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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I need help, Please!

I have been married in the states, Tucson AZ last 2008, stayed and work there for at least 3 years, but my husband decided to come and live here in the Philippines for good and convinced me not to get a citizenship since we are not going back to the states anyway, so we came here last 2011, but after 5 years of living here my husband suddenly abandoned me and left me with someone else, leave me with nothing, even took our savings and changed the password of our joint Bank of America account. Now, I want to go back to the states to divorce him, to start my life once again, but I can't go back due to my green card being expired long time ago. What would I do to go back? What kind of visa would I apply for? Please I really need help. Thank you so much

Posted

You can't come back to the U.S. to live, as your Green Card has expired, and can't be renewed. You can come back possibly as a tourist but not to stay.

"Wherever you go, you take yourself with you." --Neil Gaiman

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I think you could still apply for the removal of condition that will give you 10 years of permanent residency here using hardships as your reason. And as long as you still have your papers showing you are still married to your husband. I'm just assuming you two still are since youdidn't mentioned "divorced". When he petitioned for you to come here the first time, he signed the papers saying he is responsible for you.

Filed: Citizen (pnd) Country: Spain
Timeline
Posted

I think you could still apply for the removal of condition that will give you 10 years of permanent residency here using hardships as your reason. And as long as you still have your papers showing you are still married to your husband. I'm just assuming you two still are since youdidn't mentioned "divorced". When he petitioned for you to come here the first time, he signed the papers saying he is responsible for you.

that makes no sense, they spent more time in the Philippines as a married couple than in the US. she wont get a GC unless she moves back to the US with her US husband ,

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

I think you could still apply for the removal of condition that will give you 10 years of permanent residency here using hardships as your reason.

Incorrect, as she abandoned residency several years ago.

Op- you have no path to a US greencard at this time. You would need to rely on your husband to file for divorce in the USA, as Phils doesn;t have divorce.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Thank you all for your response, yes, I think I won't have any chance to go back using my green card anymore. I will try to apply for a tourist visa instead. I need to go back to divorce my husband, I need to start my life once again. I can't rely on my husband to file a divorce, since I don't even know where he is right now. What I want to know is, do I have a big chance of getting approved? I'm afraid of getting denied for I don't have much funds right now. I am planning to sell my house and use the money as show money, but I've also read that recently big deposit amount to your bank account is questionable and would definitely the reason for you getting denied..:(

Posted

1. I'm pretty sure you can start the divorce from the PHL. You can look online for divorce lawyers that deal with international cases. You can email them and ask if it doable.

2. If you go the tourist route. You have to show ties to your home country. Right now your home is the strongest tie. If you sell it, you will lose that advantage. Plus if you sell it, the immigration officer will think you are preparing to stay in the US.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted (edited)

Thank you all for your response, yes, I think I won't have any chance to go back using my green card anymore. I will try to apply for a tourist visa instead. I need to go back to divorce my husband, I need to start my life once again. I can't rely on my husband to file a divorce, since I don't even know where he is right now. What I want to know is, do I have a big chance of getting approved? I'm afraid of getting denied for I don't have much funds right now. I am planning to sell my house and use the money as show money, but I've also read that recently big deposit amount to your bank account is questionable and would definitely the reason for you getting denied.. :(

If you file the divorce against your husband you will also have to go through an annulment in the Philippines to remarry. But if you can find him and have him file the divorce, just tell him you will never contact him again. The fact that he files against you will allow you freedom to marry and no additional annulment is needed. You will have to register the divorce but that is less of a hassle and for very little money.

Keep the house. It shows strong ties to the Philippines. It's going to be a tough go at getting a visa as you had already been in the US and now you want to go back. Seems your case is weak so don't get your hopes up. I say save your money and just spend it on trying to locate him. Hiring a Private Investigator might be worth the money. Most can find anyone.

The Embassy will ask a lot of questions about what happened, so do some research and see how you can phrase your answers if you decide to go ahead with the tourist visa. Keep in mind you should always be truthful with your answers to a CO.

Edited by Greenbaum
Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I have two properties, I am thinking of selling the other one to use for applying a tourist visa and make the other property as my ties to the Philippines. I also secure a job that would likely make them think I have a reason to come back here. About the annulment, I don't think I have to do that coz we did not register our marriage here, we only legally married in that states, one reason why I have to go and divorce him my self, Filling an abandonment divorce is my best option since I can't locate my husband.

About filing the divorce here, I have been reading and actually has the divorce form already but it says I have to show up to court for the decision, so it means I really have to go personally..:(

Posted

To be honest I have heard that it is very hard to get a tourist visa from the Philippines especially one for a single female. Yes it might be a red flag if you sell a house in all of sudden have a lot more money in the bank. Getting a job there will help, but you will most likely need more then that. the more ties to your country job school family bank etc etc the better

good luck


Service Center : Nebraska Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-20
I-130 Sent : 2014-10-06
I-130 NOA1 : 2014-10-09
I-130 RFE for NSO copy of marriage certificate: 2014-11-03
I-130 RFE Sent : 2014-11-18
I-130 Approved : 2014-12-07
NVC Received : 2014-12-23
NVC case number: 2015-02-04
Submit DS-261 : 2015-02-05
Sent AOS Package : 2015-02-09
Sent IV Package : 2015-02-09
Scan date : 2015-02-1
Submit DS-260: 2015-3-12
Case Completed at NVC : 2015-03-20
Receive Instruction and Interview appointment letter: 2015-3-27
Medical complete: 2015-04-08
Interview Date : 2015-05-08
Interview Result : Approved
Visa Received : 2015-05-13

Date of US Entry : 2015-06-09
Date of Social Security card receive : 06-2015

Date of Green Card received 07-2015

Date of ROC FILE 05-19-2017

 I-751 NOA Date 05-26-2017

Citizenship
CIS Office:    Denver CO
Date Filed:    2020-08-15
NOA Date:    2020-08-15   
Interview Date:    2021-01-29
Approved:    Yes
Oath Ceremony:    2021-01-29

 

 

 

   
Filed: K-1 Visa Country: Philippines
Timeline
Posted

Depending on which state the divoce is filed in you may not need to be present. I know for sure New York does not require you to be present if it is uncontested. It is better if he files it in the states because it will be recognized in Phil and you can remarry. You can probably file it yourself and ask for maintenance. At the very least let your husband know that you intend to ask for maintenance unless he files it himself.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

If there was application of adjustment of status your marriage is reported to the USCIS. You should go to NSO to see what your marriage status is. You might find a surprise that youre really married according to Philippine law

Posted

You should check with NSO to see if your CENOMAR is clear in the Philippines. If it is clear things will be much easier. If your CENOMAR shows you are married, is your husband a US Citizen or a foreigner (not a Filipino)? According to Philippine law the foreigner has to divorce the Filipina, it can't be the other way around. You cannot divorce your husband in the US and then clear your CENOMAR. Instead you will need to seek an annulment in the Philippines. If your CENOMAR is clear in the Philippines and you want to seek a divorce in the US you will need to seek a divorce the state you were married in or the state you last resided in. This will clear your marriage in the US. I would definitely consult a divorce attorney in AZ because most of the time you can make a motion asking the court to allow you to serve your spouse by publication in the newspaper. In most states, you’ll also have to submit an affidavit or certification explaining and documenting all your attempts to find him. If unable to pay, the Petitioner can ask the court to postpone ("defer") or forgive ("waive") payment by filing a written application with the Clerk of Superior Court. If that is the case I would consult an attorney in the US. Hope that helps a little. Good luck!

 Adjustment of Status Journey

Spoiler

Sent I-485: December 20, 2016

USCIS delivered: December 23, 2016

USCIS received: December 27, 2016

I-765 Notice Date: January 12, 2017

I-131 Notice Date: January 12, 2017

I-485 Notice Date: January 12, 2017

Biometrics Date: February 10, 2017

I-765 Approved: March 30, 2017 (93 days)

I-131 Approved: March 30, 2017 (93 days)

I-485 Approved: June 6, 2017 (161 days)

 

Removal of Conditions Journey

Spoiler

Sent I-751: May 6, 2019

USCIS delivered: May 9, 2019

USCIS received: May 9, 2019

I-751 Notice Date: May 14, 2019

I-751 received Date: May 17, 2019

Biometrics received Date: June 8, 2019

Biometrics Date: June 20, 2019

Transfer to PSC Date: February 20, 2020

RFI received Date: October 20, 2020

RFI submitted to USCIS Date: January 14, 2021

ADIT Stamp received: March 3, 2021

ADIT Stamp received: March 24, 2021

I-751/N-400 Combo Interview Scheduled: April 7, 2022

I-751 Approved: April 7, 2022 (1064 days)

 

Citizenship Journey

Spoiler

N-400 Submitted Online: March 05, 2021

USCIS received: March 05, 2021

N-400 Notice Date: March 05, 2021

I-751/N-400 Combo Interview Scheduled: April 7, 2022

N-400 Approved: April 7, 2022 (398 days)

Oath Ceremony: April 7, 2022 (398 days)

Certificate of Naturalization Issued: April 7, 2022 (398 days)

 
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