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William Savage

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

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Filed: K-1 Visa Country: Philippines
Timeline

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.

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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.


'PAU' both wife and daughter in the U.S. 08/25/2009

Daughter's' CRBA Manila Embassy 08/07/2008 dual citizenship

http://crbausembassy....wordpress.com/

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Filed: Country: Germany
Timeline

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 (F)


____________________________________

Done with USCIS until 12/28/2020!

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"What difference does it make to the dead, the orphans, and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty and democracy?" ~Gandhi

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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.


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

06.29.2011 Mailed I-751

09.22.2011 RFE

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Filed: K-1 Visa Country: Philippines
Timeline
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...

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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.


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

06.29.2011 Mailed I-751

09.22.2011 RFE

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Filed: Citizen (pnd) Country: Colombia
Timeline

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 by NArocks

Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Timeline
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.

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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 by Ed+Cindy

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

06.29.2011 Mailed I-751

09.22.2011 RFE

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Filed: Citizen (pnd) Country: Colombia
Timeline

:blush:

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.

:o

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


Why is it that the only one who can stop the crying is the one who started it in the first place?



More Complete Story here
My Saga includes 2 step sons
USC Married 4/2007 Colombian on overstay since 2001 of B1/B2 visa
Applied 5/2007 Approved GC in Hand 10/2007
I-751 mailed 6/30/09 aapproved 11/7/09 The BOYS I-751 Mailed 12/29/09 3/23/10 Email approval for 17 CR 3/27/10
4/14/10 Email approval for 13 yr Old CR 4/23/10

Oldest son now 21 I-130 filed by LPR dad ( as per NVC CSPA is applying here )
I-130 approved 2/24
Priority date 12/6/2007
4/6/2010 letter from NVC arrives to son dated 3/4/2010
5/4/10 received AOS and DS3032 via email
9/22/10 Interview BOG Passed
10/3/10 POE JFK all went well
11/11/10 GC Received smile.png


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Filed: Timeline
:blush:
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.

:o

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

oh yes, I forgot about the kid :blush:

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Filed: K-1 Visa Country: Romania
Timeline

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.


Timeline:

K-1 Visa

04/09/09 : I-129F Sent to Vermont

04/10/09 : I-129F Received by USCIS

04/14/09 : NOA1

08/19/09 : NOA2

08/24/09 : NVC Received

08/25/09 : NVC Left

08/27/09 : Consulate received

08/28/09 : Packet 3

08/31/09 : Packet 3 sent

09/16/09 : Interview - Approved

09/21/09 : Trip to Dallas

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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 by sjr09

'PAU' both wife and daughter in the U.S. 08/25/2009

Daughter's' CRBA Manila Embassy 08/07/2008 dual citizenship

http://crbausembassy....wordpress.com/

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