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BluesDancer

Married K1, Don't want to file AOS, wife fighting to stay

By BluesDancer in Effects of Major Family Changes on Immigration Benefits

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SalishSea Grand Master

SalishSea   17,847

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Filed: Lift. Cond. (apr) Country: New Zealand
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5 minutes ago, Drackkor said:

Pray that she doesn't get a immigration attorney. If she does she will claim VAWA and try and hold you accountable for the I-864. But I'm told if she does claim VAWA then she will have to file a I-864W which would take you off the hook.

Wrong.  They never filed for AOS, so there isn't an I-864.

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Ben&Zian
Ben&Zian

File for divorce. Move on. You won't be impacted by it at all honestly. What she chooses to do is on her, not you. She knows she needs to leave because she is out of status, and if she doesn't, it's o

EM_Vandaveer
EM_Vandaveer

You cannot "send her back" as she isn't a package or your property. You CAN divorce her & completely cut ties with her, though.

Going through
Going through

Not sure what she thinks the government can do to help her remain in the US legally. There's no way to "send her back"...unless you plan on forcibly dragging her onto a plane kicking and screamin

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
6 minutes ago, Drackkor said:

Pray that she doesn't get a immigration attorney. If she does she will claim VAWA and try and hold you accountable for the I-864. But I'm told if she does claim VAWA then she will have to file a I-864W which would take you off the hook.

There's no I-864 to enforce. That only comes into play if both

1) an I-864 is filed (none was here), and

2) they obtain LPR status via that I-864 (in which case there would be no reason for VAWA as she would already have a green card)

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

 

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EM_Vandaveer Experienced

EM_Vandaveer   2,408

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Filed: Citizen (apr) Country: Hungary
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10 hours ago, Drackkor said:

Pray that she doesn't get a immigration attorney. If she does she will claim VAWA and try and hold you accountable for the I-864. But I'm told if she does claim VAWA then she will have to file a I-864W which would take you off the hook.

No I-864 was ever filed by OP.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Daniela M_______ Collaborator

Daniela M_______   410

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Filed: K-1 Visa Country: Mexico
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Follow the good advice you received here, you need to get a divorce and forget about her.

 

If she decides to stay and being out of status forever, that's her problem.

If she decides to leave then that's her problem too.

 

But please stop thinking you have some kind of posession right on her, you can't "send her back" it's not a package, it's a person, adult and responsible for her actions and consequences.

Do what you can do and move on. 

NOA 1 *NEW* USCIS website: March 01, 2018

RFE USCIS website: September 26, 2018

RFE Hard copy: October 01, 2018

RFE Response Sent:  October 10, 2018

RFE Received by USCIS:  October 16, 2018

NOA2!!!!! *NEW* USCIS website: November 2, 2018

NVC Received: November 14, 2018

NVC Case Number: November 29, 2018

NVC In Transit: December 11, 2018

NVC Ready: December 13, 2018

Medical: February 18, 2019

CAS (Biometrics): February 19, 2019

Interview: February 20, 2019 - APPROVED!

CEAC Issued: Februery 27, 2019

VOH: March 12, 2019

POE: March 23, 2019

Marriage: May 10, 2019

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Randyandyuni Experienced

Randyandyuni   2,682

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Filed: Citizen (pnd) Country: Philippines
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through the lawyer offer to pay her way back to the Philippines, that is an incredible cost for them, but do it in the form of a ticket, not the cash equivalent and count it as a small investment towards recouping your sanity

 

 

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ManCharsey Collaborator

ManCharsey   254

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Filed: Timeline
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23 hours ago, Ben&Zian said:

 

File for divorce. Move on. You won't be impacted by it at all honestly. What she chooses to do is on her, not you. She knows she needs to leave because she is out of status, and if she doesn't, it's on her. She knows you're the only one who can help her adjust so. Divorce, and just keep away from her and protect yourself. Trying to "force" her to go home might backfire in some sort of abuse claim, so again just stay clear or her.

Best advise so far! OP will be a fool to not listen.

You talk you teach, you listen you learn

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Roel Experienced

Roel   7,192

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Filed: Lift. Cond. (apr) Country: Poland
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I can imagine her going to the "government".

Because we all know that current government loooooooooves illegal immigrant. Good luck to her!

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. 

 

 

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TBoneTX Grand Master

TBoneTX   45,329

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Filed: Citizen (apr) Country: Ecuador
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An inappropriate post has been removed.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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BluesDancer Explorer

BluesDancer   147

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Filed: K-1 Visa Country: Philippines
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With my wife's visa expired and I file divorce, will she be able to collect alimony after 6 months together? She is currently staying at another Filipina's house.

 

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Crazy Cat Grand Master

Crazy Cat   41,904

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Filed: Citizen (apr) Country: Taiwan
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25 minutes ago, BluesDancer said:

With my wife's visa expired and I file divorce, will she be able to collect alimony after 6 months together? She is currently staying at another Filipina's house.

 

That is a matter for the divorce hearing judge to decide.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Going through Mentor

Going through   5,671

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Filed: Citizen (apr) Country: Canada
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27 minutes ago, BluesDancer said:

With my wife's visa expired and I file divorce, will she be able to collect alimony after 6 months together? She is currently staying at another Filipina's house.

 

That's up to the judge...can't see her having much success with it given the short duration of marriage, but will depend on the circumstances.

 

The visa being expired does not make a difference in terms of her eligibility to collect alimony, though.  A divorce is a divorce, immigration matters are separate.

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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Randyandyuni Experienced

Randyandyuni   2,682

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Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
2 hours ago, BluesDancer said:

With my wife's visa expired and I file divorce, will she be able to collect alimony after 6 months together? She is currently staying at another Filipina's house.

 

Divorce is very state/county specific, lawyer up 

 

 

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SalishSea Grand Master

SalishSea   17,847

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
7 minutes ago, BluesDancer said:

It looks like my wife is filing AOS without me.
So what does that mean?
How can she do that?

She can't.  The K-1 is very specific in that the immigrant can only adjust status through the original spouse/petitioner.

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)
1 hour ago, BluesDancer said:

It looks like my wife is filing AOS without me.
So what does that mean?
How can she do that?

Either she forged your info or she submitted the forms w/o an I-864, which cannot be approved by law.

Or she filed an I-360 for VAWA and AOS concurrently with that.

Edited by geowrian

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

 

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