Confused about what to do

[huskeydog 0]

Well my story is not like so many others, but I hope I can find some help for me and my wife. My wife enter the usa with K1 Visa but the guy who brought her to the usa, did not marry her, wanted her to just stay here with him, he did not treat her very well. She had a sister that lived in usa, that had married someone here...., so her sister went and got her out of the sitituation she was in with the man that brought her to USA with K1. She did not know what to do , she did not have money to go back home to philippines, so she stay with her sister for a few months....i met her after she had been with her sister for a few months, we fell in love and got married. I did not know much about the laws...but begin to read a little at the ucis web site.

It said i could not file a i465 aos but to file i130.. my wife lives with me for the last 8 months, we filed i130 in april 2008. still waiting, our concern now with reading new rules, will she have to leave the country or can she stay here and be interviewed. if so do we need to file hardship waiver to keep her here with me? do i need to file the i465?

[spookyturtle 9,466]

Well my story is not like so many others, but I hope I can find some help for me and my wife. My wife enter the usa with K1 Visa but the guy who brought her to the usa, did not marry her, wanted her to just stay here with him, he did not treat her very well. She had a sister that lived in usa, that had married someone here...., so her sister went and got her out of the sitituation she was in with the man that brought her to USA with K1. She did not know what to do , she did not have money to go back home to philippines, so she stay with her sister for a few months....i met her after she had been with her sister for a few months, we fell in love and got married. I did not know much about the laws...but begin to read a little at the ucis web site.

It said i could not file a i465 aos but to file i130.. my wife lives with me for the last 8 months, we filed i130 in april 2008. still waiting, our concern now with reading new rules, will she have to leave the country or can she stay here and be interviewed. if so do we need to file hardship waiver to keep her here with me? do i need to file the i465?

She cannot adjust status in the US if she did not marry the man who petitioned for her visa. She has to leave the country. Her I-94 was valid for 90 days. If she stayed after the I-94 expired, she may be subject to a bar. If she overstayed less than six months, she is not barred and won't need a waiver but still must return home as she cannot adjust status while in the US. If she overstayed overstayed from 6 months but less than a year, she is barred for 3 years, if she overstayed for one year or more, she is barred for 10 years. A waiver is needed in either case. And a waiver is very difficult to get in the Phillipines, it is one of the most difficult places in the world to do so. She must leave the US and submit the waiver in the Phillipines and wait there until a decision is made. There is no way for her to adjust status without leaving the country, regardless of whether she needs the waiver or not.

Edited October 13, 2008 by spookyturtle

[payxibka 10,048]

Do a VJ google search.... This is the third "story" with the same facts & circumstances now in the last 10 days...

She cannot adjust her status here... She must go home first..

Edited October 13, 2008 by payxibka

[Eric-Pris 1,609]

Do a VJ google search.... This is the third "story" with the same facts & circumstances now in the last 10 days...

Could this be the guy that the woman in the last story met while living with her sister?

[john_and_marlene 162]

She cannot adjust status. She has been out of status long enough to incur a bar from reentry. She is not currently legal and is subject to deportation. To correct this problem, she will need to exit the U.S. and interview for the spousal visa based on your I-130 petition in her country of legal residence. The visa will initially be denied due to the overstay. You may be able to overcome the denial with a hardship waiver.

[Minya's wife 25]

Well my story is not like so many others, but I hope I can find some help for me and my wife. My wife enter the usa with K1 Visa but the guy who brought her to the usa, did not marry her, wanted her to just stay here with him, he did not treat her very well. She had a sister that lived in usa, that had married someone here...., so her sister went and got her out of the sitituation she was in with the man that brought her to USA with K1. She did not know what to do , she did not have money to go back home to philippines, so she stay with her sister for a few months....i met her after she had been with her sister for a few months, we fell in love and got married. I did not know much about the laws...but begin to read a little at the ucis web site.

It said i could not file a i465 aos but to file i130.. my wife lives with me for the last 8 months, we filed i130 in april 2008. still waiting, our concern now with reading new rules, will she have to leave the country or can she stay here and be interviewed. if so do we need to file hardship waiver to keep her here with me? do i need to file the i465?

Your wife cannot adjust status while here in the US, because she came on the K-1 visa and did not marry the man who petitioned her. You can file the I-130, have that approved but she must return to the PI, and interview for the visa again (this time to come here as your wife) before she is eligible to come back. However, the fact that your wife has now overstayed the initial 90 day allowance on her I-94(and did not marry the guy who petitioned her), there may be 'overstay' accrued because of her presence here in the US. If that is so, she may have a ban from coming back here, so then you file a hardship waiver. I am not aware of a possibility of filing a waiver "to keep her here". How long past the date on her I-94, has your wife been here...how many months past that date?

-P

[Shakil 4]

I would suggest that you consult with a good lawyer. The facts are too weary. If the guy abused your wife, the lawyer might be able to file an appeal. I also know that waiver of inadmissibility (I-601) does get filed in the US with USCIS because ultimately they are the ones to adjudicate that. Again, before taking any decision of sending your wife back (which can result in severe consequences), talk to an attorney.

[payxibka 10,048]

I would suggest that you consult with a good lawyer. The facts are too weary. If the guy abused your wife, the lawyer might be able to file an appeal. I also know that waiver of inadmissibility (I-601) does get filed in the US with USCIS because ultimately they are the ones to adjudicate that. Again, before taking any decision of sending your wife back (which can result in severe consequences), talk to an attorney.

Consulatation with a good immigration attorney is good advice..

What possible appeal is available? If she had married her K-1 petitioner she would still have standing... but she did not.

Waiver of inadmissability? What for? She is here and already has been admitted... A waiver of inadmissability is only needed when she wants to be admitted again in the future after her departure....

The consequesnces of departure have been laid out... and they are severe... no ambiguity there......

Edited October 13, 2008 by payxibka

[spookyturtle 9,466]

I would suggest that you consult with a good lawyer. The facts are too weary. If the guy abused your wife, the lawyer might be able to file an appeal. I also know that waiver of inadmissibility (I-601) does get filed in the US with USCIS because ultimately they are the ones to adjudicate that. Again, before taking any decision of sending your wife back (which can result in severe consequences), talk to an attorney.

The waiver of imadmissability would not be filed in the US, it would be submitted at the appropriate consulate in the aliens home country. It is submitted to the DOS and it is adjudicated by the USCIS field office that serves the jurisdiction area. The decision is made abroad, not in the US.

[livelife 0]

It would be better if you consult an immigration lawyer,than telling your wife to go back right away to the Phil.because the rules are "case to case basis"..At least here ,the case can be filed in court if worst comes to worst and you can be defended by an immigration lawyer at the USCIS;in the Philippines,the US Embassy will not care if you have a lawyer or not..Let the immigration lawyer know that you already filed for the 1-130...

[Rocky_nBullwinkle 6]

Well my story is not like so many others, but I hope I can find some help for me and my wife. My wife enter the usa with K1 Visa but the guy who brought her to the usa, did not marry her, wanted her to just stay here with him, he did not treat her very well. She had a sister that lived in usa, that had married someone here...., so her sister went and got her out of the sitituation she was in with the man that brought her to USA with K1. She did not know what to do , she did not have money to go back home to philippines, so she stay with her sister for a few months....i met her after she had been with her sister for a few months, we fell in love and got married. I did not know much about the laws...but begin to read a little at the ucis web site.

It said i could not file a i465 aos but to file i130.. my wife lives with me for the last 8 months, we filed i130 in april 2008. still waiting, our concern now with reading new rules, will she have to leave the country or can she stay here and be interviewed. if so do we need to file hardship waiver to keep her here with me? do i need to file the i465?

Best bet, stay here and get a good lawyer. There are enough extenuating circumstances that you should get a waiver. Once you leave the US, then the clock starts again. Besides, since it often takes years to adjudicate these cases, time is on your side. Just stay out of trouble, and don't give them a reason to deport her. Of course, she can not leave the country without some form of advance parole.

[Eric-Pris 1,609]

Besides, since it often takes years to adjudicate these cases, time is on your side. Just stay out of trouble, and don't give them a reason to deport her. Of course, she can not leave the country without some form of advance parole.

They already have a reason.

[payxibka 10,048]

Best bet, stay here and get a good lawyer. There are enough extenuating circumstances that you should get a waiver. Once you leave the US, then the clock starts again. Besides, since it often takes years to adjudicate these cases, time is on your side. Just stay out of trouble, and don't give them a reason to deport her. Of course, she can not leave the country without some form of advance parole.

What kind of waiver? and what would be the extenuating circumstances?

[Rocky_nBullwinkle 6]

Besides, since it often takes years to adjudicate these cases, time is on your side. Just stay out of trouble, and don't give them a reason to deport her. Of course, she can not leave the country without some form of advance parole.

They already have a reason.

True. True. But then, that is no reason to call for any more attention than necessary. "Low profile" would be the lifestyle I would recommend.

[Rocky_nBullwinkle 6]

Best bet, stay here and get a good lawyer. There are enough extenuating circumstances that you should get a waiver. Once you leave the US, then the clock starts again. Besides, since it often takes years to adjudicate these cases, time is on your side. Just stay out of trouble, and don't give them a reason to deport her. Of course, she can not leave the country without some form of advance parole.

What kind of waiver? and what would be the extenuating circumstances?

My husband tells me of a Japanese gal, whose husband abused her. She ended up with a green card, a new house, and half his assets.