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payxibka Grand Master

payxibka   10,047

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Filed: AOS (apr) Country: Philippines
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Posted (edited)
2 minutes ago, Hello729 said:

Can I do that even though we are still married?  🙏

 

Yes if that is what you decide .  Get in front of an attorney asap as you don't want to make decisions blind 

Edited by payxibka

YMMV

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Shiran
Shiran

You said this multiple times. You also said she is "vindictive" In reality, I have no idea what it means in your story. What you can do, and what your right to was covered. I-864 is "your" form, it is

little immigrant
little immigrant

I was in a what I consider abuse relationship and I promised myself if I had gotten pregnant I would have left the US and he would have never even met his child. I would have not stayed but gone home

jamrep
jamrep

I would love to hear her side of the story

Hello729 Community Regular

Hello729   74

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Filed: K-1 Visa Country: China
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Posted
1 minute ago, Boiler said:

From her point of view she should want to leave soon as once the child is born most unlikely a Court would let her take the child with her.

Oh I see 🙏

Thank you so much, everyone!

DD5B56DF-4C70-4A4F-A074-C72EA2413B5E.jpeg

 

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
3 minutes ago, Hello729 said:

Can I do that even though we are still married?  🙏

Ok and thank you 🙏 

Yes

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

 

SalishSea Grand Master

SalishSea   18,015

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
8 minutes ago, Boiler said:

From her point of view she should want to leave soon as once the child is born most unlikely a Court would let her take the child with her.

Why?  Courts will rarely separate newborns from mothers, unless there is documented abuse.  If she has no legal path to stay, I can't see her being required to effectively abandon her new baby.

Hello729 Community Regular

Hello729   74

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Filed: K-1 Visa Country: China
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Posted
4 minutes ago, payxibka said:

Do you have an interview date?

We don’t have an interview date yet although I have a feeling it will be soon.  She has been granted work authorization a couple of days ago.  

Thank you so much, everyone!

DD5B56DF-4C70-4A4F-A074-C72EA2413B5E.jpeg

 

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
1 minute ago, Jorgedig said:

Why?  Courts will rarely separate newborns from mothers, unless there is documented abuse.  If she has no legal path to stay, I can't see her being required to effectively abandon her new baby.

On what basis would she have to stay in the US?

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

 

SalishSea Grand Master

SalishSea   18,015

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
1 minute ago, geowrian said:

On what basis would she have to stay in the US?

Exactly.  My point was that if and when she has to depart the US, the baby will be going with her.

Boiler Grand Master

Boiler   45,827

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
3 minutes ago, Jorgedig said:

Why?  Courts will rarely separate newborns from mothers, unless there is documented abuse.  If she has no legal path to stay, I can't see her being required to effectively abandon her new baby.

She would not have a basis to stay, child will be a USC.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

payxibka Grand Master

payxibka   10,047

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

Get all your ducks in a row.   Time is ticking. 

 

If it were me,  I  would serve her papers and rescind the affidavit at the interview.   That would be vindictive 

YMMV

Boiler Grand Master

Boiler   45,827

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
1 minute ago, Jorgedig said:

Exactly.  My point was that if and when she has to depart the US, the baby will be going with her.

Most unlikely.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

SalishSea Grand Master

SalishSea   18,015

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
Just now, Boiler said:
1 minute ago, Boiler said:

Most unlikely.

She would not have a basis to stay, child will be a USC.

Really?  So, because her USC spouse withdraws her path to legal status, she loses her parental rights?

Just Paul Veteran

Just Paul   4,595

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

Pull the I-864.   Document her behavior.  After that everything becomes a negotiation.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Just now, Jorgedig said:

Really?  So, because her USC spouse withdraws her path to legal status, she loses her parental rights?

Her path to legal status is not an inalienable right 

YMMV

 
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