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A Girl Arrived as K1, Got Married, Now Husband Refused!

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Filed: IR-5 Country: Philippines
Timeline

Hello, Everyone,

This is not for me, a girl that I know need some advice. She got here Last June, 2013 as K1 and got married just last month. Now husband refused to apply her Adjustment of Status and wants to send her back home.

She gave up everything from her homeland and now this is what she is facing!

Please advice what to tell her.

Thank you.

IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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Filed: Lift. Cond. (apr) Country: China
Timeline

***Moved from K1 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum; duplicate thread removed.***

**Moderator hat off**

Unless she is able to file a VAWA claim, she will not be able to adjust and will have to go back.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: K-1 Visa Country: Morocco
Timeline

So, why doesn't she just go back home? I can understand her heartbreak but if she's only been here a short while I cant imagine she'd want to go through a divorce without her family and friends around. If its her plan to try and stay in the US then I think she'd have to prove that she entered the marriage in good faith and possibly try to adjust on her own after the divorce. (which is a whole other can of worms)

Edited by Rebecca616
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Filed: IR-5 Country: Philippines
Timeline

She is fighting for her love for him as she love him dearly and wants to keep the marriage. Divorce was not mention in this situation.

IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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Filed: IR-5 Country: Philippines
Timeline

Ok thanks for your input.

IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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Filed: K-1 Visa Country: South Korea
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Wow!!

She must have seen the signs that he isn't reliable...He is not a good man for her..she should let him go if he cant be there for her. She deserves better.

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Filed: K-1 Visa Country: Morocco
Timeline

OH OK!! I didn't read in the original statement that she was trying to keep the marriage together. A word of thought for her.... if her husband is treating her this way now and they've only been married such a short period of time, try to paint a picture of her future. I personally would be scared but hey, maybe he'll remove his head from his ####### and learn how to treat a woman and they can have the life she wants together.

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Filed: K-1 Visa Country: Wales
Timeline

Wow!!

She must have seen the signs that he isn't reliable...He is not a good man for her..she should let him go if he cant be there for her. She deserves better.

Agree.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: China
Timeline

If they not wish to divorce (either of them)

then

there really is no rush to file the Adjustment of Status casefile.

There is no reg stating WHEN to file, only an advisory for K-1:

--if married after the 90 day window, file I-130 + I-485 or

--if filing at a point 2 years past the I-94 expiration, file I-130 + I-485 together

---

So, do you feel, your friend can reconcile with her husband during the next few months? Then go forward with the AOS? Yes? No ?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Filed: IR-5 Country: Philippines
Timeline

If they not wish to divorce (either of them)

then

there really is no rush to file the Adjustment of Status casefile.

There is no reg stating WHEN to file, only an advisory for K-1:

--if married after the 90 day window, file I-130 + I-485 or

--if filing at a point 2 years past the I-94 expiration, file I-130 + I-485 together

---

So, do you feel, your friend can reconcile with her husband during the next few months? Then go forward with the AOS? Yes? No ?

They have all the papers ready to be sent out for her adjustments but according to her he can not make up his mind. He is going back and forth of saying he loves her and then want to send her back to Philippines due to he can't afford her. He is living still with his mother and he is 47 years old.

IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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Filed: IR-5 Country: Philippines
Timeline

Why would a person ever marry someone like this?

She should go home and find someone else. This guy is a loser.

I agree with you. I told her she is still young and she can start all over again. She deserve better!

IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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Filed: K-1 Visa Country: Philippines
Timeline

Here it is. First, he wants.his.cake.and.eat it, too. He has no idea how.fortunate, and dare I say, LUCKY to.have a.young wife who loves him so. 47 and lives with his Mom?? He took advantage of her naivetee and made it look like.he's a.caring person by living and taking care of his mom. In reality, REALLY???? Red flags!! He's acting like a spoiled kid who doesn't consider others when HIS wants are on the line.

I'm so tired of reading about good Filipinas being treated like this.

Forget it. This one is.not.fighting.for. every person I have ever spoken to, men and women, who have left losers like that, 100% have said it is.the best.thing they have ever done for themselves. It will hurt like hell but worth the pain to.leave a loser like that.

Edited by typo808
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Filed: IR-5 Country: Philippines
Timeline

Here it is. First, he wants.his.cake.and.eat it, too. He has no idea how.fortunate, and dare I say, LUCKY to.have a.young wife who loves him so. 47 and lives with his Mom?? He took advantage of her naivetee and made it look like.he's a.caring person by living and taking care of his mom. In reality, REALLY???? Red flags!! He's acting like a spoiled kid who doesn't consider others when HIS wants are on the line.

I'm so tired of reading about good Filipinas being treated like this.

Forget it. This one is.not.fighting.for. every person I have ever spoken to, men and women, who have left losers like that, 100% have said it is.the best.thing they have ever done for themselves. It will hurt like hell but worth the pain to.leave a loser like that.

Thank you typo,

She didn't expect her life would be miserable coming to America!

Edited by MsPinay

IR5 DAD's Journey Total of 1 year from mailing out form I-130

(Jan 2013) to Visa in hand(Jan 2014).

02/02/2014: Paid $165 at ELIS site

03/06/2014: PORT-OF-Entry=Vancouver Canada

03/31/2014: USCIS Status Address Change

04/03/2014: Applied for SS

​04/03/2014: ELIS STATUS showed OPTIMIZED right away the day we applied for SS card.

04/07/2014: Green Card Production

04/09/2014: SS Card received.

4/10/2014: ELIS and USCIS status: GREEN CARD PRODUCED/SHIPPED

4/15/2014: GC arrived in the mail (yay!)

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