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4bd

Married for love, barred for life??

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Filed: Timeline

Quick background timeline:

6/20/2007 - Angelina legally entered US, K-1 visa to marry Bob.

6/29/2007 - Bob sexually assaulted Angelina on 2 separate occasions (raped); Angelina left Bob.

10/12/2007 - Angelina hires Immigration Lawyer for Asylum Case (Religious Beliefs) and petition is officially submitted.

7/1/2008 - Brad met Angelina. Brad is a US born citizen. Angelina has been living illegally in US, on overextended her K-1 visa. Angelina has been working and studying to finish her Associate's Degree at the local community college.

7/10/2010 - Brad and Angelina are married.

11/21/2010 - Received notice of Angelina's Removal Proceedings with a court date of 06/16/2013; Asylum petition is still proceeding.

04/20/2012 - Brad heard about an I-130; immediately went to vj.com to seek the wisdom of the forum.

So, after hearing about the I-130, and doing some research, aka "google", I've ruled out a DCF filing of an I-130. Knowing that we've got some time before Angelina's Removal Proceeding court date, I'm wondering if we can file an I-130 and hopefully have that approved in time, before her court date.

First thought, would an I-130 even be possible, given her overextended K-1, almost 2 year marriage, and pending Removal Proceeding/Asylum petition?

Edited by 4bd

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Quick background timeline:

6/20/2007 - Angelina legally entered US, K-1 visa to marry Bob.

6/29/2007 - Bob sexually assaulted Angelina on 2 separate occasions (raped); Angelina left Bob.

10/12/2007 - Angelina hires Immigration Lawyer for Asylum Case (Religious Beliefs) and petition is officially submitted.

7/1/2008 - Brad met Angelina. Brad is a US born citizen. Angelina has been living illegally in US, on overextended her K-1 visa. Angelina has been working and studying to finish her Associate's Degree at the local community college.

7/10/2010 - Brad and Angelina are married.

11/21/2010 - Received notice of Angelina's Removal Proceedings with a court date of 06/16/2013; Asylum petition is still proceeding.

04/20/2012 - Brad heard about an I-130; immediately went to vj.com to seek the wisdom of the forum.

So, after hearing about the I-130, and doing some research, aka "google", I've ruled out a DCF filing of an I-130. Knowing that we've got some time before Angelina's Removal Proceeding court date, I'm wondering if we can file an I-130 and hopefully have that approved in time, before her court date.

First thought, would an I-130 even be possible, given her overextended K-1, almost 2 year marriage, and pending Removal Proceeding/Asylum petition?

I'd say you want to get an immigration attorney. This seems too complex for people in this forum; I for one would not try to give legal advice in this situation. Even if people here provide advice, I'd still get an attorney to ensure things are done right. Among members of this forum, there are attorneys participating and they might chime in, they would indicate they are in fact attorneys.

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I can tell you some things.

She is not eligible to adjust status in the US because she arrived on a K-1 visa and can only adjust based on current marriage to the petitioner. So you theoretically could file I-130 for her, which is the first step in obtaining a spousal visa, but she would have to leave the country and by doing so she would incur a 10-year ban for overstaying. You would then have to file a hardship waiver and get it approved for her to come back (not an easy task). Filing an I-130 by itself does not give any legal benefit (I am not sure what you think it does, or why you bring up DCF... you don't live in her country).

I can't say much about her asylum case, but it would help for advice to know what country she is from. USCIS does not like frivolous asylum cases AT ALL, so if she just filed based on some random story but really she was just trying to buy time in the US, then she will have trouble.

It sounds from the circumstances that a VAWA claim would have been much more appropriate in her case than an asylum case.

You will also have to figure out how she has been working. Is she ever claimed to be a US Citizen to get her job, then she is toast.

What country is she from?

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Citizen (apr) Country: Australia
Timeline

I can tell you some things.

She is not eligible to adjust status in the US because she arrived on a K-1 visa and can only adjust based on current marriage to the petitioner. So you theoretically could file I-130 for her, which is the first step in obtaining a spousal visa, but she would have to leave the country and by doing so she would incur a 10-year ban for overstaying. You would then have to file a hardship waiver and get it approved for her to come back (not an easy task). Filing an I-130 by itself does not give any legal benefit (I am not sure what you think it does, or why you bring up DCF... you don't live in her country).

I can't say much about her asylum case, but it would help for advice to know what country she is from. USCIS does not like frivolous asylum cases AT ALL, so if she just filed based on some random story but really she was just trying to buy time in the US, then she will have trouble.

It sounds from the circumstances that a VAWA claim would have been much more appropriate in her case than an asylum case.

You will also have to figure out how she has been working. Is she ever claimed to be a US Citizen to get her job, then she is toast.

What country is she from?

Agreed but the timeline doesn't mention Angelina married Bob (1st guy) so VAWA isn't an option. Either way they need an attorney. This is not a DIY case. I'm willing to bet she'll end up having to leave for the I-130 and go that route but you never know...

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Filed: Timeline

Angelina is from Beijing, was baptized as a Christian with an underground church in 2006. Her church has since been persecuted and dispersed. While here in America, she has not been able to establish any contact with her church members (dead phone numbers, emails, etc.)

Angelina has been working jobs as a nanny/baby-sitter for church members here in America. All cash, just a small monthly income to support herself, as she cannot apply for employment legally.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

did she marry to the man that filed the I-129F, or no ? the answer to this makes a huge difference.


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Filed: Timeline

You will also have to figure out how she has been working. Is she ever claimed to be a US Citizen to get her job, then she is toast.

Asylum petitioners can get an EAD after their petition has been pending for 150 days, so hopefully that is what happened. The time while a bona fide asylum application is pending is not considered unlawful presence, so there may not have been a time bar.

Since this is a complicated case and the asylum petition is pending, I recommend contacting the original immigration attorney to review options.

Edited by grrrrreat

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Filed: AOS (pnd) Country: Philippines
Timeline

No she came here to marry Bob but in the 9 days she arrived she says she was raped twice they nevered married then met Brad married him a few years later. The thing is who ever posted this her,Brad or friend of ? is telling her side. But what really happen? this is the first time i've ever heard of someone being raped by the man who brought her here... meaning what they didn't have a relationship? That they didn't have sex when he went to see her,we don't know the history of that relationship I'm not saying it didn't happen but why wasn't something done back in 04?????? Maybe she got here she didn't want to have sex with him anymore and because used him to get here maybe not?? There so many questions that are not answered here that rasies red flags because this was done back in 04 and nothing was done about it then just my 2 cents.

Edited by Pinoylover

Even though we are far from each other right now I know you are close to me in other ways,you are always here in my heart. You give me reason to look forward to each day,You are my life and a dream come true.there are no words to express how i feel for you.You are the light in my darkness.There could never be words strong enough to express my love for you but I'm going to show it to you everyday as long as i live.I love you with my body,soul and mind.I love you very much baby.Mwaaaaaaaaah!

Your Wife to be,

Aijeen

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Filed: Timeline

did she marry to the man that filed the I-129F, or no ? the answer to this makes a huge difference.

No, Angelina did not marry the man that filed the I-129F ("Bob").

Angelina married Brad.

No she came here to marry Bob but in the 9 days she arrived she says she was raped twice they nevered married then met Brad married him a few years later. The thing is who ever posted this her,Brad or friend of ? is telling her side. But what really happen? this is the first time i've ever heard of someone being raped by the man who brought her here... meaning what they didn't have a relationship? That they didn't have sex when he went to see her,we don't know the history of that relationship I'm not saying it didn't happen but why wasn't something done back in 04?????? Maybe she got here she didn't want to have sex with him anymore and because used him to get here maybe not?? There so many questions that are not answered here that rasies red flags because this was done back in 04 and nothing was done about it then just my 2 cents.

Pinoylover, there are still some who believe that you don't consummate the relationship until after being married, believe it or not. A bit surprising and old-fashioned I guess, but they are still around. So here's the thing...why would you want to use somebody on a K-1 visa to come to America, knowing full well (from the interview and questioning process in Beijing) that by not following through with the marriage it would jeopardize, no INVALIDATE, your legal status here in America? It would have been "smarter" to get married, get the green card, and then divorce/leave/separate, etc.

Angelina followed Bob to America, completely trusting him, with limited to no English language skills. If you were in her situation and forcibly raped, TWICE, who would you turn to? Better yet, who could you trust? I imagine that even for American women, born in the States, they would have a tough time finding someone to talk to/confide in or even report that it happened.

Edited by 4bd

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Filed: Timeline

No she came here to marry Bob but in the 9 days she arrived she says she was raped twice they nevered married then met Brad married him a few years later. The thing is who ever posted this her,Brad or friend of ? is telling her side. But what really happen? this is the first time i've ever heard of someone being raped by the man who brought her here... meaning what they didn't have a relationship? That they didn't have sex when he went to see her,we don't know the history of that relationship I'm not saying it didn't happen but why wasn't something done back in 04?????? Maybe she got here she didn't want to have sex with him anymore and because used him to get here maybe not?? There so many questions that are not answered here that rasies red flags because this was done back in 04 and nothing was done about it then just my 2 cents.

"allegedly"

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Just curious, why was the reason for asylum application for religious beliefs?


I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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