AOS not started/WIfe wants to go back Home

[Lemonslice 4,549]

Does she have a support system back home?  I understand her willingness to return home, but if she is not stable she might not be able to cope.

The consulate should be able to help you get a travel letter, that is usually faster than the issuance of a regular passport.   Do you have copies of her documents from years ago - maybe dig in your filing cabinet... that could be useful.

Best of luck. 

[JANETandLYLE 11]

Lemonslice, that is what I would like to see happen instead of having to go to San Francisco to the Philippines Consulate over a passport. I was thinking of getting paperwork form the Doctor's who treated her, and using those to show the proof of some sort of mental issue took place. I figured at this point, it actually might help. As far as support back home, i guess she claims she will go stay with an Aunt and Uncle. She has many relatives in the area, but it appears they are not really close. I appreciate the advice. No documents. She either destroyed them all within the last year, or threw them away. That is the purpose of the appointment with Immigration to hopefully request what we would need to get her paperwork going. I would at least like to have her birth certificate, passport with stamps, etc. 

[TBoneTX 43,020]

5 hours ago, JANETandLYLE said:

She has an issue that leads us to no possible way of a relationship.

This realization will set you free.

Get her home by the best available means, and heal without beating yourself up.

[caliliving 606]

On 1/9/2017 at 9:48 AM, Umka36 said:

Honestly, they should put a deadline on filing the AOS. Often folks can't/won't file either because of financial or relationship issues. When you marry someone under the K1, the AOS should be mandatory by both the petitioner part and beneficiary. I think it's stupid to put the burden of the AOS on the beneficiary, since most are clueless of the immigration process. Look at some of us, and we live in the US.

 

OP, continue assisting your soon to be ex-wife on getting her passport and ticket back home. It's about the only morally thing you can do now if the relationship is over.

They cant put a deadline

Overstay is forgiven..not the problem The problem is he hes conteolling the spouse.

Whether she has 30 or 120 days bo difference would be made .

 

Not to be mean, but as a foreigner from ceetain countries ur on top of it.

 

Janet can prob barely speak english...the probkem is him havinf the gc is control over her (janet) 

 

 

 

 

[caliliving 606]

On 1/9/2017 at 9:51 AM, geowrian said:

It's no different for the USC in most cases. The immigration process is only learned by doing it and by researching it. The USC does not have any innate advantage into how it works.

It sounds like thjs woman can barely speak english!!

 

I guatantee this man made promises

 

[caliliving 606]

3 hours ago, JANETandLYLE said:

Lemonslice, that is what I would like to see happen instead of having to go to San Francisco to the Philippines Consulate over a passport. I was thinking of getting paperwork form the Doctor's who treated her, and using those to show the proof of some sort of mental issue took place. I figured at this point, it actually might help. As far as support back home, i guess she claims she will go stay with an Aunt and Uncle. She has many relatives in the area, but it appears they are not really close. I appreciate the advice. No documents. She either destroyed them all within the last year, or threw them away. That is the purpose of the appointment with Immigration to hopefully request what we would need to get her paperwork going. I would at least like to have her birth certificate, passport with stamps, etc. 

She has NO ONE

Janet came here to marry u

 

U always ALWAYS had an excuse...u wanted control.

 

The us embassay will give a one time document to ger home to your county 

 

Sounds like u were happy having a wife brought over on a k1 and live illegally 

 

Nice. 

 

7yrs later and ur not even trying to help your wife get a job and work.

 

 

 

 

[Ryan H 3,790]

**Post contributing nothing to the discussion removed; either post constructively or do not post.**

[JANETandLYLE 11]

Actually my soon to be ex-wife has excellent English speaking and writing skills. Also, since you don't me, I don't know how you can throw out so many judgments. I am not a controlling type of person, and that was never the attempt. I never interned to create the issue we now have. I do agree, there should be a time table on the AOS. We had other issues out of my control during our time together. Just to name a couple, besides the mental issue (which I made sure my wife was given the best possible care at 48k), included a skin issue we both acquired back in 2012, due to dragging home some clothing articles from a Goodwill store. That alone cost me thousands of dollars with Dermatologist's trying to figure out what the heck it I admit it through a monkey wrench into things for us at that point. Being self employed ( I have had a auto repair shop since 1985) I also faced financial issues with my business, during the slump of the years around 2009-2012. I should have switched careers at that point, looking back now. There was several variables here, that did not allow me to do what I had intended to do, so not one bit of this was handled in a negative aspect, purposely. I admit, I dropped the ball on the most important part, unintentionally. I don't mind the feedback, regardless if it's negative. I have some self reflecting to do through all of this, and if nothing else, let this be a good lesson for others. I have spilled my guts out in this forum, and I hope others can learn from my big mistake. I am an honest, and well liked man in my area (by most people), and I try to show integrity in all that I do.

Unfortunately, I did not follow through in this area of my life, and I have beat myself up over it, terribly. I love my now Wife with all my heart, but I just couldn't see my way through to getting it done. 

[JANETandLYLE 11]

 

"The us embassay will give a one time document to ger home to your county 

 

Sounds like u were happy having a wife brought over on a k1 and live illegally"

 

I appreciate your advice on the one time document. I will look into that. My question to you, and maybe I just don't understand is, How were we living as you say, illegally? She came here legally, we were married in the ninety days, and yes, she was out of status, but as far as I know, that is not illegal. I have never found where there was an actual limit limit on doing the AOS, and it was forgiven once applied for. When she went to the hospital for her mental conditions, she was taken there by the local police department, because she had ran away from home. They had to verify through immigration who she was and immigration verified her identity. If she was considered an illegal, wouldn't they have picked her up after her hospital visit? Just curious! Just remember in some circumstances, if you haven't walked in someone else's shoes, it's hard at times to cast judgement. People in my community of sixty thousand that know me, know what type of person I am. Your controlling statements, is actually false. I am not the controlling type, and never have been. Although I appreciate any and all feedback, to make certain assumptions does not make those assumptions facts. We can always cast judgement on others, but our perceptions of that person are not always correct. I take blame where it lies, but I also must be honest about my particular situation. It was in my hands, and I didn't follow through, regardless of the excuses I could possibly use. Now i will face the consequences of all of that. 

[JANETandLYLE 11]

"The us embassay will give a one time document to ger home to your county" I do believe you meant to type, to get her home to HER country. Regardless, would I contact the US Embassy in Manila to check on this one time document? Should i be getting a hold of an office here in the USA? Any advice would be appreciate. 

[Transborderwife 4,666]

41 minutes ago, JANETandLYLE said:

 

"The us embassay will give a one time document to ger home to your county 

 

Sounds like u were happy having a wife brought over on a k1 and live illegally"

 

I appreciate your advice on the one time document. I will look into that. My question to you, and maybe I just don't understand is, How were we living as you say, illegally? She came here legally, we were married in the ninety days, and yes, she was out of status, but as far as I know, that is not illegal. I have never found where there was an actual limit limit on doing the AOS, and it was forgiven once applied for. When she went to the hospital for her mental conditions, she was taken there by the local police department, because she had ran away from home. They had to verify through immigration who she was and immigration verified her identity. If she was considered an illegal, wouldn't they have picked her up after her hospital visit? Just curious! Just remember in some circumstances, if you haven't walked in someone else's shoes, it's hard at times to cast judgement. People in my community of sixty thousand that know me, know what type of person I am. Your controlling statements, is actually false. I am not the controlling type, and never have been. Although I appreciate any and all feedback, to make certain assumptions does not make those assumptions facts. We can always cast judgement on others, but our perceptions of that person are not always correct. I take blame where it lies, but I also must be honest about my particular situation. It was in my hands, and I didn't follow through, regardless of the excuses I could possibly use. Now i will face the consequences of all of that. 

It's technically illegal.  If your logic on the matter was true, the millions of what we consider illegal immigrants here in the USA would not be so.  Many come on work, tourist or educational visas and fall out of status staying.  They're still considered illegal immigrants 

[geowrian 22,335]

44 minutes ago, JANETandLYLE said:

How were we living as you say, illegally? She came here legally, we were married in the ninety days, and yes, she was out of status, but as far as I know, that is not illegal. I have never found where there was an actual limit limit on doing the AOS, and it was forgiven once applied for. When she went to the hospital for her mental conditions, she was taken there by the local police department, because she had ran away from home. They had to verify through immigration who she was and immigration verified her identity. If she was considered an illegal, wouldn't they have picked her up after her hospital visit? Just curious!

Being out of status is illegal. It's "only" a civil violation of the INA...but generally that would considered "illegal". She would, by many, be called an "illegal alien". This is not to be confused with unlawful presence, which is generally a more serious offense. She came her legally, but she is not currently here legally. The fact that they didn't bring her before a judge does not mean it was legal. Technically, they could have brought her before a judge and have ordered to start the deportation process. Realistically, they wouldn't do that because it's more work for everyone involved when just filing AOS would resolve it.

 

In short - you got lucky. Or more precisely, you didn't get unlucky.

 

" The INA [Immigration and Nationality Act] includes both criminal and civil components, providing both for criminal charges (e.g., alien smuggling, which is prosecuted in the federal courts) and for civil violations (e.g., lack of legal status, which may lead to removal through a separate administrative system in the Department of Justice). Being illegally present in the U.S. has always been a civil, not criminal, violation of the INA, and subsequent deportation and associated administrative processes are civil proceedings. For instance, a lawfully admitted nonimmigrant alien may become deportable if his visitor's visa expires or if his student status changes."

 

NOTE: A K-1 is a non-immgrant visa with dual-intent (i.e. it allows you to enter with the intention of immigrating). As such, she technically was a nonimmigrant alien.

 

Edit: Think of it this way. What if you had applied for AOS but it was denied? Then why would anybody (who doesn't want to ever be naturalized or work or leave the US) even file AOS? It costs a lot of money, takes time, is stressful, etc. Filing AOS could result in a denial and deportation, but not filing AOS means they can stay here legally? That doesn't make sense.

Edited January 13, 2017 by geowrian

[Transborderwife 4,666]

To counter point the immigration verification issue, many a police officer that I know here in Florida have encountered the same thing. They arrest illegals, take them to jail and they're released as it simply costs ICE too much at present to pick them up and deal with them unless they are in removal proceedings, it usually gets brushed off.

[Boiler 43,396]

Overstay, illegal, out of status whatever, she is still here illegally and deportable. Has no legal presence etc etc

 

Seems her Passport expired a long time ago, there is mention in 2011.

 

I do not know what the Philippines Consulate would supply to get her home, should be easy enough to find out.

[Harmonia 211]

Yes, she was "illegal". For 7 years, after her I-94 ran out. Maybe you are unaware, but 40% of the undocumented population arrived legally on some type of visa and never left. Your wife has been deportable for 7 years. 

 

I don't understand how you faced financial challenges, yet it never occurred to you to AOS so that your wife could work. She's been here 7 years and wants to return because she literally has no support system and has been stuck in a house, unable to drive, unable to work, unable to attend school, and completely dependent for income and survival on you, someone who kept promising to AOS and never did it. 

 

 

Edited January 13, 2017 by Harmonia