego sparks when my mom got hospitalized and i badly need to send money in which the money im asking is my own money and he starts to get mad at me. He told me "Why should i send money to my mom?" i replied " my mom dont ask for help but its my responsibility as her daughter to help since i'm earning too and the money i want to send to my mom is my own money." He was so mad big time especially when i open my own bank account that each time i earn i send some little money to my mom, keep money for myself, little help for house things or food , money for my basic needs and gave him money weekly at least $200-$300/per week so that he wont get mad at me. And told me that im just working for my own. I have to work for my own, coz if not what will happened to me? Plus i gave him some money too and he said still not enough. I think about sometimes is this what you call love that im so blind even if he dont love me i still hope and do love him? Now im pregnant and he wants me to go home coz he said having a kid here will give him more headache plus he don't want that his parent will know that im pregnant coz his parents will get mad at him if that happened ( no parents will get mad if they know that their son's wife is pregnant him). He bought me ticket and promising me everything that he will help me. My point is he never did help me in our life as being husband and wife how much more if i go back home? I sold everything i have over my country as he told me so. My business my jewerly and all things i owned. I did love him so much so badly until now. I do love him even if emotional and verbally abusing me even infront of other people. Each time i earn some money i set aside something for him so that he will be happy even if i cant send money to my family over my country its totally fine with me as long as he will be happy always in which im so stupid even now i know i could pay my own place and buy my food i still think about him if he needs money of something. If he has lunch or gas allowance. Im about to go back home but i run away i think about the unborn inside of me he is running away from his responsibility. I got nothing left over my country and i really thought we will build the family that we talk about for 4years that we become online gf and bf before. Now my situation due to drama over the international airport coz my ticket LAX- Canada- Philippines in which i cant stop over to Canada coz i dont have travel visa so i need straight flight and he wants me to use my money to pay for my routing fee in which i don't want coz that's my last 300usd coz he never bother to give me money even if he wants me to go back home. I really don't want to use it coz i have to survive and i need my money to start over my country i lost my passport and he left me at the airport. Now rent cheap motel here in CA I don't have friends nor family here i just keep on holding on, surviving with my own coz he never bothers to help me. Praying to God to help me and guide me always to find ways to make money more so that i could survive to pay for rent here and food for myself, some little money to send back home if he comes here i try my best also to help him ( I know i'm stupid i call him coz i'm alone and i got no one here to count on in which i cant really count on him, i just need him coz i love him and my baby soon needs a father.). After a week he filed a dissolution of marriage to me in which he told me its just nothing against me, just don't respond to it and everything will be fine. I badly need help to enlighten me please. He told me that if i love him i rather go home so that everything will be fine he will removed the dissolution of marriage if i'm there at my country. He gives me more stress thinking about it plus i'm pregnant. I only ask is simple love simple care. I'm out of status now i don't know what to do. Please i seek some advice please. should i go home? or should i stay? I got nothing left over my country to start again like i said i really thought he will stand by me. But he is so irresponsible to face his responsibility. He always told me that if we separate from his parents house we will go hungry in which not true coz i survive also alone without his help. Now his telling me reason why i run away that time coz now its clear to him that i only want papers. Since i meet him it was only him and him alone, if i want to use someone just for me to be here theres a lot of guy much more than him. But the love is the one takes me here to be with him to start new life with him. If i think about him i just let him go and go back home but how about me? How about my unborn kid? PLEASE HELP PLEASE. Thank you so much.

[JonesJones 0]

Hi guys i badly need help, I enter as K1 visa and out of status due to my husband dont want to adjust anymore coz his parents hear us we always argue. His parents speak chiness and understand basic English only so its kind a hard for me also to explain whats the reason behind why we argue. They think i argue with him coz i want only papers. The reason why we argue coz he is so irresponsible for everything. Lucky that i do some online jobs since i came here in US coz if i dont have even just 1 trampon for myself i cant buy it. He never bother to stand his own feet.

I work and buy my basic needs for my own and part of it to help for the house and to him and his money he use it on his vices. All he thinks about is his gamble in which his parents don't know about it. I work hard and all the money was control by him before even he finished it all in his vices i say nothing at first from 12/2009 up to 05/2010.

But my ego sparks when my mom got hospitalized and i badly need to send money in which the money im asking is my own money and he starts to get mad at me. He told me "Why should i send money to my mom?" i replied " my mom dont ask for help but its my responsibility as her daughter to help since i'm earning too and the money i want to send to my mom is my own money." He was so mad big time especially when i open my own bank account that each time i earn i send some little money to my mom, keep money for myself, little help for house things or food , money for my basic needs and gave him money weekly at least $200-$300/per week so that he wont get mad at me. And told me that im just working for my own. I have to work for my own, coz if not what will happened to me? Plus i gave him some money too and he said still not enough.

I think about sometimes is this what you call love that im so blind even if he dont love me i still hope and do love him? Now im pregnant and he wants me to go home coz he said having a kid here will give him more headache plus he don't want that his parent will know that im pregnant coz his parents will get mad at him if that happened ( no parents will get mad if they know that their son's wife is pregnant him).

He bought me ticket and promising me everything that he will help me. My point is he never did help me in our life as being husband and wife how much more if i go back home? I sold everything i have over my country as he told me so. My business my jewerly and all things i owned. I did love him so much so badly until now. I do love him even if emotional and verbally abusing me even infront of other people. Each time i earn some money i set aside something for him so that he will be happy even if i cant send money to my family over my country its totally fine with me as long as he will be happy always in which im so stupid even now i know i could pay my own place and buy my food i still think about him if he needs money of something. If he has lunch or gas allowance.

Im about to go back home but i run away i think about the unborn inside of me he is running away from his responsibility. I got nothing left over my country and i really thought we will build the family that we talk about for 4years that we become online gf and bf before. Now my situation due to drama over the international airport coz my ticket LAX- Canada- Philippines in which i cant stop over to Canada coz i dont have travel visa so i need straight flight and he wants me to use my money to pay for my routing fee in which i don't want coz that's my last 300usd coz he never bother to give me money even if he wants me to go back home. I really don't want to use it coz i have to survive and i need my money to start over my country i lost my passport and he left me at the airport.

Now I'm renting a cheap motel here in CA I don't have friends nor family here i just keep on holding on, surviving with my own coz he never bothers to help me. Praying to God to help me and guide me always to find ways to make money more so that i could survive to pay for rent here and food for myself, some little money to send back home if he comes here i try my best also to help him ( I know i'm stupid i call him coz i'm alone and i got no one here to count on in which i cant really count on him, i just need him coz i love him and my baby soon needs a father.). After a week he filed a dissolution of marriage to me in which he told me its just nothing against me, just don't respond to it and everything will be fine. I badly need help to enlighten me please. He told me that if i love him i rather go home so that everything will be fine he will removed the dissolution of marriage if i'm there at my country. He gives me more stress thinking about it plus i'm pregnant. I only ask is simple love simple care. I'm out of status now i don't know what to do. Please i seek some advice please. should i go home? or should i stay? I got nothing left over my country to start again like i said i really thought he will stand by me. But he is so irresponsible to face his responsibility. He always told me that if we separate from his parents house we will go hungry in which not true coz i survive also alone without his help. Now his telling me reason why i run away that time coz now its clear to him that i only want papers. Since i meet him it was only him and him alone, if i want to use someone just for me to be here theres a lot of guy much more than him. But the love is the one takes me here to be with him to start new life with him. If i think about him i just let him go and go back home but how about me? How about my unborn kid? PLEASE HELP PLEASE. Thank you so much.

Edited October 9, 2010 by JonesJones

[VanessaTony 3,567]

First. Working without a work permit is illegal.

Whether you stay or go is completely up to you but there are a few things to consider:

1. If you stay you HAVE to have him adjust your status. You cannot marry someone else and have them do it

2. I don't think he'll cancel the dissolution of marriage if you go back. In fact him telling you to ignore it means "no contest" so he'll get an easier divorce.

3. You will need health care for your baby & the money to pay for it

4. He most likely will claim the baby isn't his and he won't have to pay child support (you'd have to have a DNA test done to prove the kids his to get financial support).

5. There are ways to stay in the US but it means proving abuse. You're also in a bit of a tough spot because you have no-one to support you right now and it's illegal to work.

The answer to this question will answer yours: What is the best decision for YOU and the baby? Is it stay in the US where you know no-one? Or go home where you have family and friends to help you? My answer would definitely be go home but that's my personal situation of course. I don't have enough ties to the US yet if I didn't have my husband.

Good luck with your decision.

[JimVaPhuong 4,863]

The only way for you to stay legally in the US is to adjust status and get a green card. From what you describe, there are only two categories for adjustment of status that you would qualify for. First, you could adjust as the K1 spouse of a US citizen. Second, you could adjust as the abused spouse of a US citizen or LPR.

To adjust as the K1 spouse of a US citizen you would need your husband to sponsor you with an affidavit of support. If you happen to be interviewed by USCIS (the odds of this are probably better than 50%) then you'll need to provide proof you live as a married couple. From what you describe, this route doesn't sound like a viable option. The fact that your husband filed for a divorce makes this option pretty much impossible.

To adjust as an abused spouse you don't need the cooperation of your husband, but you do need to prove that the abuse occurred. You also need to prove that you entered the marriage in good faith. This generally means proving you lived as a normal married couple until the relationship fell apart. You can file as an abused spouse using VAWA if you are divorced, but there is a general requirement that the cause for the divorce should be related to the abuse. The fact that your husband filed for the divorce won't help you.

In either case, you need your passport and the I-94 card that the CBP officer placed into your passport when you arrived in the US. You should make every effort to find your passport. It's going to be difficult to adjust status without it.

You are not authorized to work in the US, and you should not be working. You won't be denied a green card outright because of this, but it's a negative factor the IO will consider.

Find a Catholic Charities organization in your area. They can discuss your immigration options with you, and help you decide what to do.

[VanessaTony 3,567]

** moved from "K1 Process & Procedures" to Effects of Major Family Changes on Immigration Benefits as this is a more appropriate location**

[ALWAYS-HAPPY 0]

First I wanna say how much I felt sad for ur long story with ur Husband and his Family "urs too after marriage" then actually all u should do first is to make sure for ur husband if its sure he will not change his mind to handle all his responsibilities as a ream Man toward u and his coming baby? thats what u both should compromise to find the best solution for all ur life problems.for thus u need to clarify all points specially for his Family if they will help for good or against ur union as a married couple?all this is social really important before to think about Immigration issues which will come in second plan.dont forget ur baby will stay always an USC after u prof that ur husband is the eligible father its ur baby's right to know his real father and this will be ur first responsibility face to him in the future in case ur husband will try to play dirty claiming this reality.

Actually try to be calm its not easy at all reading all what u passed through in the past then make all priorities face to u and start moving for the right way to be sure and try to read the Law of immigration for ur situation carefully then find a place for social help because its a complicated case u must know this reality after u sold all ur good back home actually choices are limited for u.I advice u dont go back to ur back Home until u done all this starting from what u should do for ur baby coming.the most easy step to take first as a loser is traveling back to ur country.

God help and guide u for the best.

best wishes .