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Filed: K-1 Visa Country: Philippines
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I am in the US came my ex wife petition me as K1 fiance visa married before the 90 days year 2017 long story short she haven’t filed AOS and then she filed for divorce 2021 is still pending but is there a way I can Get a green card she didn’t even tell me i could get a SSN before I want to stay and be able to have half custody or visitation with my two kids i can’t afford a lawyer so hopefully someone can help me here 

Edited by Zeke
The entry year was wrong
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Unless you can prove domestic abuse there is no way to obtain your GC.

Please fill out your VJ timeline.

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10 minutes ago, Zeke said:

I am in the US came my ex wife petition me as K1 fiance visa married before the 90 days year 2017 long story short she haven’t filed AOS and then she filed for divorce 2021 is still pending but is there a way I can Get a green card she didn’t even tell me i could get a SSN before I want to stay and be able to have half custody or visitation with my two kids i can’t afford a lawyer so hopefully someone can help me here 

No, you were only able to adjust status through that marriage, and it was not her responsibility to inform you about getting an SSN.

 

You will definitely need a family lawyer regarding your kids.  That is not an immigration issue.

 

So you have been here out of status for 7 years and you're just now looking into this?

Edited by SalishSea
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9 minutes ago, Zeke said:

I am in the US came my ex wife petition me as K1 fiance visa married before the 90 days year 2017 long story short she haven’t filed AOS and then she filed for divorce 2021 is still pending but is there a way I can Get a green card she didn’t even tell me i could get a SSN before I want to stay and be able to have half custody or visitation with my two kids i can’t afford a lawyer so hopefully someone can help me here 

Is your wife still willing to sponsor you? You can only obtain a GC from your (ex)wife or through VAWA… 

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Filed: K-1 Visa Country: Philippines
Timeline
4 minutes ago, Redro said:

Is your wife still willing to sponsor you? You can only obtain a GC from your (ex)wife or through VAWA… 

she is not actively doing the divorce case because she wants me to work on my GC for the sake of the kids theres no abuse its my fault i cheated she did used the GC to hold on to me thats why it took that long but now we’re ok for sake of the kids 

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2 minutes ago, Zeke said:

she is not actively doing the divorce case because she wants me to work on my GC for the sake of the kids theres no abuse its my fault i cheated she did used the GC to hold on to me thats why it took that long but now we’re ok for sake of the kids 

She is not eligible to sponsor you for a GC because your marriage is no longer valid.

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Filed: K-1 Visa Country: Philippines
Timeline
Just now, Zeke said:

she is not actively doing the divorce case because she wants me to work on my GC for the sake of the kids theres no abuse its my fault i cheated she did used the GC to hold on to me thats why it took that long but now we’re ok for sake of the kids 

We’re not together shes filing head of the household she hasn’t serve me the divorce document because she wants me to get a gC now the divorce is pending until theres a proof of service

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Filed: K-1 Visa Country: Philippines
Timeline
11 minutes ago, SalishSea said:

No, you were only able to adjust status through that marriage, and it was not her responsibility to inform you about getting an SSN.

 

You will definitely need a family lawyer regarding your kids.  That is not an immigration issue.

 

So you have been here out of status for 7 years and you're just now looking into this?

Yes because i was afraid i would get deported because she did threaten to deport me before but she just said it out of anger because i was in the wrong i cheated and we couldn’t save it it took that long because i was waiting for the time she will heal and be civil about it and now we’re ok but we’re not together 

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Filed: K-1 Visa Country: Philippines
Timeline
5 minutes ago, SalishSea said:

She is not eligible to sponsor you for a GC because your marriage is no longer valid.

Legally we’re still married because theres no final decree its been pending i really hope someone can give me advice no judgement i know it was a mistake but i am paying for it i dont have any permanent address its hard to look for under the table hustle its hard getting by 

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Filed: K-1 Visa Country: Philippines
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21 minutes ago, Redro said:

Is your wife still willing to sponsor you? You can only obtain a GC from your (ex)wife or through VAWA… 

How do i do vawa? What will happen to her and my two kids if i do the VaWa? Do you have any like website or instructions on how to do it step by step? Please anything will do thank you

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14 minutes ago, Zeke said:

Legally we’re still married because theres no final decree its been pending i really hope someone can give me advice no judgement i know it was a mistake but i am paying for it i dont have any permanent address its hard to look for under the table hustle its hard getting by 

You probably have to divorce and move on / find a different avenue for staying in the US. Staying married means you'll be liable for any new debts she's accumulating.

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11 minutes ago, Zeke said:

How do i do vawa? What will happen to her and my two kids if i do the VaWa? Do you have any like website or instructions on how to do it step by step? Please anything will do thank you

Do you have a valid WAVA case? Did she physically abuse you? Do you have police reports or restraining orders? Did you suffer mental abuse that is documented? Do you have witnesses? It sounds like a weak / no WAVA case so far.

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29 minutes ago, Zeke said:

she is not actively doing the divorce case because she wants me to work on my GC

What do you mean by she's doing the divorce? You can file for divorce without her permission any moment. With children involved it's harder, for sure.

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35 minutes ago, Zeke said:

We’re not together shes filing head of the household she hasn’t serve me the divorce document because she wants me to get a gC now the divorce is pending until theres a proof of service

You can only get the GC through her. she has to sponsor you. 
Sounds like there is no abuse so VAWA is not an option. 

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Filed: Citizen (apr) Country: Canada
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~~Moved to Effects of Major Family CHanges, from AOS Family K1/K3- as similar threads are discussed here.~~

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Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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