Seeking for advice

[Mrs.sandova 0]

Me and my daughter came here in the US year 2014 with a K1 and K2 visa,to make my story short my fiancé that time married me on the last day of my visa cuz he wasn't sure if he still wants to marry me or not( wish washy) but we ended up getting married after that he wants to send us back home and booked us a flight but we didn't go to flight instead decided to stay here and try to live here peacefully just me working to make a living for me and my daughter.i have no clue what will happened in our future.he didn't adjust my status as married so me and my daughter are both Out of status till now.we even tried to adjust our status in our own without his help, unfortunately we got denied,we're trying to do the right thing and so that they know that we are not being a burden to this country.just wanted a better future ahead of us. And afterwards I met a man that accepted and love us the way we deserved.i am now married to him just last week. Today I got a mail from USCIS asking for affidavit of support from my previous husband which is my original petitioner knowing his not willing to give it to us ever since we separated ways. Now I dont know what to do.is there anybody else outhere who can give us advice.thank you

Edited September 26, 2017 by Mrs.sandova

[Roel 7,192]

Since you came here in the k1 visa you cannot adjust status through a US citizen that is not your petitioner. Means you can only adjust through your ex husband. And now you added illegal work. Sorry to be harsh but you should have return to your country because you have no option for legal stay. You can go back and then your present partner can file for a spouse visa for you. That's your only option. Your aos now will be denied. Spouse visa will take about a year to process but you have to leave USA. Also depending on how long you were out of status you might have a entry ban and you'll need a waiver. 

Edited September 26, 2017 by Roel

[Mrs.sandova 0]

No worries,I'm just here to seek for advice.i am married to a US citizen and he abandoned us,I can't just put every detail of what we've gone through.more on mentally abused.he gave me false information so that he can just get rid of us. When I'm still at my K1 status I'm a legal alien allowed to work.thats why I can work.i have valid SSN authorized by DHS

Edited September 26, 2017 by Mrs.sandova

[Roel 7,192]

Doesn't change the fact that your aos will be denied because you can't adjust through some other us citizen. Only your k1 petitioner. Imo leaving and filing for spouse visa is your only option. 

[Mrs.sandova 0]

I agree with what you said,just looking for any possible chances..can my new husband adopt my daughter?

[Roel 7,192]

I have a feeling that you didn't tray read my post. I don't know the adoptions laws so someone else has to answer that. 

[Mrs.sandova 0]

I'm sorry ma'am  if you feel that way,I clearly understand what your trying to point out..I'm just really kinda bummed out,I'm  so lost.just wanted a better life and future for my family.i gave up so much to be here.and a man with no moral just throwed us like a dump.he was cheating on me when he wanted to send back home to philippines😥

Edited September 26, 2017 by Mrs.sandova

[KULtoATL 1,551]

49 minutes ago, Mrs.sandova said:

I agree with what you said,just looking for any possible chances..can my new husband adopt my daughter?

There's no possible chance for your current US husband to help you adjust yours and your daughter's status. In the eyes of USCIS', you're an out-of-status K-1 visa holder (which was previously applied upon approval of the petition by your ex-husband).

 

37 minutes ago, Mrs.sandova said:

I'm sorry ma'am  if you feel that way,I clearly understand what your trying to point out..I'm just really kinda bummed out,I'm  so lost.just wanted a better life and future for my family.i gave up so much to be here.and a man with no moral just throwed us like a dump.he was cheating on me when he wanted to send back home to philippines😥

That's all in the past now. No use for you to dwell on it. You should be taking the bull by the horns. The one and only legal way for you to live and work in the US is by returning to your home country and have your current US husband petition you for a spousal visa. 

 

Did you file for a divorce from your original I-129F/K-1 US petitioner? Because even if you want your current US husband to petition you for a spousal visa, you'll both need to prove termination of any previous marriages and that you guys got married to each other when you guys were legally able to marry. You'll need to have your divorce decree for that. Another thing you'll need to figure out. 

[Mrs.sandova 0]

7 minutes ago, KULtoATL said:

There's no possible chance for your current US husband to help you adjust yours and your daughter's status. In the eyes of USCIS', you're an out-of-status K-1 visa holder (which was previously applied upon approval of the petition by your ex-husband).

 

That's all in the past now. No use for you to dwell on it. You should be taking the bull by the horns. The one and only legal way for you to live and work in the US is by returning to your home country and have your current US husband petition you for a spousal visa. 

 

Did you file for a divorce from your original I-129F/K-1 US petitioner? Because even if you want your current US husband to petition you for a spousal visa, you'll both need to prove termination of any previous marriages and that you guys got married to each other when you guys were legally able to marry. You'll need to have your divorce decree for that. Another thing you'll need to figure out. 

Yes I have a certified true copy of my divorce from my ex-husband.and he is the one who filed the divorce.im just worried since they had a new law,that I might get banned if I go back home and my new husband petition me for spousal visa.and the main thing is the HARDSHIP.if I decide to go back home me and my daughter will be just burden to my family. I used to be the breadwinner of my family that's why I chose to stay here because I wanna help my family back home to pay our debts and help to send my siblings to school and of course for my daughter to have better future here

[geowrian 22,337]

1 hour ago, Mrs.sandova said:

No worries,I'm just here to seek for advice.i am married to a US citizen and he abandoned us,I can't just put every detail of what we've gone through.more on mentally abused.he gave me false information so that he can just get rid of us. When I'm still at my K1 status I'm a legal alien allowed to work.thats why I can work.i have valid SSN authorized by DHS

You cannot work on a K-1 even with an SSN. You must also have an EAD, which would have only been valid up until 90 days after POE from a K-1 (and takes over 90 days to get anyway). The EAD is the document granting DHS authorization, not an SSN (plus the SSA isn't even under DHS). Your work is not authorized.

 

1 hour ago, Mrs.sandova said:

I agree with what you said,just looking for any possible chances..can my new husband adopt my daughter?

He may or may not be able to adopt based on local adoption laws, but the adoption won't change anything - it won't qualify for any immigration benefits in your case.

 

And as noted, you cannot adjust status through anybody else after entry on a K-1. You have no paths to legal status until you leave the US (and potentially incur a ban based on how long you have been out of status).

Edited September 26, 2017 by geowrian

[KULtoATL 1,551]

Just now, Mrs.sandova said:

Yes I have a certified true copy of my divorce from my ex-husband.and he is the one who filed the divorce.im just worried since they had a new law,that I might get banned if I go back home and my new husband petition me for spousal visa.and the main thing is the HARDSHIP.if I decide to go back home me and my daughter will be just burden to my family. I used to be the breadwinner of my family that's why I chose to stay here because I wanna help my family back home to pay our debts and help to send my siblings to school and of course for my daughter to have better future here

You should be worried more that you'll get deported right now if you get found out or you're reported by someone.

 

Returning home and having your current husband filing a petition for a spousal visa is a LEGAL immigration pathway. You'll only get into trouble if you are staying and working illegally and you might risk a much longer bar/ban if you do not leave the US a.s.a.p.

 

As for the hardship that concerns your family in your home country, that is your issue to figure out. You'll need to work things out with your current husband to see how you guys could deal with the financial aspects of things for your family overseas. I'm not sure if it applies to a spousal visa but check out this link on claiming extreme hardship: http://www.visajourney.com/forums/topic/316-how-do-i-prove-extreme-hardship/

[Mrs.sandova 0]

I know what you and other people wrote on my post was true,but having people that is in good faith,they kept me alive working.the only thing  I can do for now is pray.everything happens for a reason,we've been here for 3 years.thank you all for your advices..

[Mrs.sandova 0]

13 minutes ago, geowrian said:

You cannot work on a K-1 even with an SSN. You must also have an EAD, which would have only been valid up until 90 days after POE from a K-1 (and takes over 90 days to get anyway). The EAD is the document granting DHS authorization, not an SSN. Your work is not authorized.

 

He may or may not be able to adopt based on adoption laws, but the adoption won't change anything - it won't qualify for any immigration benefits in you case.

Thank you for the link KULtoATL im gonna go check that link.and the last source is to consult a lawyer.

[Roel 7,192]

Praying won't help you get a legal status. 

 

You have only one option. 

[geowrian 22,337]

23 minutes ago, KULtoATL said:

 I'm not sure if it applies to a spousal visa but check out this link on claiming extreme hardship: http://www.visajourney.com/forums/topic/316-how-do-i-prove-extreme-hardship/

The hardship waiver can apply for certain ineligibilities (i.e. the bar due to unlawful presence), but it doesn't remove the exclusion from qualifying for AOS. Upon entry on a K-1, the only way for her to AOS is through the I-129F petitioner for the K-1 visa that was used at POE. Her current husband can file an I-130 for her and she can file an I-601A provisional waiver since she's in the US. But she still needs to go through consular processing abroad to get the visa.

 

Also, I will just add - for reference - that the hardship must be to the petitioner, not the beneficiary.

Edited September 26, 2017 by geowrian