Sponsor to AOS

[nerabelleza 1]

Hi, I have a quick question. My wife now entered the US legally through K-1 Visa. She divorced her husband because he cheated on her and decided not to show up on their interview schedule for AOS. It's been more than 2 years now and she's not sure of what her status is. She has not been a public charge because I've been supporting her. Can I sponsor her and have her status adjusted? Can she apply for this waiver form? What can we do? I do not want to risk of sending her back home unless we know what's gonna happen because she may be barred from entering the US.

[LIFE'SJOURNEY 970]

Hi, I have a quick question. My wife now entered the US legally through K-1 Visa. She divorced her husband because he cheated on her and decided not to show up on their interview schedule for AOS. It's been more than 2 years now and she's not sure of what her status is. She has not been a public charge because I've been supporting her. Can I sponsor her and have her status adjusted? Can she apply for this waiver form? What can we do? I do not want to risk of sending her back home unless we know what's gonna happen because she may be barred from entering the US.

Status, she has none. She has overstayed her 194, and she did not AOS.

No, you can not sponsor her for AOS, but you can file for a CR1, which she will have to interview for back in the Phil.

Yes, she will have a 10 year ban, and will require a waiver.

Are you'll willing to have her be illegally for the rest of her life, so you'll must start somewhere. There is no way around this, good luck on your journey.

[pookaphilus 12]

Status, she has none. She has overstayed her 194, and she did not AOS.

No, you can not sponsor her for AOS, but you can file for a CR1, which she will have to interview for back in the Phil.

Yes, she will have a 10 year ban, and will require a waiver.

Are you'll willing to have her be illegally for the rest of her life, so you'll must start somewhere. There is no way around this, good luck on your journey.

:thumbs:

[nerabelleza 1]

Status, she has none. She has overstayed her 194, and she did not AOS.

No, you can not sponsor her for AOS, but you can file for a CR1, which she will have to interview for back in the Phil.

Yes, she will have a 10 year ban, and will require a waiver.

Are you'll willing to have her be illegally for the rest of her life, so you'll must start somewhere. There is no way around this, good luck on your journey.

thank you for the response. That sucks. So if she decided to stay with her previous marriage just to be able to adjust her status, it would have been fine? That's just so screwed up. She didn't know what to do, all she knew was if she stayed in the marriage after finding out her ex-husband cheated on her so she can adjust her status, is a fraud.

Edited February 9, 2011 by nerabelleza

[nerabelleza 1]

I don't mean to keep her illegally for the rest of her life but if she goes back to her country to do the right thing, she will be barred because she did the right thing of not using her ex-husband for AOS? The chances of her granted for readmission is thin.

[LIFE'SJOURNEY 970]

thank you for the response. That sucks. So if she decided to stay with her previous marriage just to be able to adjust her status, it would have been fine? That's just so screwed up. She didn't know what to do, all she knew was if she stayed in the marriage after finding out her ex-husband cheated on her so she can adjust her status, is a fraud.

She had the choicee to go back home to all that was familiar and start over again. Be it that she found another USC to love, then she could have started the whole process over again. What she did was her choices.

[nerabelleza 1]

She had the choicee to go back home to all that was familiar and start over again. Be it that she found another USC to love, then she could have started the whole process over again. What she did was her choices.

She didn't go back because her ex husband at that time told her she will have hard time coming back. I guess that was wrong, but what does she knows.

[LIFE'SJOURNEY 970]

She didn't go back because her ex husband at that time told her she will have hard time coming back. I guess that was wrong, but what does she knows.

As I talked with my friends last night, they said to me one words" when you choose one thing , you may lose another." It really reminded me something.It just like what has been said " You can not have cake and eat it."

Sometimes, when you need to give up something to get what you want more. Life is full of choices. Sometimes you chose the right way , other times you don't . So that's why life is make up of success and failure. Life is challenging.

Look, looking back isn't going to solve this problem, but moving forward will. Good LUCk on whichever journey you'll take.

[nerabelleza 1]

As I talked with my friends last night, they said to me one words" when you choose one thing , you may lose another." It really reminded me something.It just like what has been said " You can not have cake and eat it."

Sometimes, when you need to give up something to get what you want more. Life is full of choices. Sometimes you chose the right way , other times you don't . So that's why life is make up of success and failure. Life is challenging.

Look, looking back isn't going to solve this problem, but moving forward will. Good LUCk on whichever journey you'll take.

Thanks for the random thoughts not sure if it really applies. Thanks anyways.

[Used to be broken 147]

Hi, I have a quick question. My wife now entered the US legally through K-1 Visa. She divorced her husband because he cheated on her and decided not to show up on their interview schedule for AOS. It's been more than 2 years now and she's not sure of what her status is. She has not been a public charge because I've been supporting her. Can I sponsor her and have her status adjusted? Can she apply for this waiver form? What can we do? I do not want to risk of sending her back home unless we know what's gonna happen because she may be barred from entering the US.

i would get an attorney consult on this before you make any decisions.

[Anh map 2,098]

i would get an attorney consult on this before you make any decisions.

Agreed. You need to consult a qualified, experienced immigration attorney.

The K1 rules are pretty clear, the beneficiary can only adjust status with the K1 petitioner. See what an attorney can advise.

Edited February 10, 2011 by Anh map