Issues before AOS

[Talako 781]

I know we hear this a lot, but I'm asking for a friend...  Actually, I am.  A Filipina friend of my wife  has an issue that  maybe someone here has encountered or has a suggestion.

 

The Filipina arrived here in the US and married within the 90 days.  After the marriage, something went wrong.  Don't know what, or really care what, it was about.  I do know violence was not an issue.  She ended up moving out, and she is living with family and/or friends.

 

They have not filed for AOS yet, and he is, and will be, uncooperative.  The question is what can she do?

 

My first thought is that she is hosed, as you can't prove a legitimate relationship to get a green card.  I know that if a green card had been issued, there are protections/exclusions/waivers for divorced individuals.  Unless she can patch it up with her husband to complete the process, she probably needs to plan to go back to the Philippines.

 

So, at this point, before AOS, what can she do stay?

[Roel 7,192]

She can go back to her country or forever live in the US as  illegal without right to work.

 

 

Sorry. She can only get green card through her petitioner.  No other way for her exist to become legal. 

[Talako 781]

1 minute ago, Dee elle said:

Nothing..    

Without AOS she cannot stay

If is is longer than 90 days since she entered on her K1, she is now out of status, illegal, and can be deported.. if she chooses to voluntarily leave, she may still incur an overstay ban, depending on how long she has overstayed. If violence and abuse was not the issue, she has no grounds to adjust her status apart from the K1 related marraige .. ie to that spouse. 

 

1 minute ago, Roel said:

She can go back to her country or forever live in the US as  illegal without right to work.

 

 

Sorry. She can only get green card through her petitioner.  No other way for her exist to become legal. 

Thank you for confirming what I thought.

[geowrian 22,337]

Without the I-129F's petitioner's support, she has no path to a green card or stay beyond the original 90 days.

 

Other options are:

1) VAWA, but it doesn't sound like that applies here.

2) Complete AOS using Matter of Sesay despite no longer being together. This is a VERY uphill battle and still requires the I-29F's petitioner to provide an I-864 to be financially responsible for her. If he is not willing to do so, this path is not possible. This suggestion is just out there for completeness.

[bad4tatt 168]

47 minutes ago, Talako said:

I know we hear this a lot, but I'm asking for a friend...  Actually, I am.  A Filipina friend of my wife  has an issue that  maybe someone here has encountered or has a suggestion.

 

The Filipina arrived here in the US and married within the 90 days.  After the marriage, something went wrong.  Don't know what, or really care what, it was about.  I do know violence was not an issue.  She ended up moving out, and she is living with family and/or friends.

 

They have not filed for AOS yet, and he is, and will be, uncooperative.  The question is what can she do?

 

My first thought is that she is hosed, as you can't prove a legitimate relationship to get a green card.  I know that if a green card had been issued, there are protections/exclusions/waivers for divorced individuals.  Unless she can patch it up with her husband to complete the process, she probably needs to plan to go back to the Philippines.

 

So, at this point, before AOS, what can she do stay?

Sorry but this is going to sound cold. She should leave. She cannot AOS without him, if she does not after the 90 days she is out of status and looks that she will get a ban.

 

Clearly she is just in it for a green card based on you statement "Unless she can patch it up with her husband to complete the process, she probably needs to plan to go back to the Philippines." 

[Talako 781]

7 minutes ago, bad4tatt said:

Sorry but this is going to sound cold. She should leave. She cannot AOS without him, if she does not after the 90 days she is out of status and looks that she will get a ban.

 

Clearly she is just in it for a green card based on you statement "Unless she can patch it up with her husband to complete the process, she probably needs to plan to go back to the Philippines." 

I found out a little more, and she is not "in it for the green card."  There is no indication of fraud.  Immaturity in significant excess by the both of them maybe, but fraud no.

 

She is just a confused Filipina with a relationship gone wrong and immigration problems. It happens.

 

 

[geowrian 22,337]

It's always just a bit curious when somebody comes to the US for love, it very quickly doesn't work out (i.e. months), then they want to stay. Why stay? There's nothing for you here and it wasn't ever established as your home. It's time to move on and go back home.

[Chris Duffy 1,257]

If one of us go to the Philippines and overstays a visa,  there is an hotline you can call or text and get a reward for turning the person in.

https://www.facebook.com/officialbureauofimmigration/posts/468060663332646

 

 

In USA it no big deal if you are illegal or overstay a visa for the most part.

 

 

 

 

 

[Hank_ 9,174]

ICE has a number, but it is useless to call it from within commifornia