What happens if Fiance leaves the country that the K1 was filed in due to malicious actions of an employer?

[ZombieSS 0]

First the back story

My Fiance is a Filipina domestic helper working in Hong Kong and has been in Hong Kong over 10 years. We are now at the packet 3 stage and should be ready to submit it to the consulate for her interview by the end of next week if her employer will stop messing around with her preventing her from doing what she needs to do to fulfill the requirements. She is having her NBI clearance form sent from Manila by her Mother, which she'll then complete at the consulate and send back to Manila for processing and then her Mother will overnight it back to her. She also has to get Hong Kong Police clearance which she is trying to accomplish this Friday if she can sneak out of the house long enough to do it since they are only open during the weekdays.

My Fiances employer of the last 7 years has decided to start messing with our Visa application process. They are an Australian couple who is upset that they are losing their domestic helpers so now they are saying they will stop paying her at the end of this month and have hired two new helpers. Originally none of this was an issue and I've met them several times (even spent Xmas vacation with them in the Philippines with her) and discussed with them the process timeline and that we would work with them to help transition new helpers in after she gets her Visa approved. Her and her brother both work for the same family. None of this was an issue until he decided he was not going to renew his contract with them because he wanted more pay and to only be a driver, not a domestic helper so they think they are conspiring against them (she tried to get her brother to talk to him but he kept everything secret until a short while ago). Because of this they are now basically firing my Fiance. They told her after the new helpers start they can't afford to pay for 3 of them (on their $350K USD per year salaries) so she can stay and live there but she must work for free which she refuses to do. I'm trying to persuade her to just go along with it as long as needed so we can get her to her interview in Hong Kong which has yet to be scheduled because we need all the documents to submit her packet 3. I'm sending my documentation to her tomorrow after I double check it tonight, all 300+ pages worth neatly organized and labeled.

She asked them if they would continue to let her keep her Hong Kong visa active until she can get her K1 Visa to come to the USA and they said yes but neither of us trust them now. I have no problems supporting her if she moves out into a boarding house for a month or two if that's what it takes. The problem is we are worried they will officially terminate her work visa which means she has 2 weeks to leave Hong Kong and return to the Philippines. If this happens before her medical and interview what will happen to our petition? Will we have to start this process all over again in the Philippines? She said she can come back to HK on a tourist visa for a few days but the maximum they grant a Filipino is 2 weeks. I might be able to help by showing up with her and making Macau runs or staying in Macau with her until her interview date is due in Hong Kong.

Nothing has happened as of yet, but this is a very stressful situation for both of us because of what her employers are doing to her. Should I notify the US Consulate General in Hong Kong of our situation even though nothing has occurred yet to get instructions if her contract is terminated or just wait to see what happens and then contact them with an emergency concern if she is terminated?

I hope someone here has some good suggestions. At this moment we are just waiting to see what happens and for her to finish getting her NBI and Hong Kong police clearance so we can return Packet 3. Does anyone know how long it usually takes from the time packet 3 is sent to them and packet 4 is sent to her with her interview date and medical papers to get filled?

[Hank_ 9,174]

Hate when people get petty and vindictive.

Be prepared for the worse is all you can do. Worse being your fiancee moving back to the Phils and having the embassy transfer her packet to the embassy in Manila. Hopefully that won't become a reality. It would be nice if they didn't mess with your Fiancee anymore and she stayed focused on the goal.

[ZombieSS 0]

Hate when people get petty and vindictive.

Be prepared for the worse is all you can do. Worse being your fiancee moving back to the Phils and having the embassy transfer her packet to the embassy in Manila. Hopefully that won't become a reality. It would be nice if they didn't mess with your Fiancee anymore and she stayed focused on the goal.

I know, I hate it too but I'm powerless right now. She's raised their 3 kids, one of them with special needs for the last 7 years and this is how they are repaying her. She earns about $800 USD a month working 6 days a week, 12-14 hours per day taking care of the children, doing house work and cooking. She's been content with that too and enjoys her job, but we ended up falling in love and that changed both our goals in life. Neither of us was looking for anything serious and it just sort of happened. I'm actually her first real boyfriend and she was 37 when we met, I was 33.

I'm going to write an email to her today and ask her to swallow her pride and do what needs to be done in order for this to happen. She's so damn stubborn and wants to leave the house and not train the new helpers if they stop paying her. I have to get her to realize that even if they don't pay her for one or even two months, it gets us to our goal of us being together faster so she needs to give up her spitefulness for this to work out for the best. I sent her money last night to help with all the shipping back and forth of the paper work and the money that has to be paid to the embassy before the interview (I didn't know you had to pay for an interview at the consulate, but that's what her packet says). This is the first time she actually accepted money from me without an argument, normally she flat out refuses any financial help from me. I think the stress is just wearing her down. After she gets here I'm going to try and pay her/my new mother back (I love her she's a great Mom, wish mine would have been like her) for her help with the NBI clearance.

Not once has she or anyone in her family ever asked me for money or to pay for anything or even implied anything was expected. She also hasn't sent money home to her family in several years now since everyone is grown and on their own so she only has herself to take care of. I found a real winner, but a stubborn one sometimes.

Edited March 7, 2012 by ZombieSS

[hnubno 9]

Even if she swallows her pride and stays and works for free, if the employer won't renew her work visa then she won't be able to even interview when the time comes. Correct me if I'm wrong. You guys can transfer it but Is hong kong US embassy easier then philipines? Also I think you guys should prepare for the worst.

Also off topic of immigration, if I were her I could not swallow my pride and work for free for a family that is being that way towards me. It's much easier to ask the other person to do it because it's not you who has too. Plus I wouldn't be able to trust them renewing my work visa.

Good luck to guys tho

Edited March 8, 2012 by hnubno

[ZombieSS 0]

Even if she swallows her pride and stays and works for free, if the employer won't renew her work visa then she won't be able to even interview when the time comes. Correct me if I'm wrong. You guys can transfer it but Is hong kong US embassy easier then philipines? Also I think you guys should prepare for the worst.

Also off topic of immigration, if I were her I could not swallow my pride and work for free for a family that is being that way towards me. It's much easier to ask the other person to do it because it's not you who has too. Plus I wouldn't be able to trust them renewing my work visa.

Good luck to guys tho

Her work visa is good until sometime next year so that's not an issue. The problem is a work visa is tied to a specific employer and once it's terminated the worker usually has to return to the Philippines but I think it might be possible to find another employer during those two weeks. I'm not 100% sure on the rules for Philippine domestic helpers.

Before her brother dropped the bomb on them with him leaving, they were treated quite well. They way he decided to handle not renewing his contract with them and finding other work is what caused this entire situation. She was unable to persuade him to handle it otherwise so now she must suffer. Right now we need to see what will really happen when the time comes. We have been very open with them about our relationship and what is happening and how we would work out a schedule with them when it was time for her to leave. When I visited Hong Kong they often let her off work early to come see me on days she would not normally have off. They also let her take three vacations with me last year. I'm really hoping this is all just over reaction or some game they are playing because of her brother.

Since there is little I can do, I'm just going to try and give her the support she needs and see what happens.

[Darnell 8,479]

Yah, I think the brother has burnt the pie there, alas.

IF yer lass can renegotiate with her employers to stay on for no pay, until she leaves HKG with a K-1 visa in hand - that, IMO, will be best.

[ZombieSS 0]

Yah, I think the brother has burnt the pie there, alas.

IF yer lass can renegotiate with her employers to stay on for no pay, until she leaves HKG with a K-1 visa in hand - that, IMO, will be best.

I completely agree and if that's what it takes, I can send her money if she can tolerate it. I wrote her an email so I'll see what she says. Just another waiting game like this entire process. I have a feeling her employers will come around and relax, she is a very key person to that household operating. It would literally turn to chaos without her because she takes care of the kids, especially the one with special needs who will not adjust to change easily.

If it comes down to it I'll talk with her employers and negotiate, even if it means I have to fly to Hong Kong myself (my company might send me there next month). As far as I know they harbor no ill will towards me. I spent Christmas with them and their children in the Philippines and we did several thins together including all of our travel. They came to her Mothers house and we all had Christmas dinner there. Several of her brothers, sisters and even her sister in law have worked for this Australian couple so they have pretty close ties to the family, but she has been there the longest. I think there is some bargaining to be had if we have to.

[ZombieSS 0]

Good news, she made it to the police station, got the form filed. Went to the Phil consulate to get NBI form, but they said they don't accept the Philippine form and she has to get it down there on Sunday and it takes 3-4 weeks, just like the police cert. She was also able to pickup my money I sent her.

We are finally making progress.

Once she has both of those done this Sunday can she submit the rest of packet 3? I don't have a copy of the instructions as she hasn't been able to get a scan of them yet.

[mimicoco 5]

why don't she just stay there and work for free? sometimes some sacrificies are necessary. it's just for 1 or 2 months. i know it's a bit long, but compare to lose her visa and turn back to phillipine and complications going with, it's not too much.

[ZombieSS 0]

why don't she just stay there and work for free? sometimes some sacrificies are necessary. it's just for 1 or 2 months. i know it's a bit long, but compare to lose her visa and turn back to phillipine and complications going with, it's not too much.

I talked to her tonight and I think I got her convinced that it's for the greater good if her employers decide to punish her. I'm crossing my fingers. She has a very hard time swallowing her pride as do many. I told her to save her words for the day she is ready to board the plane.

It's such a crappy situation but I'm trying to keep everything moving forward through the path of least resistance. It's difficult but I have to keep my emotions out of this and deal with everything logically and let that be my guide. I just hope my Fiance can hold up, she's not one to go down without a fight when she is wronged.

Edited March 8, 2012 by ZombieSS