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jamster0105

Husband asked me to leave

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Hello everyone,

My wife and I have a friend who was brought to the US on a K-1 Fiance Visa. After she arrived, the two got married, applied for adjustment of status and she is currently waiting biometrics. After a short amount of time, the American husband started to change. He began to become verbally abusive to the point where our Filipina friend started to stand her ground and not cave in to his demands. He started to threaten that he would make her leave and cancel the process. Unfortunately, our friend lives on the other side of the country and she doesn't know anyone else in the U.S. besides us. Just recently, he FORCED her to leave the house because she refused to be a "slave" to him. Since she was scared, she decided to come stay with us and she is very confused on her next move. Her husband won't let her come back, he refuses to file for divorce and he refuses to take care of her. She is still awaiting biometrics and wants to stay in the country. Should she change her address to ours so she could take her biometrics here in our state? Should she consult with an attorney? Hopefully someone out there can help steer her in the right direction. Thanks.

First time chatting on yahoo messenger: Jan 6, 2007
Met in person in Manila: May 12, 2007
Returned to Manila: Sep 25, 2007
Will you marry me?: Sep 26, 2007
Wedding: Jan 5, 2008
Mailed I-130 Petition application: Aug 11, 2008
NOA1 for I-130: Aug 15, 2008
Touched (I-130): Aug 21, 2008
Mailed I-129F (K-3) application: Aug 22, 2008
NOA1 for I-129F (K-3): Aug 27, 2008
Touched (K-3): Sep 1, 2008
Touched (I-130): Oct 8, 2008
Touched (I-130): Oct 9, 2008
Approved (K-3 and I-130): Feb 11, 2009
Interview: 6/3/2009- Approved!
POE: 8/25/2009!

AOS
Sent: 3/3/2011
NOA1: 3/11/2011
Biometrics: 4/5/2011 - everything went fine!
RFE: 4/11/2011
RFE response received by USCIS: 4/28/2011

N-400

Filed: 7/17/2014

Text receipt: 7/23/2014

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Filed: Citizen (apr) Country: Mexico
Timeline

~ Moved from AOS from Family Based to Effects of Major Family Changes on Immigration Benefits ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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She should make preparations to return to the Philippines; she has no path to permanent residency.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: K-1 Visa Country: Philippines
Timeline

This is a clear abuse against women, no matter what status she in right now, she have the right to file a complaint against her husband, check out the VAWA it's Violence against women act, and you can help her to file a complain and they can help her with that matter.....don't worry about her immigration status, always remember there is always a way to fix her situation, I hope this message will help her, God Bless!!!

This is a clear abuse against women, no matter what status she in right now, she have the right to file a complaint against her husband, check out the VAWA it's Violence against women act, and you can help her to file a complain and they can help her with that matter.....don't worry about her immigration status, always remember there is always a way to fix her situation, I hope this message will help her, God Bless!!!

oops sorry , I mean file a complain against her BF.

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To file a successful VAWA case you must be able to demonstrate a bona fide marriage, and it doesn't sound as though the OP's friend can do that.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

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Filed: Timeline

long story short: the only use from her VAWA filing is that she won't immediately be out of status, but get a Prima Facie determination that may last her 6 months. At best; but she may also get an RFE for bona fide marriage before she ever gets Prima Facie. Clear "abuse" or not, they had to be living TOGETHER in the US and she had to have suffered DAMAGE to her psyche due to EXTREME cruelty on husband's part. Such may be proven after the fact via a licensed psychologist. What can't be proven after the fact is bona fide marriage: they had to be sharing a lot in a regular marital life, and had collected plenty of paper trail proving that - before the "abuse". Which ties back to discussions we had in other "Family changes" threads: how did this marriage come about? What did the spouses know about each other before they registered marriage? Were they building a family for long happy life together, or the only thing that occurred was spousal immigration sponsorship?

Going by so many other threads: the quickly-estranged US husband may now claim marriage fraud on her part. She came to the US to live with him, she is NOT; but the way OP put it, she "wants to stay in the country". Are there extenuating circumstances forcing her?

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Her relationship has gone down the toilet. She should return home.

Fernando & Michelle

12/05/2011 - Mailed I-129F
12/09/2011 - Received NOA1
12/21/2011 - Last updated by USCIS
04/12/2012 - Approved!
05/08/2012 - NVC received
05/09/2012 - Left NVC
05/14/2012 - Received at Consulate
06/25/2012 - Interview at Consulate, APPROVED!!!!
07/07/2012 - POE at JFK, easy.

09/28/2012 - Mailed I-485
11/09/2012 - Appointment for Biometrics
12/08/2012 - EAD and AP Card arrived in mail. No updates to USCIS website.
07/26/2013 - Approved, no interview.

04/30/2015 - Mailed I-751

06/03/2015 - Appointment for Biometrics

02/29/2016 - Approved, no interview.

03/14/2016 - Received 10-year Card

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She should return home before she is out of status as that may lead to deportation or ban if she fails to adjust status with her current marriage.

-I am the Beneficiary-
event.png

K1 (I-129F) petition filed in August 2013 (Approved Feb 20th 2014)
13th May 2014: AOS (I-485) & EAD/AP combo card
21st May 2014: NOA 1 and biometric letter
11th June 2014: biometric appointment
13th June 2014: RFE received via mail
16th June 2014: replied to RFE
6th August 2014: EAD Approved, AP still in initial review
12th August 2014: got tracking number for EAD
( ) August 2014: Received EAD (I forgot what date I got them but I did receive them less than 5 days from the 12th)
10th September 2014: Interview Waiver received (I wished I was interviewed)
April 23, 2015, we registered your permanent resident status and mailed you a Welcome Notice
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Filed: Timeline

From reading all this horror stories on a weekly basis on VJ I wonder why any one still pursues a K1 visa. A CR1 easily side steps all these USC change of hearts and psychotic attempt to control these immigrants.

Good luck to your friend. My vote is that she fights hard to stay in the US, she shouldn't have to go back.

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Filed: Timeline

How?

From reading all this horror stories on a weekly basis on VJ I wonder why any one still pursues a K1 visa. A CR1 easily side steps all these USC change of hearts and psychotic attempt to control these immigrants.

Good luck to your friend. My vote is that she fights hard to stay in the US, she shouldn't have to go back.

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Filed: Timeline

If she came to the US to be with him, and she doesn't know anyone else, why would she want to stay?

I understand where you are coming from. She didn't come here fraudulently, left everything behind, etc Immigration law actually allows her to self adjust since she married.

How?

You're on here just like me, do your own research and come to your own opinion like I did. It's not my job to educate you or convince you to change your opinion.

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