Any info would help

[Boiler 45,837]

Well she could have stayed, slightly different process but that boat has gone, just for future reference.

 

So spousal visa it is.

[Unlockable 7,315]

*** Moved from K-1 Fiance(e) Visa Case Filing and Progress Reports to “IR-1 / CR-1 Spouse Visa Process & Procedures”, the OP now needs a spousal visa ***

[Just Paul 4,595]

1 hour ago, Boiler said:

Well she could have stayed, slightly different process but that boat has gone, just for future reference.

But his attorney . . .

3 hours ago, joshm608 said:

I briefly spoke to an attorney and he said it would be much faster and cost effective to reapply thru Philippine embassy.

 

Where did the attorney come up with that?  So much for sound advice.

 

OP, if she wants to stay married you need to visit her and make sure she will be happy.

 

 

[Roel 7,192]

8 hours ago, payxibka said:

AOS from K1 does not need an I130

It does when they marry after 90 days. 

[pushbrk 13,027]

Be sure to mention when asked, that she DID overstay.  Under the circumstances you describe, I don't think that will be held against her.

 

Are you, the OP, also native Filipino?  Your explanations come across "Filipino", which is to ignore the elephant in the room when it might be a little embarrassing.  The elephant in this case is the marriage problems you barely mention.  You would be wise to deal with those before doing anything, BECAUSE she will eventually be asked why she left the US, and she will need to answer truthfully.  Her passport expiring is not a reason.  Filipinos and other foreigners renew their passports in the US every day, and all around the world.  She should NOT try to get a Consular Officer to believe THAT was the reason she left.

[pushbrk 13,027]

8 hours ago, USS_Voyager said:

 

Of course they did. Expect nothing less from the US Government.

 

 

 This with regard to keeping the "Filing Fee". It's a "Filing Fee".

 

USCIS was absolutely correct both in keeping the filing fee and denying the application.  The failure was the OP's, not the US Government.  They should have married sooner, or filed an I-130 and I-130, and paid a separate and additional filing fee for that.  If they had done so, they would be together in the US now, if that's what they both wanted.

 

Aside:  Whether the lawyer gave the correct advice or not depends on whether it was given before or after the foreign spouse left the USA.

[aaron2020 11,651]

15 hours ago, payxibka said:

AOS from K1 does not need an I130

AOS from K1 does need an I-130 when the K1 marries after the 90 days.   Like in this case.

 

15 hours ago, joshm608 said:

We miscalculated the days and got married 1 day later than allowed this our application was denied. They kept the money obviously that is not refundable.  My wife's passport was going to expire and she was not going to stay past the passport validation so she went back to Philippines. I briefly spoke to an attorney and he said it would be much faster and cost effective to reapply thru Philippine embassy. We definitely cared about the status, but of course there were other circumstances of our marriage being a little bumpy and questions if she wanted to stay here or go back. 

 

[aaron2020 11,651]

Your wife should never have left the US; big mistake.  Should have reapplied for AOS and file the I-130 since she did not marry within the 90 days on the K1. That would have allowed her to stay.  Boat has passed. 

 

Now, the only thing is a CR-1/IR-1 spousal visa which will take about 12-18 months.  

 

Did she leave on her own or on the advice of the attorney?

[joshm608 0]

An attorney told me to go thru the Philippines embassy,  said it was much faster and easier. And he said if she get caught here she will never be able to return.

[Weston 4]

I think everybody would agree with you to fill cr1 for her, and it's the better way for her to come back to the U.S.A.

[Roel 7,192]

2 hours ago, Weston said:

I think everybody would agree with you to fill cr1 for her, and it's the better way for her to come back to the U.S.A.

* only way

3 hours ago, joshm608 said:

An attorney told me to go thru the Philippines embassy,  said it was much faster and easier. And he said if she get caught here she will never be able to return.

1. It's not faster. 2. It's not really easier. 3. Not true, all you had to do was to refile AOS.

[aaron2020 11,651]

3 hours ago, joshm608 said:

An attorney told me to go thru the Philippines embassy,  said it was much faster and easier. And he said if she get caught here she will never be able to return.

If this attorney advised your wife to go home instead of staying to file the I-130 and AOS, this attorney should be sued for malpractice.  

[Ben&Zian 4,398]

Unfortunate so many people put their faith in these "lawyers" without looking into information for themselves... 

[Kingdomcome84 18]

i'm reading this and my heart is feeling for the OP. Expect to put in all the time, money and effort of traveling back and for again to the Philippines for another potential 12-15 months 

[Going through 5,671]

4 hours ago, joshm608 said:

An attorney told me to go thru the Philippines embassy,  said it was much faster and easier. And he said if she get caught here she will never be able to return.

Going forward, I would suggest always consult more than one attorney before taking their advice to heart.  Perhaps he misunderstood your situation and that's why he suggested she return to her home country, perhaps he was in a rush to get you off the phone if it was "free consultation" and gave a generic answer without understanding all of the facts at hand.

 

It's not faster, and not easier.    Right now, no, she has no legal basis to enter the country.    She would, however, had authorized stay to remain in the US had you just refiled the AOS (with a i-130).  I would suggest you also have a heart-to-heart with her and make sure she wishes to live with you in the US as your wife considering you'd said earlier there was prior talk about her going back home/leaving you due to some bumps in your marriage.

 

The last thing you need now is to go through the added expense/time of the CR-1, only to find out she has resentment about continuing the marriage after all is said and done.