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sweetmomma

Legal way to get him back home

By sweetmomma in Effects of Major Family Changes on Immigration Benefits

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sweetmomma Rookie

sweetmomma   1

Posted
Filed: IR-5 Country: Philippines
 Timeline
Posted

I would like to ask an advice to anyone have knowledge of what to do of my best friend's situation. I have a (USC)Filipina friend and married to a Filipino that came in California on May 2013 and on the 2nd week of October 2013 he confessed that he did not love her, have a mistress in the Philippines that currently pregnant and he told her he only married her for him to get a Permanent Residence. He moved out after that conversation.

They were married July 2009 in the Philippines.

After she became a USC on May 2011 she petition him under CR1 visa on November 2011.

The AOS was co-sponsor of her Aunt.

The petition was approved May 2013 and came to California.

He do not have a Green card yet because they did not pay for it.

He have a SSN card and currently working.

What are the options she can do because she want him to go back in the Philippines in a legal way?

Can she and the co-sponsor pull out their AOS?

They have a one year old child, can she file for Child Support?

March 7, 2013 →NOA1 of I-130 ( National Benefits Center )
October 17, 2013 →Transfered to Nebraska Service Center
November 19, 2013 → Case Approved
November 22, 2013 → Case Sent to DoS
December 16, 2013 → NVC Received the Case
January 9, 2014 → Got NVC number via phone
January 16, 2014 → AOS Paid
January 28, 2014 - IV Paid
February -- Joint Sponsor back-out =(
April 4, 2014 - Found New Joint Sponsor =)
April 10, 2014 → Sent AOS package and IV documents
April 17, 2014 --AOS package and IV documents entered the system
May 2, 2014 → RFE for AOS
June 2, 2014 → Sent new AOS package
June 6, 2014 → AOS package entered the system
July 8, 2014 →NVC Case Complete
August 4, 2014 → Interview ( APPROVED!) under AP waiting for HK Police Clearance Certificate.

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Ryan H Grand Master

Ryan H   3,812

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

At this point, there is not much they can do. They can contact ICE and report the admissions but unless a 3rd party can corroborate, little if anything will happen. Additionally, the Affidavit of Support cannot be withdrawn and will remain in force until one of the following happens:

  • He becomes a citizen
  • He is credit with 40 quarters of work
  • He voluntarily leaves the US and surrenders his green card or is deported
  • Death of one of the signatories of the I-864

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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sweetmomma Rookie

sweetmomma   1

Posted
Filed: IR-5 Country: Philippines
 Timeline
  • Author
Posted

At this point, there is not much they can do. They can contact ICE and report the admissions but unless a 3rd party can corroborate, little if anything will happen. Additionally, the Affidavit of Support cannot be withdrawn and will remain in force until one of the following happens:

  • He becomes a citizen
  • He is credit with 40 quarters of work
  • He voluntarily leaves the US and surrenders his green card or is deported
  • Death of one of the signatories of the I-864

Thank you

March 7, 2013 →NOA1 of I-130 ( National Benefits Center )
October 17, 2013 →Transfered to Nebraska Service Center
November 19, 2013 → Case Approved
November 22, 2013 → Case Sent to DoS
December 16, 2013 → NVC Received the Case
January 9, 2014 → Got NVC number via phone
January 16, 2014 → AOS Paid
January 28, 2014 - IV Paid
February -- Joint Sponsor back-out =(
April 4, 2014 - Found New Joint Sponsor =)
April 10, 2014 → Sent AOS package and IV documents
April 17, 2014 --AOS package and IV documents entered the system
May 2, 2014 → RFE for AOS
June 2, 2014 → Sent new AOS package
June 6, 2014 → AOS package entered the system
July 8, 2014 →NVC Case Complete
August 4, 2014 → Interview ( APPROVED!) under AP waiting for HK Police Clearance Certificate.

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Boiler Grand Master

Boiler   45,522

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

1.What are the options she can do because she want him to go back in the Philippines in a legal way?

2. Can she and the co-sponsor pull out their AOS?

3. They have a one year old child, can she file for Child Support?

She could buy his a ticket, not much point if he does not want to go back.

Nope

Probably, State issue.

“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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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

I would like to ask an advice to anyone have knowledge of what to do of my best friend's situation. I have a (USC)Filipina friend and married to a Filipino that came in California on May 2013 and on the 2nd week of October 2013 he confessed that he did not love her, have a mistress in the Philippines that currently pregnant and he told her he only married her for him to get a Permanent Residence. He moved out after that conversation.

They were married July 2009 in the Philippines.

After she became a USC on May 2011 she petition him under CR1 visa on November 2011.

The AOS was co-sponsor of her Aunt.

The petition was approved May 2013 and came to California.

He do not have a Green card yet because they did not pay for it.

He have a SSN card and currently working.

What are the options she can do because she want him to go back in the Philippines in a legal way?

Can she and the co-sponsor pull out their AOS?

They have a one year old child, can she file for Child Support?

The CR-1 visa became a temporary green card once he entered the US. He can file on his own for the regular 10 years green card based on the green card he already has.

There is nothing she can do to send him back. If she can prove fraud, ICE may act. However it would be a lengthy process.

There is no way to pull the AOS since he already has a green card.

She can sue for child support in family court in her state. This has nothing to do with immigration.

Edited by aaron2020
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Brian1967## Collaborator

Brian1967##   119

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

Report the issue to your local FDNS officer and I will move my post on how to report fraud back to the top...you are a victim of fraud do not report to ICE they will not investigate small scall fraud FDNS does. This website disclaimer is wrong in its information and the disclamer is not right

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sweetmomma Rookie

sweetmomma   1

Posted
Filed: IR-5 Country: Philippines
 Timeline
  • Author
Posted

Report the issue to your local FDNS officer and I will move my post on how to report fraud back to the top...you are a victim of fraud do not report to ICE they will not investigate small scall fraud FDNS does. This website disclaimer is wrong in its information and the disclamer is not right

I would like you to know a little bit of the story. Everything changed when he came in the USA and when he also got a job. He came May 2013 and on the first week of November he confessed that he don't love her and had a mistress in the Philippines. She is willing to work out the relationship and move on with their child but he told that the mistress is his brother's wife and pregnant that's why forget about moving on! They talked in a nice way that he better go back home (Philippines) he agreed, bought a ticket and the day before the flight he back off and told them he will not leave the USA because he is a legal permanent resident!

That day they had a verbal fight, they lived in a friend's apartment and one of the neighbor's called police. After the police interrogation he left. They still talked to him for the last time to ask him to go back in the Philippines in an open public place and he refused to go home. They don't have any communication at all after that.

I will tell her to report the issue to her local FDNS officer. Thank you!

March 7, 2013 →NOA1 of I-130 ( National Benefits Center )
October 17, 2013 →Transfered to Nebraska Service Center
November 19, 2013 → Case Approved
November 22, 2013 → Case Sent to DoS
December 16, 2013 → NVC Received the Case
January 9, 2014 → Got NVC number via phone
January 16, 2014 → AOS Paid
January 28, 2014 - IV Paid
February -- Joint Sponsor back-out =(
April 4, 2014 - Found New Joint Sponsor =)
April 10, 2014 → Sent AOS package and IV documents
April 17, 2014 --AOS package and IV documents entered the system
May 2, 2014 → RFE for AOS
June 2, 2014 → Sent new AOS package
June 6, 2014 → AOS package entered the system
July 8, 2014 →NVC Case Complete
August 4, 2014 → Interview ( APPROVED!) under AP waiting for HK Police Clearance Certificate.

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del-2-5-2014 Experienced

del-2-5-2014   1,339

Posted
Filed: Timeline
Posted

Report the issue to your local FDNS officer and I will move my post on how to report fraud back to the top...you are a victim of fraud do not report to ICE they will not investigate small scall fraud FDNS does. This website disclaimer is wrong in its information and the disclamer is not right

Please confirm for me that once he entered on a CR1 and he got a temporary GC stamp that the AOS cannot be pulled.

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