We will call an attorney

[sassyseawitch 1]

Well, I swore I would not use this forum again after some unkind things were said on my last post, but things have changed and I need to call an attorney.

Back story, I am here online on behalf of the K-1, now wife, and her 2 yr old K-3. Wife is deaf, limited English and writing skills.

Please let me know if I am taking the right path. I think she needs an attorney.

Arrived in US Sept 11, 2014

Married Nov 14, 2014.

Since then, no effort made for immigration doctor appt. or any effort to collect documents for the AOS.

Husband's truck was repossessed, cable tv turned off for non payment, was given a 5 day notice of eviction on the apt for non payment of rent.

Wife, K-1 is deaf, has no cell phone text access, no wifi to use the deaf relay service for any help, speaks mostly Philippine sign language, not good in American sign language,.

She says there is not enough food sometimes.

There have been people coming to the apt looking for the husband to repay them for the money he owes them.

BTW~~~husband is also deaf.

We think he may be online gambling.

Wife, K-1 has had a dental emergency for 3 days, and he says no money for medicine. She text me by using his cell phone when he was asleep, and sent me pictures of her face. I live in another state.

My question is, at this point, should I be calling an attorney ?

I have emails from the consulate in LA telling me to do this. Do I just ask the attorney "Where do we go from here?"

Please no flaming replies. I'm just trying to help a deaf lady who lives in another state than me.

[Jo Së 200]

There is only so much an attorney can do for her, but with no money an attorney will definitely not be able to help in any way. Whether they use an attorney or not, the both need to have money to afford the AOS process, an attorney will just add to the bill.

Also, be aware that by asking in a public forum there will be different answers and opinions given, just take the best advice given and hopefully that helps.

Sounds like the husband is not good for her if he isn't even willing to help with AOS. If this is the way he is now do you think is worth for her to stay in this type of relationship? Did she not see this before they were married? Sounds like some bad decisions have been made already.

[NewBeginnings1 10]

is she considering filing a VAWA. Found this and is actually from a group in LA.

http://www.ilrc.org/files/document_gathering_for_self-petitioning_under_the_violence_against_women_act.pdf

also, I beleive there may be an application to waive fee

[TBoneTX 45,299]

Can an attorney with the nearest Catholic Charities be recruited to help?

[sassyseawitch 1]

Thank you all for the prompt answers. To clarify, she lives in Las Vegas, I live in San Diego.

I have known this guy for awhile. We had not seen this behavior before she arrived here..

The deaf community is small. My son is deaf also so I do know many deaf from all over the west.

Mu husband is willing to pay for an initial attorney consult since this girl and her family in Phils have no money.

Thank you again. I will call to see what--if anything--can be done to help her, even if it means sending her and her K-2 back to Phils.

Thanks for not flaming me.

[Jawaree 717]

Wow , god bless you for helping them I say contact Catholic

Charities (she cant afford an atty) U help the child in school and her

a job maybe within the deaf community.....you did enlightened me

I always wonder if the sign language is universal or it was language

specific.

Hubby maybe overwhelm and depressed thinking he took on too much

they need some intervention, and do you know some medications cause

ppl to become gamblers? they need help , he needs gamblers anonymous

[hon08 13]

Try to call 1343 that's the latest number CFO gave us when we had our seminar..for Filipinos who need help here in US.

[Hypnos 6,576]

It sounds like returning home may be her best course of action.

I'm not sure what help an immigration attorney will be. She is eligible to adjust status, but will need a sponsor to do so. It sounds as if her husband will not be qualified to satisfy the requirements alone, so she would probably require a joint sponsor. If she could not obtain a joint sponsor then any AoS application she filed would ultimately be denied. Certainly there is nothing stopping her from paying an attorney to file her application, but if she is not able to put food on the table already then she probably doesn't have money to pay a lawyer either.

Nothing you have written indicates that she is able to claim relief under VAWA.

I-485 application fees when not filed based on VAWA are not able to be waived; she would need to pay the $1,070 for her, plus the additional costs for her K-2 daughter.

[Jawaree 717]

Well OP offered to help with atty I say use the money

to set her up & use CC for immigration, she can get a

job even bagging groceries to start while the child is

in school & get her in the Pinay community & a church

for integration and help

[Boiler 45,519]

I would also think money best spent on plane tickets.

I would also think money best spent on plane tickets.

[VOL 425]

We think he may be online gambling.

Sometimes it is best to stay out of others peoples business and issues .

It may be best for you to tell the person they were the one who got themselves into this issue and it is their issue to find the solution.

I may offer a few hundred dollars to a friend in need, but after that I would not get so heavily involved in others peoples problems

[Cathi 5,748]

is she considering filing a VAWA. Found this and is actually from a group in LA.

http://www.ilrc.org/files/document_gathering_for_self-petitioning_under_the_violence_against_women_act.pdf

also, I beleive there may be an application to waive fee

why are you suggesting this? There is nothing in the post that indicates she is able to claim this.

[Cathi 5,748]

Sometimes it is best to stay out of others peoples business and issues .

It may be best for you to tell the person they were the one who got themselves into this issue and it is their issue to find the solution.

I may offer a few hundred dollars to a friend in need, but after that I would not get so heavily involved in others peoples problems

The OP was obviously asked for help, that is why they are here asking for help from the VJ community. Kudos to the OP for trying to help a fellow disabled friend

[Darnell 8,478]

ok - so they have to get settled again before thinking of immigration stuff,

or

she wants to leave?

if the former, contact Catholic Charities in Las Vegas, they can help her, but to the best of my knowledge, someone from that household needs to go in to an office for an intake. CC can handle all the stuff they need to get done. Then file for AOS when there is money again. She's out of status, but not illegally present in the USA - it makes a huge difference. They married within the 90 day span, so she's eligible to file the AOS stuff, some folk have filed at the 2 year mark - sure there's extra scrutiny, but they've gotten greencards and status after.

if the latter, then suggest raising the funds for the airtickets.

[Hotter Otter 1,211]

Sometimes it is best to stay out of others peoples business and issues .

It may be best for you to tell the person they were the one who got themselves into this issue and it is their issue to find the solution.

I may offer a few hundred dollars to a friend in need, but after that I would not get so heavily involved in others peoples problems

Yeah what a terrible friend the OP is for helping out a disabled friend who is in a foreign country and doesn't speak much English.

Please think before you start judging people.