Odd Situation

[nane1104 146]

How crazy, one day makes all the difference in the world. If she left the PI on the 11th and traveled east, she should have arrived on the 12th. At least that's what happens when I fly to Europe from here- I always arrive the next day because of the time difference.

And I agree with you, Damara, this is a case where ROC is a very important aspect to consider down the road, as a bonafide marriage will be soooo extremely hard to prove, given the fact that they haven't built a life together as a married couple at all.

Now, in theory (not making the suggestion to do this, I am rather asking)- if they divorced...and she meets another USC and remarries...she would be able to adjust her status with a petition from a new husband, right? It's only K-1 who can't do that?!

[Shauneg 762]

How crazy, one day makes all the difference in the world. If she left the PI on the 11th and traveled east, she should have arrived on the 12th. At least that's what happens when I fly to Europe from here- I always arrive the next day because of the time difference.

And I agree with you, Damara, this is a case where ROC is a very important aspect to consider down the road, as a bonafide marriage will be soooo extremely hard to prove, given the fact that they haven't built a life together as a married couple at all.

Now, in theory (not making the suggestion to do this, I am rather asking)- if they divorced...and she meets another USC and remarries...she would be able to adjust her status with a petition from a new husband, right? It's only K-1 who can't do that?!

It truly comes down to when her flight left, you don't gain a day flying east. You gain the flight time minus 12 hours for east coast. You gain a day+ flying there as they are ahead in time. Like I said it just comes down to when exactly she left and flight/layover times.

[Ontarkie 13,915]

~~One post removed for disclosing a Private message, Please not not post what has been discussed in a private message. One post quoting returned to view.~~

She will only have to ROC if she has the conditional card.

She will have the conditional card if she entered the US prior to their 2 year anniversary. So did she enter the US on the 11th as she initially stated? If so then her options are including as listed before:

Divorce will be a factor, it doesnt directly impact when you MUST ROC however. The divorce can be started by Mr or Mrs. (keep in mind Mr has already expressed intent to meet up with another alien who may be seeking a path to the US and Mr may initiate divorce proceedings) I understand your concern to assist her in sorting out her feelings in making decisions but to keep a marriage together requires both people on board. So the descison to "joint ROC" is not soley hers.

a. divorce started now

1a. file ROC with divorce waiver immediately {that is when divorce is done} (process can take apx 9 months if denied you will have to leave US)

b. divorce started now

1b. do not ROC with waiver until 2 year mark (again process may take 9 months from filing if denied you will have to leave US)

c divorce started later

1 do not ROC with waiver until 2 year mark

2 ROC with waiver after divorce papers are done even if its before 2 year mark

d Joint ROC with spouse as long as still married at 2 year mark with supporting evidence of marriage

As for in laws help to ROC?? Hmm no. ROC requires no aff of support if shes thinking along those lines. The joint petition must be done by the spouse. A divorce waiver they could assist in writing affs saying the marriage was in good faith and what not. Statements by individuals are evaluated and given the appropriate weight deemed by the Officer. Lots of factors are taken into account when making that determination.

I do agree she should post back if she would like a detailed review of her ROC scenario; not sure if another thread is necessary- or if this one can be expanded. Thats for a mod to decide.

Edited May 18, 2015 by Ontarkie

[raven52 233]

I spent years in the Philippines, so I know that country very well. I went through ""3, fakes, or catfishes" as they are called before I found a good gal. But, it was not her I brought to the USA and married, I met another woman during my stays in Cebu, and fell in love with her.,.,.,she is my wife today.

Just by what I read, ""HE is in for a real big pit-fall"" as she is going to drag him through hell, but then again she may be legit.,.,,.,but I bet ""catfish.""

Do what your heart tells you to do. Main thing.,.,.""be happy"" can you be happy here in US,..,do you have friends, or a job prospects.,.,anything to connect you here?

If not, take your happy heart, and go home, BUT.,.,.,BUT.,.,.,BUT.,. not before divorcing him, and riding yourself from him forever.

As you know there is no divorce in the Phils., so rid yourself of him here, and then ""THE PHILIPPINES HAS TO ACCEPT THE DIVORCE DECREE FROM THE USA!!!""

The only thing I have against the Phils., is the divorce issue, as a man can beat his wife, commit adultery, it is accepted there and no grounds for a woman to get rid of a man

Divorce him before you "follow" your heart, good luck to you, you will need it.

[VOL 425]

As you know there is no divorce in the Phils., so rid yourself of him here, and then ""THE PHILIPPINES HAS TO ACCEPT THE DIVORCE DECREE FROM THE USA!!!""

The only thing I have against the Phils., is the divorce issue, as a man can beat his wife, commit adultery, it is accepted there and no grounds for a woman to get rid of a man

From what I have read the US Citizen has to be the person to file for divorce for the divorce to be recognized in Philippines. If she files for divorce then legally she is still married in Philippines....

[Sandra G. 5,016]

I suggest you seek some counceling for yourself,you need to learn how to develop self respect,because self respect must come first than love. You can stay and file l751 waiver after divorcing him or you can go home,it's up to you.

What are you trying to prove? Your husband is a cheater and a scumbag.

[JohnandMhay 13]

How crazy, one day makes all the difference in the world. If she left the PI on the 11th and traveled east, she should have arrived on the 12th. At least that's what happens when I fly to Europe from here- I always arrive the next day because of the time difference.

And I agree with you, Damara, this is a case where ROC is a very important aspect to consider down the road, as a bonafide marriage will be soooo extremely hard to prove, given the fact that they haven't built a life together as a married couple at all.

Now, in theory (not making the suggestion to do this, I am rather asking)- if they divorced...and she meets another USC and remarries...she would be able to adjust her status with a petition from a new husband, right? It's only K-1 who can't do that?!

Nope, there's a dateline in that trip. Every trip from PI I arrive same day I left.

[betteralone 0]

So after a long talk with my inlaws and my parents, I decided to just stay. If my ROC will not be approved, then I will go home no problem with that. I will just focus on myself right now. I want to sue him, I have evidences but I don't know if its the right thing or if I can do that here.

[Shauneg 762]

So after a long talk with my inlaws and my parents, I decided to just stay. If my ROC will not be approved, then I will go home no problem with that. I will just focus on myself right now. I want to sue him, I have evidences but I don't know if its the right thing or if I can do that here.

You can't sue. Congrats on your decision, do what you feel is best and be committed to that decision. Thanks for letting us know, I was waiting to see what've you decided.

[betteralone 0]

So does anyone can help me on what to do or how to be prepared in the future? I don't think he will file for divorce anytime soon, but if he does, what should I do? or if he do not and I want to get out, can I file for a divorce too?

[Boiler 43,433]

Of course you can divorce.

[Ebunoluwa 6,136]

I think you may have missed some comments in regards to what happens if you divorce or if he divorces, please read the thread again.

[Villanelle 4,121]

Now, in theory (not making the suggestion to do this, I am rather asking)- if they divorced...and she meets another USC and remarries...she would be able to adjust her status with a petition from a new husband, right? It's only K-1 who can't do that?!

You are confusing 2 separate issues here. With out going into a long technical drawn out explanation- basically everyone knows because its repeated as textbook on here that a K1 can only adjust through the person that sponsored them. Meaning the USC that filed the 129f. The alien travels on the visa, come to to the US- marry that US and file AOS. They can not come to the US and marry anyone else and file AOS while on the K1 visa, it will be denied.

Thats one particular and unique situation in regards to the K1 visa and its rules. For other visas and paths to adjustment there are of course different rules. Basically speaking for family based visas- spousal- when you have something set in motion- like you married (not under the k1 because thats unique) and you start down a path like getting a conditional gc// well you have to "complete it". Complete it can mean a variety a things. Either complete ROC OR surrender the card. You cant just "swap" from it to another conditional card to another. Completing ROC is obviously submitting the paperwork and getting a decision yes or no and taking it from there. Surrendering means just that. Turning in the status and being out of status. You are then yes free and clear and able to be re-petitioned by another USC or LPR for a new GC if you remarry. Or if you choose a K1 if you get engaged. (surrendering will typically involve leaving the US or if you dont and you remaining in the US illegally and find a new relationship to adjust on- no guarantee you will- you will then have a complex situation of overstay and waivers on top of proving a legitimate second relationship when you do)

So after a long talk with my inlaws and my parents, I decided to just stay. If my ROC will not be approved, then I will go home no problem with that. I will just focus on myself right now. I want to sue him, I have evidences but I don't know if its the right thing or if I can do that here.

You can't sue. Congrats on your decision, do what you feel is best and be committed to that decision. Thanks for letting us know, I was waiting to see what've you decided.

Here is a thread about sueing under the 864. It is possible. However from the situation you describe- living with in-laws etcs, leads one to believe there is not much in terms of assets. You will be hard pressed to find an attny to take the case on as the cases can run anywhere from 10k to 30k. You certainly do not seem to have that amount to pay upfront. The law does allow for the defendant (your husband) to pay for legal expenses if the case if successful, however any attny taking on the case will evaluate if your spouse has the money to pay their fees if successful. Does he?

Because an attny is unlikely to work if he does not think he will ultimately be able to collect when all is said and done. I would recommend reading through the thread and posting any questions relating to that specific topic in that thread.

http://www.visajourney.com/forums/topic/417935-getting-sued-using-i864/

So does anyone can help me on what to do or how to be prepared in the future? I don't think he will file for divorce anytime soon, but if he does, what should I do? or if he do not and I want to get out, can I file for a divorce too?

As it was stated, the options were laid out in the thread- Is there something that you needed explained further?

The only thing that is still a question I can see is this bit you posted about the other girl being from a Filipino from the Philippines. (?) The way you wrote that leads me to believe that even though your flag indicates the PI perhaps you are not from there? Many people have addressed the issue of the PI and divorce- perhaps it applies to you- perhaps it doesnt?

(Its not crazy to make assumptions based on the flag people choose. However its not always accurate. I can be a German. My parents can be full blooded Germans on both sides, their parents etc. However we can all live in Canada. All hold Canadian passports. Perhaps I had never stepped a foot in Germany as my grandparents left it decades ago. If I personally identify as a German and not a Canadian- well so be it).

In the PI- in order for a divorce to be recognized there it must be filed by the other person- the non PI person. If you could care less what the PI thinks because you are not going back there, have never been there, dont hold their passport etc- then this does not apply. Then it doesnt matter if YOU FILE> however if it IS OF CONCERN TO YOU> do not file. Let him be the one to file.

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[Tahoma 2,291]

I spent years in the Philippines, so I know that country very well.

As you know there is no divorce in the Phils., so rid yourself of him here, and then ""THE PHILIPPINES HAS TO ACCEPT THE DIVORCE DECREE FROM THE USA!!!""

The only thing I have against the Phils., is the divorce issue, as a man can beat his wife, commit adultery, it is accepted there and no grounds for a woman to get rid of a man

Here is my understanding:

1. Muslims in the Philippines can divorce.

2. Assuming that betteralone is not a Muslim:

> If her husband initiated the divorce, then betteralone would have to get the divorce recognized in a Filipino court if she ever wanted to get married in the Philippines. However, she could still get married in the U.S. without getting her divorce recognized in a Filipino court.

> If betteralone was the one who initiated the divorce and she wanted to get married in the Philippines, then she would have to go to a Filipino court to get an annulment. If she wanted to get married in the U.S., she would not have to get an annulment.

> Annulments in the Philippines can cost roughly $2000 on up, and take a year or more.

> A recognition of a foreign divorce can cost roughly $1000 on up, and take at least six months.