How Did She Do This?!

[Darnell 8,478]

it may be that she wasn't asked anything at the POE, as well.

[~happyndinlove~ 540]

If she filed the big AOS package in conjunction with a VAWA petition after she escaped from the bad marriage (which is what she would have done if she was receiving even slightly competent advice from an immigration lawyer) she would have gotten an EAD straightaway. If her VAWA-AOS stuff is still being adjudicated, she should technically have been renewing her EAD each year to keep it valid (as she is totally entitled to do during adjudication of a VAWA-AOS application). If she hasn't been, though, it probably doesn't make too much difference:

If her VAWA-AOs is approved, they won't care that she's been working on an expired EAD. If it isn't, she'll be removable, and having worked on an invalid EAD won't make any difference at that point.

Well, as a matter of fact, she told me she went to work for an immigration attorney. She said she worked for minimum wage and a trade for legal help.

it may be that she wasn't asked anything at the POE, as well.

Maybe...

Edited June 26, 2011 by ~happyndinlove~

[HeatDeath 430]

it may be that she wasn't asked anything at the POE, as well.

Exactly. If she just got waved through customs, as happens fairly often, she did not directly misrepresent herself, so all she has had to say, if asked, was that she decided to marry the USC after she entered the US, and only a telepath could prove her wrong.

Deciding to marry a USC, entering on a tourist visa, marrying, and adjusting status is misuse of a tourist visa, and it is CBPs responsibility to catch that misuse, or at least force the entrant to misrepresent themselves in the process.

Entering on a tourist visa, deciding to marry a USC, marrying a USC, and adjusting status, on the other hand, is perfectly legal, even if slightly frowned upon.

As long as she did not directly misrepresent herself to the CBP officer, and claims to have decided to get married only after entering the US, the two situations look identical to everyone except God, and an AOS would almost certainly be approved with no problems. And that's in a normal situation. Her abuse and [presumptive] VAWA application makes it even more likely that minor irregularities in the early paperwork will be overlooked and/or forgiven.

Edited June 26, 2011 by HeatDeath

[sunshinearizona 21]

it is called [tnt]

[VanessaTony 3,567]

I'd say she's lying. If he was REALLY that controlling and abusive she wouldn't have had a chance to form a friendship with anyone. He would have wanted to make sure she wouldn't tell anyone about the abuse and leaving her home alone is risky, especially in an apartment with lots of people around.

The EAD is obviously a lie. While she COULD get an EAD through VAWA your post states she told you she only filed VAWA recently, therefore she would NOT have an EAD for the previous 3 years (only recently)... unless she's on a working visa but she's on a tourist visa they I doubt they'd grant EAD's.

They could have filed AOS ages ago but not continued with the process so she's working with an expired EAD but it's more likely that she's working illegally.

No.. there's lots of holes in her story. She is legal now though while she's waiting for her VAWA to be approved and that's how she got her EAD but the previous years are interesting. Why would she lie to you though unless she's attention seeking or something.

Edited June 27, 2011 by Vanessa&Tony

[one...two...tree 2,762]

When she married a USC, she became eligible to file AOS, regardless of how she entered the US.

When she was abused by her USC husband, she became eligible to self-file her AOS under the Violence Against Women Act (VAWA).

Once the VAWA application is approved, the status of the marriage to the USC abuser is no longer relevant.

Sounds like a pretty straight forward application of VAWA to me. This is exactly the sort of situation it was written for.

Well stated.

[Ban Hammer 12,836]

three posts removed for baiting and insults. play nice or i'll take away your toys.

Edited June 27, 2011 by charles!

[~happyndinlove~ 540]

NM

Edited June 27, 2011 by ~happyndinlove~

[Joan >3 Bob 20]

It sounds as if she never went to the CFO Seminar or she would have know ahead of time what to expect!!!!!!!!!!!

[~happyndinlove~ 540]

OK guys,

I have an update and another question.

She recently had her VAWA interview and she said it would take up to six months for a decision.

Does it really take six months for a decision?

Just curious...

(Hubby is starting a betting pool on which day she's gonna run)

Edited August 2, 2011 by ~happyndinlove~

[Ban Hammer 12,836]

three posts removed for baiting and insults. play nice or i'll take away your toys.

one post removed and one person ban hammered for failing to follow the above.

[Darnell 8,478]

OK guys,

I have an update and another question.

She recently had her VAWA interview and she said it would take up to six months for a decision.

Does it really take six months for a decision?

Just curious...

(Hubby is starting a betting pool on which day she's gonna run)

Yup, could take that long, for the rest of the stuff to get done (interviews, police reports, national name checks, court review, etc) as it's never instantaneous.

Vawa, huh? Alrighty ! (I had mentioned that sideways)

Perhaps is time to make new bullet list of facts?

[~happyndinlove~ 540]

Ok, here's the story she has told me.....

• She met her husband online
• He never came to visit her in the Philippines
• She came to America on a tourist visa in 2007 with the intention of marrying him
• They married right after she got here and found out about the guy's REAL name
• A few months later, she discovers he is a sex offender and drug dealer but stayed with him anyway
• They filed for AOS but the application was withdrawn by her husband bcoz he suspected she was having an affair
• She (literally) ran away from him in 2008 and ran to the current guy. (they are still together, btw)
• She filed for VAWA in 2009 (never filed for divorce)
• She currently had her VAWA interview and was told to wait 5-6 months for a decision

BTW....She began receiving cancer treatment in 2008...(when I told hubby ko about the cancer treatment...."well..there you have it, that's why she's here.")

Edited August 7, 2011 by ~happyndinlove~