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

[NutMagnet 2]

Like it or not, there is no reciprocity between the USA and Philippines that mandates the USC to pay child support to his illegitimate child in the Philippines.

Edited August 19, 2009 by NutMagnet

[johncel4life 1]

that's sad story:-( hope she will tell her situation to the immigration. I pray for her.

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.

[bbzhel 0]

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

If her son is a USC that will be her reason not to leave the US. My co worker's aunt and hubby are not citizens and has no papers. They came here as tourist and never came back to PI. Luckily she got pregnant and gave birth here in the US. The only reason they were able to stay here in the US is because of there USC daughter. I don't know the details but that is what i remember when she told me the story.

[NigeriaorBust 4,087]

anchor babies used to work for the mother but they would not keep a father from being deported.

[JimVaPhuong 4,863]

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

If her son is a USC that will be her reason not to leave the US. My co worker's aunt and hubby are not citizens and has no papers. They came here as tourist and never came back to PI. Luckily she got pregnant and gave birth here in the US. The only reason they were able to stay here in the US is because of there USC daughter. I don't know the details but that is what i remember when she told me the story.

She isn't telling you the truth. Having a child born in the US does not confer any immigration status to the parents. This is a common misconception, but it is more common among anti-immigration US citizens who refer to such children as "anchor babies". Most immigrants, legal or otherwise, know that having a child born on US soil will not give them any immigration privileges. The child, on the other hand, has the same rights as any other US citizen, and can sponsor his/her parents to immigrate once he/she is 21 years old.

There is a somewhat famous case of Elvira Arellano who sought sanctuary from ICE in a church in Chicago, claiming her US born child gave her the right to stay in the US. She managed to escape from the church, but was caught a year later trying to take sanctuary in a church in Los Angeles. She was arrested and deported.

Anyway, people like your co-worker's aunt and uncle are the reason it's so damned difficult for some of us to have our fiancee's visit the US on a tourist visa. If you ever meet these two people you should tell them to do the right thing and go home.