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Filed: K-1 Visa Country: Philippines
Timeline

Fiance and son arrived here Sept. 11. The relationship has been REALLY bad. Have postponed the wedding twice.

Visas expire Dec. 13.

Because I signed the I-134, A of Support, I am legally responsible to support them for 10 yrs or until she becomes a citizen, correct ?

So, it becomes my responsibility for paying to send them back to the Philippines, if this is what we decide correct ?

I'm not a horrible person, but just trying to learn the legal aspects of this complicated situation.

So, what happens if we do not get married and she becomes out of status without going back to her country ?

The legality is, I promised to support them when I signed the I-134, so any fees or deportation expenses are my responsibility, correct ?

Thanks everyone. This is truly heartbreaking.

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Filed: K-1 Visa Country: Wales
Timeline

I 134 is legally meaningless.

If you paid for them to come here you should morally pay for them to go back.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It has only been two months, are you absolutely sure things will not improve? :(


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

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I-134 is not legal binding.

She and her son will be out of status once I-94 expires.

If you do not wish to marry her, then offering her and son tickets back to Philippines will be a gesture of goodwill.

If they choose to stay in US after I-94 expires (without marrying), it is out of your control.

They can only get green card through AOS with the original petitioner which is you.

Probably you wouldn't want them to stay with you together, to prevent false abuse allegations.

Edited by Merrytooth

Done with K1, AOS and ROC

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Filed: K-1 Visa Country: Wales
Timeline

Probably you wouldn't want them to stay with you together, to prevent false abuse allegations.

Too late, look at prior posts.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Jamaica
Timeline

I don't believe the I-134 puts you on the hook for 10 years if you do not marry. Here's what you signed.

4. This affidavit is made by me for the purpose of assuring the U.S. Government that the person(s) named in item (3) will not become a public
charge in the United States.
in
certify under penalty of perjury under U.S. law, that:
Form I-134 (Rev. 05/25/11)
b. If a U.S. citizen through parent(s) or marriage, give Certificate of Citizenship number
Name (Family Name) (First Name)
I, residing at
(Name) (Street Number and Name)
(City) (State) (Zip Code if in U.S.) (Country)
Form I-134, Affidavit of Support
Department of Homeland Security
U.S. Citizenship and Immigration Services
e. If a lawfully admitted nonimmigrant, give Form I-94, Arrival-Departure Record, number
5. I am willing and able to receive, maintain, and support the person(s) named in item 3. I am ready and willing to deposit a bond, if necessary, to
guarantee that such person(s) will not become a public charge during his or her stay in the United States, or to guarantee that the above named
person(s) will maintain his or her nonimmigrant status, if admitted temporarily, and will depart prior to the expiration of his or her authorized stay
in the United States.
6. I understand that:
a. Form I-134 is an “undertaking” under section 213 of the Immigration and Nationality Act, and I may be sued if the person(s) named in item 3
becomes a public charge after admission to the United States;
b. Form I-134 may be made available to any Federal, State, or local agency that may receive an application from the person(s) named in item 3
for Food Stamps, Supplemental Security Income, or Temporary Assistance to Needy Families; and
c. If the person(s) named in item 3 does apply for Food Stamps, Supplemental Security Income, or Temporary Assistance for Needy Families,
my own income and assets may be considered in deciding the person's application. How long my income and assets may be attributed to the
person(s) named in item 3 is determined under the statutes and rules governing each specific program.
It's the I-184 when filing for AOS after marriage that says more to that. Here's that link
If things do not work out and you do not marry within the 90 days then she and her son are required to return to their country. I truly hope you can work out the issues. I am sure coming to a new country, different culture, and being away from everything familiar is very difficult for her. Best of Luck!
Edited by LionessDeon

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Without a marriage to the sponsor, there is no way to legally stay. Morally the sponsor should offer to get them a return ticket, but they can't be forced to get one, and they can't force the K-1 and K-2 to leave.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Too late, look at prior posts.

Boiler,

http://www.visajourney.com/forums/topic/516819-not-getting-along/#entry7271643

Are you referring to the above thread?

It is kind of confusing. The OP said to be asking on behalf on a 'friend'.

Here, the post is talking about OP's own situation? OP's timeline showed K1 and K2 too.

Hiedy and Derek just arrived in the US on Sept 11. Derek's father is not listed on the bc,and there has been no contact from him in 2 years.

We were not required to get any permission from the father.


Done with K1, AOS and ROC

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

I-134 expires when the I-94 expires.

I-864 expires after 40 work credits, green card given up, beneficiary becomes uscitizen, or sponser dies. I-864 only in effect when green card is issued. green card gets issued when adjustment of status case submitted. Adjustment of status case submitted after marriage.

Since you not marry her (the next step) and not file for adjustment of status, and she not have a green card, the I-864 rules not apply, at all.

That's yer legal position, really.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from K1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Timeline

If you bot hdecide not to get marry dude do the decent thing

do little shopping for them and purchase the tickets for them

after all you did bring them in. If you do not get marry you are

not financially responsible for her if she stay and is out of status.

If there is a problem its best you are not living with them you

can be accused of abuse

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Filed: K-1 Visa Country: Philippines
Timeline

Have a heart to heart conversation, and "IF" it won't work, do the right thing,...,.,send them back to the Phils.

I am surprised, usually Filipino women make some of the best wives in the world.,.,.,""I have one"".,.,. sorry about your situation.

Does the child impact the situation, very much.,.,.I did not see.,.,.,.,.IS IT YOUR child? Maybe that might be the problem.,.,.,

Good luck.,.,.,.,.,let this settle.,.,.,,go back to the Phils. (Cebu).,.,.,.,not Manila.,.,.,.,there are thousands there!

Just my opinion, Filipion's make great wives..,..,,.,but so do other countries..,.,I just happen to get lucky..,.,,. after my past 15 years.,.,.,.""I WAS DUE!!!""

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Filed: Citizen (apr) Country: Ecuador
Timeline

One post has been edited to remove inappropriate comments and is returned to the thread as follows:

do the right thing, buy them tickets back home.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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