K1 Filipina abandoned in U.S. Any advice welcomed!

[William Savage 0]

My wife's cousin from the Philippines finally made it to the U.S. 4 weeks ago on her K1 visa with her son (biological son of the petitioner) and is in quite a dilemma. Long story short, the U.S. petitioner has run away. He left his cell phone and belongings and drove off in the night, no one knows where he is or how to contact him. He has been gone over 3 weeks now. The Filipina and child are living with his parents but what will happen next is anyone's guess. We have a strong feeling that he will not return before the 90 days is up and have been wondering what's the best advice we can give to her if that occurs. The in laws have said that they don't have the money to send her back home if he doesn't marry her. I assume at some point the government will come looking for her if she were to try and stay past the deadline.

My advice to her already has been to not go TNT and try to dodge the government, but instead contact the embassy here and let them know the situation (once it's close to the 90 day mark) so that she won't have any bad marks against her should she ever find another U.S. petitioner in the future.

I would like to hear some comments on:

1. What will happen if the petitioner doesn't come back and she tries to stay here. Also what consequences could the in-laws face by allowing her to live there.

2. What are her options for returning home. Will the US government pay her way back (and who would pay for the child who holds a US passport)? Can she get some kind of aid from the PI consulate here?

Thanks in advance for any advice. She faces a very sad situation and we are trying to support her emotionally as best we can.

[sjr09 155]

My wife's cousin from the Philippines finally made it to the U.S. 4 weeks ago on her K1 visa with her son (biological son of the petitioner) and is in quite a dilemma. Long story short, the U.S. petitioner has run away. He left his cell phone and belongings and drove off in the night, no one knows where he is or how to contact him. He has been gone over 3 weeks now. The Filipina and child are living with his parents but what will happen next is anyone's guess. We have a strong feeling that he will not return before the 90 days is up and have been wondering what's the best advice we can give to her if that occurs. The in laws have said that they don't have the money to send her back home if he doesn't marry her. I assume at some point the government will come looking for her if she were to try and stay past the deadline.

My advice to her already has been to not go TNT and try to dodge the government, but instead contact the embassy here and let them know the situation (once it's close to the 90 day mark) so that she won't have any bad marks against her should she ever find another U.S. petitioner in the future.

I would like to hear some comments on:

1. What will happen if the petitioner doesn't come back and she tries to stay here. Also what consequences could the in-laws face by allowing her to live there.

2. What are her options for returning home. Will the US government pay her way back (and who would pay for the child who holds a US passport)? Can she get some kind of aid from the PI consulate here?

Thanks in advance for any advice. She faces a very sad situation and we are trying to support her emotionally as best we can.

I can tell you this if she stays or gos back to the PI she can get child support from the father if he is working or file a tax return, but if he's in the "wind" it's going to be tuff. I feel bad for her and the child.

[jundp 191]

Unfortunately if the petitioner has bailed on her, she can't do anything to stay here, legally. I suppose technically her son could, since he's a USC, but I am sure she wouldn't want to leave her child behind!

It is kind for the parents to be helping her out, but understandable they can't afford to send her back. No one knows where the fiance is? Is this a case of him running away or of foul play?

She could contact USCIS and let them know the situation, but she will unfortunately have to return home if the petitioner doesn't return and marry her. I am sorry for her situation

[Ed+Cindy 1]

My wife's cousin from the Philippines finally made it to the U.S. 4 weeks ago on her K1 visa with her son (biological son of the petitioner) and is in quite a dilemma. Long story short, the U.S. petitioner has run away. He left his cell phone and belongings and drove off in the night, no one knows where he is or how to contact him. He has been gone over 3 weeks now. The Filipina and child are living with his parents but what will happen next is anyone's guess. We have a strong feeling that he will not return before the 90 days is up and have been wondering what's the best advice we can give to her if that occurs. The in laws have said that they don't have the money to send her back home if he doesn't marry her. I assume at some point the government will come looking for her if she were to try and stay past the deadline.

My advice to her already has been to not go TNT and try to dodge the government, but instead contact the embassy here and let them know the situation (once it's close to the 90 day mark) so that she won't have any bad marks against her should she ever find another U.S. petitioner in the future.

I would like to hear some comments on:

1. What will happen if the petitioner doesn't come back and she tries to stay here. Also what consequences could the in-laws face by allowing her to live there.

2. What are her options for returning home. Will the US government pay her way back (and who would pay for the child who holds a US passport)? Can she get some kind of aid from the PI consulate here?

Thanks in advance for any advice. She faces a very sad situation and we are trying to support her emotionally as best we can.

She would need to leave the US at the end of the 90 days, if she is not married and filing for AOS.

Unfortunately it sounds like the USC petitioner changed his mind and is dodging the situation, but that's just my guess.

K-1 and other family based immigration rights in the US are provided as a courtesy to the USC, so that he/she can live in the US with their family, regardless of what country their family is from. Family based immigration rights are NOT provided as a courtesy to a foreigner. Make sure you understand that. US law allows AMERICAN CITIZENS the right to marry anyone they want. To provide for this right, USC are allowed to sponsor a spouse as an immigrant to the US.

She needs to pay for her way out of the US before the 90 days are up.

[William Savage 0]

It is kind for the parents to be helping her out, but understandable they can't afford to send her back. No one knows where the fiance is? Is this a case of him running away or of foul play?

No there isn't any foul play. It's just a case of him running away from his life. He had been having a LOT of issues. In hindsight it's clear he didn't want her here. His parents actually paid to fly her and the boy here just a few days before the 6 month expiration of her visa...

[Chica Yeyé 41]

Yup, if she does not marry the petitioner in 90 days, she has to leave the country. No other options -- sorry

[Ed+Cindy 1]

It is kind for the parents to be helping her out, but understandable they can't afford to send her back. No one knows where the fiance is? Is this a case of him running away or of foul play?

No there isn't any foul play. It's just a case of him running away from his life. He had been having a LOT of issues. In hindsight it's clear he didn't want her here. His parents actually paid to fly her and the boy here just a few days before the 6 month expiration of her visa...

Sounds like the parents made a mistake and/or didn't understand the K-1 visa requirements.

It sounds like the USC changed his mind and that's why he didn't fly this fiance here, but the parents went ahead and did it. The USC is probably gone for the 90 days.

It is both the parents and the Filipina's fault for coming here when it was obvious the USC was no longer interested in marraige.

I feel badly for the foreigner being let down, but she should have known better than to fly here.

IMO, this seems like a case where the foreigner is going to choose to stay here illegally. Doing that continues to make it harder for legal Filipinas to immigrate here.

[Chica Yeyé 41]

Agreed. She should have stayed back home if that was the case.

[NArocks 13]

And if she stays she will not be able to adjust her status with ANYONE besides the original petioner. She and even the parents should have thought about this before placing her in this situation. And find the guy and string him up by the ba!!s

Edited July 6, 2009 by NArocks

[Chica Yeyé 41]

And if she stays she will not be able to adjust her status with ANYONE besides the original petioner. She and even the parents should have thought about this before placing her in this situation. And find the guy and string him up by the ba!!s

Why? If the dude doesn't want to marry her, you can't force him. It is not fair, but she has no recourse, sadly.

[Ed+Cindy 1]

And if she stays she will not be able to adjust her status with ANYONE besides the original petioner. She and even the parents should have thought about this before placing her in this situation. And find the guy and string him up by the ba!!s

Why? If the dude doesn't want to marry her, you can't force him. It is not fair, but she has no recourse, sadly.

The man did right by not flying her to the US. Its not his fault.

An engagement is not a contract - Marriage is the contract.

Blame the parents and the girl.

I get tired of seeing these types of posts about people not leaving the US.

Child support is another issue.

Edited July 6, 2009 by Ed+Cindy

[NArocks 13]

And if she stays she will not be able to adjust her status with ANYONE besides the original petioner. She and even the parents should have thought about this before placing her in this situation. And find the guy and string him up by the ba!!s

Why? If the dude doesn't want to marry her, you can't force him. It is not fair, but she has no recourse, sadly.

I would still hang him cause he made a kid and is not supporting it.....

[Chica Yeyé 41]

And if she stays she will not be able to adjust her status with ANYONE besides the original petioner. She and even the parents should have thought about this before placing her in this situation. And find the guy and string him up by the ba!!s

Why? If the dude doesn't want to marry her, you can't force him. It is not fair, but she has no recourse, sadly.

I would still hang him cause he made a kid and is not supporting it.....

oh yes, I forgot about the kid

[Ovi 0]

I am sorry about what happened but let's be realistic here; if the parents flew her here and took the responsibility over her they should take charge and return her home until things can be rectified legally. I mean I do not know an American that does not have any plastic or friends that would help them own up to this. It is just a matter of responsibility. Tickets are under $1,500.

We have laws and regulations in this awesome country for a reason and I do believe that we must honor those in order to preserve our way of living. I think that the parents should help her return home, that way when the citizen comes back to his senses he will be able to do the paperwork all over again and stay legal.

[sjr09 155]

And if she stays she will not be able to adjust her status with ANYONE besides the original petioner. She and even the parents should have thought about this before placing her in this situation. And find the guy and string him up by the ba!!s

Why? If the dude doesn't want to marry her, you can't force him. It is not fair, but she has no recourse, sadly.

The man did right by not flying her to the US. Its not his fault.

An engagement is not a contract - Marriage is the contract.

Blame the parents and the girl.

I get tired of seeing these types of posts about people not leaving the US.

Child support is another issue.

Your post is kinda cold! I dont see anything in the OP that really talks about doing something illegal or staying past the 90 days I don't see any value or help in your rear-minded post.

Edited July 6, 2009 by sjr09