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MrsAsh Newbie

MrsAsh   0

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

Good day.

Just talked to one Filipina who got married to an American last April 2018. On her behalf, I would like to make a query, needing your insight on the matter.  She is concerned about filing for her AOS but the husband has become uncooperative. Is it possible for her to file for the AOS without the husband's involvement? 

Thank you.

Edited by MrsAsh
debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
Just now, MrsAsh said:

Good day.

Just talked to one Filipina who got married to an American last April 2018. On her behalf, she is concerned about filing for her AOS but the husband has become uncooperative. Is it possible for her to file for the AOS without the husband's involvement? 

Thank you.

Im not anywhere near this step yet, so dont take my word as gospel, but i would say no, because it is contingent upon the bonafide marriage.

 

My bigger concern would why he is being uncooperative?

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted (edited)
4 minutes ago, MrsAsh said:

Good day.

Just talked to one Filipina who got married to an American last April 2018. On her behalf, she is concerned about filing for her AOS but the husband has become uncooperative. Is it possible for her to file for the AOS without the husband's involvement? 

Thank you.

Unfortunately, no.

 

You see, with her AOS comes an affidavit of support by her petitioner, aka her husband. Without that signed affidavit of support, her AOS will not be approved.

 

Why is the husband being uncooperative on something so important? Is it a form of control or does he not want to continue being with her?  Either way she should re-evaluate her marriage to him.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Roel Experienced

Roel   7,193

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

No. She can either leave US or stay as illegal without right to work and deportable. 

 

No other options. 

She can only receive a green card through her petitiner. 

 

Funny though. Second Filipina girl today whose marriage goes wrong soon after arrival and before AOS.  

 

 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

*** Moved to Adjustment of Status from K1 and K3 Family based Visas ***

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

See this other case posted almost at the same time as this thread. Similar circumstances, and therefore similar responses.

 

In short, no. An I-864 from the original I-129F petitioner is necessary.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted
7 minutes ago, MrsAsh said:

@debbiedoo I am not in the position to devulge the matter between them but I am sure she is "on the right side". Her only concern is if it's possible for her to file for her AOS.

Unfortunately, this is a complicated situation she is in. She can't AOS without her husband. She will remain in a limbo state where she is technically deportable. 

 

Is there any abuse in the marriage? 

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

bad4tatt Enthusiast

bad4tatt   168

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted
1 hour ago, MrsAsh said:

Good day.

Just talked to one Filipina who got married to an American last April 2018. On her behalf, I would like to make a query, needing your insight on the matter.  She is concerned about filing for her AOS but the husband has become uncooperative. Is it possible for her to file for the AOS without the husband's involvement? 

Thank you.

No!

bad4tatt Enthusiast

bad4tatt   168

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted
1 hour ago, NuestraUnion said:

Unfortunately, no.

 

You see, with her AOS comes an affidavit of support by her petitioner, aka her husband. Without that signed affidavit of support, her AOS will not be approved.

 

Why is the husband being uncooperative on something so important? Is it a form of control or does he not want to continue being with her?  Either way she should re-evaluate her marriage to him.

He probably figured out why she wanted to get married. imo of course. There is a reason her country is on the high fraud list.  

dentsflogged Collaborator

dentsflogged   352

Posted
Timeline
Posted
11 hours ago, bad4tatt said:

He probably figured out why she wanted to get married. imo of course. There is a reason her country is on the high fraud list.  

I normally don't agree with generalisations like this but given this is the second thread with a similar issue today, I'm gonna go ahead and ask the question - if the marriage is "over" (as mine would be after going through K-1 only to have my husband refuse to accomodate the AOS process so that I could work and be independent) - why are these people trying to stay rather than heading back to an old life that would be comfortable, familiar and easier to pick up than starting brand new in a new country?

 

Sorta seems...strange ... to me.

 

 
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