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Jocelyn Drakos

K-1 never change status, divorced & remarried

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I want to bring my Filipino wife to the USA. We met in USA after she got divorced from her first husband that brought her to the USA, he never filed a change of status for her so she never got a green card, she filed for a change of status based on Battered spouse but was denied, she still has an active USCIS case pending under her maiden name before the marriage to the first husband, she had work permits and a USA SS #, she bought a house in the USA and stayed there 7 years before getting remarried to me in USA and then we both moved to the Philippines in 2014, I now want to bring her back to the USA and have her legal status changed, will this be a problem?

 

Thank you

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There's a ban of at least 10 yrs for her. Given that you're living in her home country hard to prove hardship for you if she's not granted immigrant visa. 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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How did she overstay since she met the requirement of being married within 90 days of arrival? The only thing that was not done was never applied for change of status, as far as I can tell based on research is that filing for a change of status is not a condition of the K1 visa. She still has an open case with USCIS and has never received a deportation notice, she had work permits after her divorce and even bought a house in her name alone based on the work permits, then USCIS refused to give her any more work permits so she ended up losing her home to foreclosure because she couldn't work, that's she moved back to the Philippines.

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The K-1 allows her 90 days in the US.  Getting married within 90 days is a requirement to file for AOS without having to file an I-130 petition.  Getting married does not extend her visa.  Regardless of the fact that she married within 90 days, she never filed for AOS so after her 90 days on the K1, she became a visa overstay.

 

How long did she stay in the US after her VAWA case was denied?

Edited by aaron2020

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What is a VAWA case? She arrived in 9/31/2007 and married 10/18/2007 and filed adjustment of status as "Battered Spouse" 12/21/2007 which was eventually denied 9/14/2012 after  trying to supply all the information they kept asking for. She was divorced 5/15/2008, She left the case as Open as they allowed for an appeal which she never did. We got married in the US on 12/2013. Thanks for your response... hoping for the best but expecting the worse.

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Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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On 1/15/2017 at 2:03 AM, Jocelyn Drakos said:

What is a VAWA case? She arrived in 9/31/2007 and married 10/18/2007 and filed adjustment of status as "Battered Spouse" 12/21/2007 which was eventually denied 9/14/2012 after  trying to supply all the information they kept asking for. She was divorced 5/15/2008, She left the case as Open as they allowed for an appeal which she never did. We got married in the US on 12/2013. Thanks for your response... hoping for the best but expecting the worse.

A VAWA case is a battered spouse.  Since she overstayed more than 180 days, she has a 10 year ban that must be overcome.

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