Friends' AOS paperwork never sent

[talljohnm 0]

Hello all. Something very bad has happened to my wife's friend who is married to a U.S citizen in Stratton Maine. Thing is they've been married for 8 months and the husband said he sent the AOS papers and payment. Well turns out that he lied and never sent the papers. What can she do? She has two very young children. Now she has all the papers ready again but he won't pay now and says that she doesn't like his animals.

My wife is very good friends with her and wants to help but we don't know the exact law to help her. She is very scared to be illegal and wants real help.

The whole story is he's a farmer and he acted very nice until they got here to the states. Then he hedged on getting married until the 91st day. Then he did't make any attempt to do the AOS paperwork. Well the immigrant wife did the paperwork and he made out the check and said he mailed it. Well now it's been 5 months and we are sure he never sent anything. He hasn't spoke with us since the first month they were here in the states. Then he wouldn't talk with anyone again. What can this poor girl do? Is there a someone she can call? She only knows Romanian well still. We really want to help her. Anybody know the law here and what she can do? She's stuck on a farm in the middle of nowhere with two young children.

[Anastasia 1]

If I'd be her, I would go home. I don't think any woman should tolerate a treatment like that

I'm sorry I don't have any other advices to give, I have no idea how to deal with such situations

[talljohnm 0]

If I'd be her, I would go home.

She wants to remain in the United States and obtain her green card.

[ChristinaM 0]

I would say that she needs to get an appointment with a lawyer, because by not marrying within the 90 days AND failing to file AOS she's in deep doo-doo. I would suggest an InfoPass appointment, but if she is where I think she is, she's in the middle of freaking nowhere.

I'm also in Maine, PM me if I can do anything to help.

Christina

[hcj 0]

She can contact Catholic Charities or a similar organization with volunteer attorneys providing low-cost immigration services. If she is fearful for her (and her children's) safety, she should also contact a women's shelter or domestic violence organization.

She may qualify to self-petition under VAWA (Violence Against Women Act). This law is supposed to protect immigrant women in these circumstances -- where their husband uses immigration as a means of controlling them. However, I am concerned that he made sure that they did not marry until the 91st day. If she came on a K-1 visa and did not marry within 90 days, I'm not sure she is eligible to adjust status, VAWA or no VAWA.

It may be the case that nothing can be done because she did not fulfill the terms of the K-1 visa (even if it wasn't her fault that he wouldn't marry until the 91st day). In which case, her options are to live here illegally -- with him or without him -- or go home.

Edited February 26, 2006 by hcj

[Peggy 1]

Well thats rotten of the guy to do to her and the kids.

I really dont know what she could do. Can someone call a lawyer for her to see what they say about it.

Does she want to stay with her husband or leave him?

I hope she gets some help, she must feel terrible about this.

[ChristinaM 0]

If she counts as a battered wife (which is something not to be taken lightly, and this is not a frivolous offer), I can pass on the details of a very good shelter in Auburn, Maine also.

[hcj 0]

Here's a link with more info on VAWA:

http://uscis.gov/graphics/howdoi/battered.htm

Note that abuse doesn't have to be physical, but can be emotional ("subjected to extreme cruelty").

[ChristinaM 0]

Any one else got any views on the marrying on day 91 issue? That concerns me, because of establishing eligibility to adjust in the first place.

Help?

[stinger157 0]

She should see a lawyer in any case. But I think that the VAWA might apply. Her problem is that she has to provide the evidence that he delayed things and stayed inactive and that she entered into the marriage in good faith.

[Mr. Big Dog 10,747]

Any one else got any views on the marrying on day 91 issue? That concerns me, because of establishing eligibility to adjust in the first place.

Help?

I don't think marrying past the 90-day timeframe makes her ineligible to adjust as long as she married the original K1 petitioner. What she cannot do is file the I-485 based on the approved I-129F but will need to file an I-130 as well. That is for her and her kids if I am not mistaken. So, instead of just having the I-485 filing fees, she now looks at additional fees for three I-130 petitions. Those, her hubby would have to file which doesn't make it any easier. Not that I am 100% on this but I am fairly certain that the result of failing to marry within the prescribed 90 days is that the AOS cannot be based on the approved I-129F - since she technically wasn't a K1 (and the kids weren't K2's) anymore when she married.

All that said, she needs to get competent help to get this resolved. Look here for Free Legal Service Providers.

Good Luck!

[hcj 0]

Reinhard/Nani, you are absolutely right.

From http://uscis.gov/graphics/howdoi/LPReligibility.htm (italics mine):

"Eligibility Information:

Who May Apply to Become a Lawful Permanent Resident While in the United States?

Fiance(e)

* You were a fiancé who was admitted to the United States on a K-1 visa and then married the U.S. citizen who applied for the K-1 visa for you. (If you married the U.S. citizen but not within the 90-day time limit, your spouse also must now file USCIS Form I-130, Petition for Alien Relative ). Your unmarried, minor children are also eligible for adjustment of status. See How Do I Bring My Fiancé to the United States? for more information. If you did not marry the U.S. citizen who filed the K-1 petition in your behalf, or if you married another U.S. citizen or lawful permanent resident, you are not eligible to adjust status in the United States."

...she now looks at additional fees for three I-130 petitions. Those, her hubby would have to file which doesn't make it any easier.

Just wanted to add: if she is eligible to self-petition under VAWA, I believe she can file those without involving her husband.

[dmartmar 1]

Then he hedged on getting married until the 91st day. Then he did't make any attempt to do the AOS paperwork. Well the immigrant wife did the paperwork and he made out the check and said he mailed it. Well now it's been 5 months and we are sure he never sent anything.

What if he did mail everything? AOS processing takes a while in some cases; theirs might just be one of those. How can you and your wife be so sure he never sent anything? What do you base that assertion on? Even though the wife never told you her husband didn't mail the paperwork at all, you boldly come here and state you and your wife are sure he hasn't.

And once again, here's everyone already wrongly judging the husband and suggesting that the wife use the VAWA waiver to obtain her green card, based on a 3rd person's (OP) version of the situation. People, this is all HEARSAY! If the husband truly didn't, nor hasn't mailed the paperwork by now, he must have his reasons, valid or not. But since no one here knows for sure, including the OP, suggesting the use of the VAWA act is totally ridiculous and uncalled for!

Remember there are always two sides to every story.

[talljohnm 0]

Then he hedged on getting married until the 91st day. Then he did't make any attempt to do the AOS paperwork. Well the immigrant wife did the paperwork and he made out the check and said he mailed it. Well now it's been 5 months and we are sure he never sent anything.

What if he did mail everything? AOS processing takes a while in some cases; theirs might just be one of those. How can you and your wife be so sure he never sent anything? What do you base that assertion on? Even though the wife never told you her husband didn't mail the paperwork at all, you boldly come here and state you and your wife are sure he hasn't.

And once again, here's everyone already wrongly judging the husband and suggesting that the wife use the VAWA waiver to obtain her green card, based on a 3rd person's (OP) version of the situation. People, this is all HEARSAY! If the husband truly didn't, nor hasn't mailed the paperwork by now, he must have his reasons, valid or not. But since no one here knows for sure, including the OP, suggesting the use of the VAWA act is totally ridiculous and uncalled for!

Remember there are always two sides to every story.

Paperwork was never sent because the checks were never cashed and she called and they haven't recieved anything from them and it's been 5 months. No notices, no nothing.

[desert_fox 32]

AOS Blackmail. You call this love?? I'd be out of there in a heartbeat.