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mojorayjones

Adjustment of status and Divorce

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We have not applied for the Adjustment of Status, and she is pressuring me to file it.

She always talks about getting a job, and says she will not return to the Philippines no matter what.

Her family has even offered to pay for the filing fee.

I met her when I went on a vacation to the Philippines in 2008, and I had no intention to get engaged to anybody. I was traveling with my American friend and neighbor who is married to my wife's first cousin. She introduced us.

Today she came home and announced she is moving in with her cousin... I told her the AOS is definitely a no-go then. She got upset of course.

Wow...she said she won't return to the Philippines no matter what? That statement alone should have set off your scammer alarm.

I feel for you because you went to all the time, trouble and expense to get her a visa, bring her over here, and marry her, only to find out that she is interested only in a green card (or going TNT).

I hope you don't jeopardize your future by adjusting her status. It's time for you to divorce her and move on.

Just like women of any nationality, there are Filipinas out there who make wonderful wives. A good one will bring joy to your life. Unfortunately, you got a bad one. I wish you better luck next time around.

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Wow...she said she won't return to the Philippines no matter what? That statement alone should have set off your scammer alarm.

I feel for you because you went to all the time, trouble and expense to get her a visa, bring her over here, and marry her, only to find out that she is interested only in a green card (or going TNT).

I hope you don't jeopardize your future by adjusting her status. It's time for you to divorce her and move on.

Just like women of any nationality, there are Filipinas out there who make wonderful wives. A good one will bring joy to your life. Unfortunately, you got a bad one. I wish you better luck next time around.

Concur with this.

The way you met (via a neighbor who is married to her cousin), the money issue for the AOS, the moving in with cousins (not working on the marriage) -

Time to move on and divorce this one. I would not AOS.

Take precautions to protect yourself from VAWA (from what you posted - there is no case - however...)

Sorry to be hard hitting - but to many things are wrong in your scenario imo.

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: Scotland
Timeline

Well, moving in with her cousins give you the answer to that one.

I'm so sorry to see this happen, and I wish a much better future for you.

"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

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I married my wife in the end of December 2009, and the marriage is not turning out to be what either of us expected. We have talked about splitting up many times because it doesn't look like we will resolve our problems, but we do care about each other.

We have not applied for the Adjustment of Status, and she is pressuring me to file it. I have delayed filing because of our personal problems, but more so, because I haven't had enough money handy to pay the fee. Now that divorce looks like a likely reality, I'm not sure it is even practical to file it. She seems to think she will stay here and work and live with cousins and friends. She is from the Philippines but has three first cousins that live right here in the same town as us, who are married to Americans, and have lived here for years. She has a decent sized social network here that rivals my own. She always talks about getting a job, and says she will not return to the Philippines no matter what. I told her there are rules the government has about all that stuff.

She gets upset if I mention divorce, but she also admits that the marriage is not very stable. She is as unsatisfied with things as I am. She wants me to file for the AOS, but I'm hesitant because I told here if we divorce it would be worthless. Her family has even offered to pay for the filing fee.

I'm wondering if I should go ahead and file for her AOS, or just be realistic and move forward with a divorce. Furthermore, because we have waited, her K1 visa expired on March 1. But we were married on Dec. 22, 2009. She is worried she is in violation. I think she's OK, as long as she's married to me.

Thanks for your help in advance; my world has bee turned upside down lately and I need some advice if you have any experience in these matters.

It would be hard to imagine that she is having a hard time adjusting with the US life. As you have mentioned, the network of her friends can rival your own. Nothing against the filipina, just dont be forced into the AOS. You should file the AOS coz you want to. If you want to divorce her, go ahead.

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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