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Jocelyn Drakos

K-1 never change status, divorced & remarried

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I want to bring my Filipino wife to the USA. We met in USA after she got divorced from her first husband that brought her to the USA, he never filed a change of status for her so she never got a green card, she filed for a change of status based on Battered spouse but was denied, she still has an active USCIS case pending under her maiden name before the marriage to the first husband, she had work permits and a USA SS #, she bought a house in the USA and stayed there 7 years before getting remarried to me in USA and then we both moved to the Philippines in 2014, I now want to bring her back to the USA and have her legal status changed, will this be a problem?

 

Thank you

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How did she overstay since she met the requirement of being married within 90 days of arrival? The only thing that was not done was never applied for change of status, as far as I can tell based on research is that filing for a change of status is not a condition of the K1 visa. She still has an open case with USCIS and has never received a deportation notice, she had work permits after her divorce and even bought a house in her name alone based on the work permits, then USCIS refused to give her any more work permits so she ended up losing her home to foreclosure because she couldn't work, that's she moved back to the Philippines.

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The K-1 allows her 90 days in the US.  Getting married within 90 days is a requirement to file for AOS without having to file an I-130 petition.  Getting married does not extend her visa.  Regardless of the fact that she married within 90 days, she never filed for AOS so after her 90 days on the K1, she became a visa overstay.

 

How long did she stay in the US after her VAWA case was denied?

Edited by aaron2020

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What is a VAWA case? She arrived in 9/31/2007 and married 10/18/2007 and filed adjustment of status as "Battered Spouse" 12/21/2007 which was eventually denied 9/14/2012 after  trying to supply all the information they kept asking for. She was divorced 5/15/2008, She left the case as Open as they allowed for an appeal which she never did. We got married in the US on 12/2013. Thanks for your response... hoping for the best but expecting the worse.

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On 1/15/2017 at 2:03 AM, Jocelyn Drakos said:

What is a VAWA case? She arrived in 9/31/2007 and married 10/18/2007 and filed adjustment of status as "Battered Spouse" 12/21/2007 which was eventually denied 9/14/2012 after  trying to supply all the information they kept asking for. She was divorced 5/15/2008, She left the case as Open as they allowed for an appeal which she never did. We got married in the US on 12/2013. Thanks for your response... hoping for the best but expecting the worse.

A VAWA case is a battered spouse.  Since she overstayed more than 180 days, she has a 10 year ban that must be overcome.

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