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Filed: AOS (apr) Country: Philippines
Timeline

I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS?

Please point me to a thread of the same question, if any.

Thanks!


This is NOT the official timeline for Lifting of Conditions processing, use as reference only:

06.22.09-received both son's & wife's 10-year GC.

06.05.09-I-751 APPROVED

02.26.09-passport stamped temporary GC.

01.12.09-son's biometrics taken, after 12 months.

12.18.08-still no word from VSC

12.17.08-extended expiration date of conditional status

01.12.08-wife's biometrics taken, waiting for son's appt.

12.19.07-received NOA and EAC#

12.17.07-check cleared my account, cashed on 12.13.07

12.04.07-submitted Form I-751

01.26.06-day 150 (432): son's case approved... no interview. GC rec'd 02/11/06

12.29.05-day 121 (403): wife's case approved... no interview. GC rec'd 01/09/06

11.29.05-day 091 (373): wife's AOS & EAD biometrics done.

11.02.05-day 064 (346): EAD approved, card rec'd 12/05/05

10.15.05-day 046 (328): son's AOS biometrics done

09.09.05-day 010 (292): NOA's received

09.06.05-day 007 (289): AOS & EAD papers received by MSC

08.30.05-day 001 (282): filed AOS/EAD papers

07.12.05-day 233: "JUST MARRIED!"

see my timeline for K1 processing...

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I've seen a few topics like this - check the "Effects of Major Family Changes" forum. I think that's where I see them.

From what I know, while the USC doesn't file the I-485, the USC does file the I-864 Affidavit of Support. If the USC withdraws that, the I-485 will fail, so you need the USC support to adjust status.


------- ROC ---------------

06.29.2011 Mailed I-751

09.22.2011 RFE

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I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

Without a valid marriage the USC who petitioned her and the USC signing the I-864(needed for AOS), your friend cannot adjust status. She would have to divorce and leave the country.

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

She would not necessarily be deported, but she would need to leave the country to on incur a ban for too much unauthorized presence.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS? NO, this is not possible w/ K-1 visa. if you divorce before AOS, no GC, no chance to AOS w/ anyone else but the petitioning USC.

Please point me to a thread of the same question, if any.

Thanks!


funny-dog-pictures-wtf.jpg

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From AOS to Effects.

____________


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: AOS (apr) Country: Philippines
Timeline
I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

Without a valid marriage the USC who petitioned her and the USC signing the I-864(needed for AOS), your friend cannot adjust status. She would have to divorce and leave the country.

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

She would not necessarily be deported, but she would need to leave the country to on incur a ban for too much unauthorized presence.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS? NO, this is not possible w/ K-1 visa. if you divorce before AOS, no GC, no chance to AOS w/ anyone else but the petitioning USC.

Please point me to a thread of the same question, if any.

Thanks!

My advice to her was to get divorced and leave the country so that she'll have a "good record" with the USCIS. She gets to see her daughter (3 or 4 y.o.) and try to immigrate to some other countries - UK, Canada, Dubai, etc - and then try US again after a few years... If she overstays and hide, she won't be able to physically see her daughter for a long time. But then again, it's a sacrifice both of them faces for the betterment of their future. She'll have to work hard on making her daughter understand their circumstances. I still think though that she should NOT go into hiding after divorce.

I'm going to look for other posts related to this. Thank you!


This is NOT the official timeline for Lifting of Conditions processing, use as reference only:

06.22.09-received both son's & wife's 10-year GC.

06.05.09-I-751 APPROVED

02.26.09-passport stamped temporary GC.

01.12.09-son's biometrics taken, after 12 months.

12.18.08-still no word from VSC

12.17.08-extended expiration date of conditional status

01.12.08-wife's biometrics taken, waiting for son's appt.

12.19.07-received NOA and EAC#

12.17.07-check cleared my account, cashed on 12.13.07

12.04.07-submitted Form I-751

01.26.06-day 150 (432): son's case approved... no interview. GC rec'd 02/11/06

12.29.05-day 121 (403): wife's case approved... no interview. GC rec'd 01/09/06

11.29.05-day 091 (373): wife's AOS & EAD biometrics done.

11.02.05-day 064 (346): EAD approved, card rec'd 12/05/05

10.15.05-day 046 (328): son's AOS biometrics done

09.09.05-day 010 (292): NOA's received

09.06.05-day 007 (289): AOS & EAD papers received by MSC

08.30.05-day 001 (282): filed AOS/EAD papers

07.12.05-day 233: "JUST MARRIED!"

see my timeline for K1 processing...

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Filed: AOS (apr) Country: Philippines
Timeline
wish your friend the best.

Thanks KKHoliday!


This is NOT the official timeline for Lifting of Conditions processing, use as reference only:

06.22.09-received both son's & wife's 10-year GC.

06.05.09-I-751 APPROVED

02.26.09-passport stamped temporary GC.

01.12.09-son's biometrics taken, after 12 months.

12.18.08-still no word from VSC

12.17.08-extended expiration date of conditional status

01.12.08-wife's biometrics taken, waiting for son's appt.

12.19.07-received NOA and EAC#

12.17.07-check cleared my account, cashed on 12.13.07

12.04.07-submitted Form I-751

01.26.06-day 150 (432): son's case approved... no interview. GC rec'd 02/11/06

12.29.05-day 121 (403): wife's case approved... no interview. GC rec'd 01/09/06

11.29.05-day 091 (373): wife's AOS & EAD biometrics done.

11.02.05-day 064 (346): EAD approved, card rec'd 12/05/05

10.15.05-day 046 (328): son's AOS biometrics done

09.09.05-day 010 (292): NOA's received

09.06.05-day 007 (289): AOS & EAD papers received by MSC

08.30.05-day 001 (282): filed AOS/EAD papers

07.12.05-day 233: "JUST MARRIED!"

see my timeline for K1 processing...

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I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS?

Please point me to a thread of the same question, if any.

Thanks!

When did your friend arrive? verify the length of time she is out of status...


K1 Process:

May 1, 2008 Submitted I-129F to CSC

May 8, 2008 Received by CSC

May 9, 2008 NOA1

May 18, 2008 Touched

October 9, 2008 RFE

October 28, 2008 RFE Reply

October 29, 2008 Touched

October 30, 2008 Touched

November 1, 2008 NOA2 (HardCopy)

November 11, 2008 Letter from NVC (Hardcopy)

November 14 & 17, 2008 Medical (Passed)

November 26, 2008 Interview (Passed)

December 5, 2008 Visa Received

December 23, 2008 US Entry (POE: Hawaii)

February 7, 2009 Private Wedding

AOS Process:

March 9, 2009 Mailed AOS Application via Express Mail (I-485, I-765, I-131)

March 10, 2009 USPS confirmed that AOS application was delivered and received in Chicago

March 18, 2009 Received NOA for AOS, EAD and AP

April 8, 2009 Biometrics Done

April 27, 2009 AP Approved

May 1, 2009 AP received in the mail

May 2, 2009 EAD card received in the mail

May 29, 2009 AOS interview (Approved)

June 29, 2009 GC received

ROC Process

March 1, 2011 Mailed I-175 Application via Express Mail

March 4 ,2011 NOA for I-175

April 05,2011 Biometrics [Early Biometrics March 22, 2011]

April 21,2011 Approval

April 27,2011 10 Year Green Card Received

Naturalization Process

March 6, 2012 Mailed N-400 Application via Express Mail

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Filed: Timeline

Need more facts to be able to suggest if there is any relief available for her in her current status. Typically, a K-1 entrant must adjust status with the petitioner and be in a viable marriage at the time of adjudication of the application. However, in some limited circumstances, if the alien is being abused (mental and or physical) and has therefore reason to believe the petitioner will not cooperate, there is a form of relief available under VAWA.

I have a friend who came here on a K1 visa. They got married but now they can't seem to agree on anything. Now the USC is not going to file AOS. When I did it, I filed the AOS for my wife and I'm the USC. The instructions don't say that USC must be the filer. I'm wondering if she can file herself based on marriage to USC via K1. Even if she gets the temporary green card, she'll have problems with lifting the conditions right?

I told her to just divorce the guy and start over... she will probably be deported because USC will probably report the divorce.

Has anyone gone through this, divorce before AOS? What happened with the person, AOS, and I-751? Did you get your GC even though you were divorced before AOS?

Please point me to a thread of the same question, if any.

Thanks!


"diaddie mermaid"

You can 'catch' me on here and on FBI.

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Filed: Timeline

She came here on a K1, meaning she cant adjust her statues with anyone EXCEPT the person who filed her K1.

Im going through the same situation, except im the usc and i was dooped! Luckily, i found out she was a fraud before she got any type of GC, ive withdrawan my I864, and filed for annulment. and hopefully i wont be responsible for her. VAWA is hard to prove, USCIS needs police/medical records prving abuse.

Ur friend should move on berfore it's too late.

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Filed: AOS (apr) Country: Philippines
Timeline

NO ABUSE as far as I know... They married within 90 days - here less than a year - maybe 7 months. They just can't agree.

I told her to do her best to adjust to the living conditions here and both of them should adjust to each other, otherwise, just leave and start over somewhere else.

Thanks guys...


This is NOT the official timeline for Lifting of Conditions processing, use as reference only:

06.22.09-received both son's & wife's 10-year GC.

06.05.09-I-751 APPROVED

02.26.09-passport stamped temporary GC.

01.12.09-son's biometrics taken, after 12 months.

12.18.08-still no word from VSC

12.17.08-extended expiration date of conditional status

01.12.08-wife's biometrics taken, waiting for son's appt.

12.19.07-received NOA and EAC#

12.17.07-check cleared my account, cashed on 12.13.07

12.04.07-submitted Form I-751

01.26.06-day 150 (432): son's case approved... no interview. GC rec'd 02/11/06

12.29.05-day 121 (403): wife's case approved... no interview. GC rec'd 01/09/06

11.29.05-day 091 (373): wife's AOS & EAD biometrics done.

11.02.05-day 064 (346): EAD approved, card rec'd 12/05/05

10.15.05-day 046 (328): son's AOS biometrics done

09.09.05-day 010 (292): NOA's received

09.06.05-day 007 (289): AOS & EAD papers received by MSC

08.30.05-day 001 (282): filed AOS/EAD papers

07.12.05-day 233: "JUST MARRIED!"

see my timeline for K1 processing...

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