Jump to content

11 posts in this topic

Recommended Posts

Filed: AOS (pnd) Country: Philippines
Timeline

Hi, I have a quick question. My wife now entered the US legally through K-1 Visa. She divorced her husband because he cheated on her and decided not to show up on their interview schedule for AOS. It's been more than 2 years now and she's not sure of what her status is. She has not been a public charge because I've been supporting her. Can I sponsor her and have her status adjusted? Can she apply for this waiver form? What can we do? I do not want to risk of sending her back home unless we know what's gonna happen because she may be barred from entering the US.

Share this post


Link to post
Share on other sites

Hi, I have a quick question. My wife now entered the US legally through K-1 Visa. She divorced her husband because he cheated on her and decided not to show up on their interview schedule for AOS. It's been more than 2 years now and she's not sure of what her status is. She has not been a public charge because I've been supporting her. Can I sponsor her and have her status adjusted? Can she apply for this waiver form? What can we do? I do not want to risk of sending her back home unless we know what's gonna happen because she may be barred from entering the US.

Status, she has none. She has overstayed her 194, and she did not AOS.

No, you can not sponsor her for AOS, but you can file for a CR1, which she will have to interview for back in the Phil.

Yes, she will have a 10 year ban, and will require a waiver.

Are you'll willing to have her be illegally for the rest of her life, so you'll must start somewhere. There is no way around this, good luck on your journey.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

Status, she has none. She has overstayed her 194, and she did not AOS.

No, you can not sponsor her for AOS, but you can file for a CR1, which she will have to interview for back in the Phil.

Yes, she will have a 10 year ban, and will require a waiver.

Are you'll willing to have her be illegally for the rest of her life, so you'll must start somewhere. There is no way around this, good luck on your journey.

:thumbs: :thumbs: :thumbs:


* K1 Journey

2009-12-09 -met online

2009-23-09 -became a couple(was so happy:)

2010-21-03 -visited Philippines(spent wonderful times together)

2010=27-03 -engaged(Yes!!)

2010-09-04 -went back to US :(

2010-29-04 -Filed I-29F

2010-04-05 -Received NOA1

2010-12-07 -NOA2 approved

2010-18-07 -Received NOA2 hardcopy

2010-26-07 -US Embassy(Manila) received our petition!!..(yahoo!!)

2010-04-08 -HAPPY BDAY MATT!!

2010-18-08 -Medical Exam-PASSED!!..God is so good!!

2010-26-08 -Interview @ USEmbassy- APPROVED( Thank you Lord!)

2010-03-09 -Got my Visa in Hand!!..Yepey..Thank God!!..

2010-17-09 -POE:SFO,CA

2010-23-10 -Wedding @ Springfield, MO

* AOS Journey

2010-07-12 -Filed for AOS & EAD(USPS Express Mail)

2010-08-12 -USCIS received the package

2010-14-12 -Received text & email from USCIS that they accepted our AOS & EAD Application..HAPPY BDAY MARIA!!

2010-20-12 -Got our NOA1 letters in the mail for our I-485 & I-765...A wonderful Christmas gift for us!!

2011-19-01 -Received Biometrics schedule!!

2011-07-02 -Biometrics done!!..thanked God!!

2011-17-03 -AOS Interview..APPROVED!!

2011-24-03 -GREENCARD received!!..it's green indeed!!..lol..

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Philippines
Timeline

Status, she has none. She has overstayed her 194, and she did not AOS.

No, you can not sponsor her for AOS, but you can file for a CR1, which she will have to interview for back in the Phil.

Yes, she will have a 10 year ban, and will require a waiver.

Are you'll willing to have her be illegally for the rest of her life, so you'll must start somewhere. There is no way around this, good luck on your journey.

thank you for the response. That sucks. So if she decided to stay with her previous marriage just to be able to adjust her status, it would have been fine? That's just so screwed up. She didn't know what to do, all she knew was if she stayed in the marriage after finding out her ex-husband cheated on her so she can adjust her status, is a fraud.

Edited by nerabelleza

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Philippines
Timeline

I don't mean to keep her illegally for the rest of her life but if she goes back to her country to do the right thing, she will be barred because she did the right thing of not using her ex-husband for AOS? The chances of her granted for readmission is thin.

Share this post


Link to post
Share on other sites

thank you for the response. That sucks. So if she decided to stay with her previous marriage just to be able to adjust her status, it would have been fine? That's just so screwed up. She didn't know what to do, all she knew was if she stayed in the marriage after finding out her ex-husband cheated on her so she can adjust her status, is a fraud.

She had the choicee to go back home to all that was familiar and start over again. Be it that she found another USC to love, then she could have started the whole process over again. What she did was her choices.

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Philippines
Timeline

She had the choicee to go back home to all that was familiar and start over again. Be it that she found another USC to love, then she could have started the whole process over again. What she did was her choices.

She didn't go back because her ex husband at that time told her she will have hard time coming back. I guess that was wrong, but what does she knows.

Share this post


Link to post
Share on other sites

She didn't go back because her ex husband at that time told her she will have hard time coming back. I guess that was wrong, but what does she knows.

As I talked with my friends last night, they said to me one words" when you choose one thing , you may lose another." It really reminded me something.It just like what has been said " You can not have cake and eat it."

Sometimes, when you need to give up something to get what you want more. Life is full of choices. Sometimes you chose the right way , other times you don't . So that's why life is make up of success and failure. Life is challenging.

Look, looking back isn't going to solve this problem, but moving forward will. Good LUCk on whichever journey you'll take.

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Philippines
Timeline

As I talked with my friends last night, they said to me one words" when you choose one thing , you may lose another." It really reminded me something.It just like what has been said " You can not have cake and eat it."

Sometimes, when you need to give up something to get what you want more. Life is full of choices. Sometimes you chose the right way , other times you don't . So that's why life is make up of success and failure. Life is challenging.

Look, looking back isn't going to solve this problem, but moving forward will. Good LUCk on whichever journey you'll take.

Thanks for the random thoughts not sure if it really applies. Thanks anyways.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Belarus
Timeline

Hi, I have a quick question. My wife now entered the US legally through K-1 Visa. She divorced her husband because he cheated on her and decided not to show up on their interview schedule for AOS. It's been more than 2 years now and she's not sure of what her status is. She has not been a public charge because I've been supporting her. Can I sponsor her and have her status adjusted? Can she apply for this waiver form? What can we do? I do not want to risk of sending her back home unless we know what's gonna happen because she may be barred from entering the US.

i would get an attorney consult on this before you make any decisions.

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

i would get an attorney consult on this before you make any decisions.

Agreed. You need to consult a qualified, experienced immigration attorney.

The K1 rules are pretty clear, the beneficiary can only adjust status with the K1 petitioner. See what an attorney can advise.

Edited by Anh map

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...