Deportation

[markiweiss49 4]

Hello everyone, I am asking for my wife's friend and don't know if this is the right thread or not. My wife's girlfriend came to the states from the Philippines on a k-1 visa. However, she had marry her husband pass the 90 day period and that was one year ago. She has no greencard and she said that she can apply for a greencard ten years from now which her other friend told her that. I told her that it's not true and she may be deported back to the Philippines. She told me that I don't know what I am talking about and she believes her friend. The question is, am I right or am I wrong. Thank you for any replies.

[jxn 86]

This isn't the right sub-forum, but here are a few related threads.

 

 

 

[Dutchster 1,106]

She is out of status for over 180 days now. Remember her if she leaves the country, she will encounter a temporary ban from the US. 

She can still adjust status based on her marriage, all they need to send is I-130/I-485 (and I-131/I-765 if desired to work and travel)

Edited August 2, 2017 by Dutchster

[Coco8 1,039]

13 minutes ago, markiweiss49 said:

My wife's girlfriend came to the states from the Philippines on a k-1 visa. However, she had marry her husband pass the 90 day period and that was one year ago.

Ok. She got married but after the 90 days.

 

13 minutes ago, markiweiss49 said:

She has no greencard and she said that she can apply for a greencard ten years from now which her other friend told her that.

She has to AOS (adjust status). That is, she has to apply for the green card RIGHT NOW. She won't do it as someone who had a K1 because she got married after the 90 days. You can find the guides on VJ on how to AOS within the US.

 

I don't understand why she thinks she has to wait 10 years to apply. That is dumb. Plus, if she separated/divorces, she won't be able to adjust status and get a green card. 

 

13 minutes ago, markiweiss49 said:

I told her that it's not true and she may be deported back to the Philippines. She told me that I don't know what I am talking about and she believes her friend. 

You are right. She could be deported if she does not apply for a green card. She can get deported at any time. Or they will have to spend money on a lawyer to show they got married and planned to AOS. It is $$$

 

I don't know where your friend is taking her information, but not applying for a GC now can get her in trouble. She also doesn't understand anything of the process which could get her in more trouble because she doesn't understand what foreigners can and cannot do while living in the US. For instance, hopefully her husband is paying taxes as married and putting her as a dependent. And hopefully she is not using medicaid or getting any other welfare benefit. And she should not be working (it can be forgiven if she AOS, but if she doesn't, it won't be forgiven).

 

Plus, if she does not AOS, she cannot work, she cannot get a drivers license, sometimes is even hard to get insurance or get in her husband's insurance. Basically, she would be doing nothing for 10 years!!! Why does she think that?!?!!?!

 

 

 

 

Edited August 2, 2017 by Coco8

[markiweiss49 4]

She is working  but don't know if it's under the table or not. She said after they got marry pass the 90 day period, they had sent in the application for her greencard and it was turn down. Also, they reported the marriage to the Philippines of New York and all the paperwork which they had sent to them was returned to them becaused they got marry pass the 90 day period.

[A'n'L 735]

You're both right, but she would be taking a huge risk if she doesn't apply as soon as possible. She has no legal presence and is deportable. Furthermore, she cannot travel abroad not work until she applies and obtains documentation.

 

She'll need to file i130 in addition to the i485, since she is not eligible to file based on her K1 visa.

[Unidentified 2,930]

20 minutes ago, markiweiss49 said:

She is working  but don't know if it's under the table or not. She said after they got marry pass the 90 day period, they had sent in the application for her greencard and it was turn down. Also, they reported the marriage to the Philippines of New York and all the paperwork which they had sent to them was returned to them becaused they got marry pass the 90 day period.

If she hasn't applied for AOS she is 100% working illegally. 

 

I don't think it got returned because they married passed 90 days. Must have been another reason. 

Edited August 2, 2017 by Unidentified

[geowrian 22,335]

18 minutes ago, markiweiss49 said:

She is working  but don't know if it's under the table or not. She said after they got marry pass the 90 day period, they had sent in the application for her greencard and it was turn down. Also, they reported the marriage to the Philippines of New York and all the paperwork which they had sent to them was returned to them becaused they got marry pass the 90 day period.

Under the table or not, it's unauthorized employment.

 

Since she married after the 90 days, she cannot AOS based on her K-1. But she can still AOS based on her marriage to a USC (concurrently file I-130 + I-485).

 

She applied for AOS and was denied? Did she say why? Either way, she is currently out of status and deportable until she refiles.

[Coco8 1,039]

28 minutes ago, markiweiss49 said:

all the paperwork which they had sent to them was returned to them becaused they got marry pass the 90 day period.

Most likely, she sent the wrong paperwork and it was returned. I am focusing on the word "returned" here. Sometimes USCIS returns an application because there is something wrong. Like you filed the wrong paperwork, you sent the wrong cheque amount, or something like that.

 

Having an application denied is a long process. More likely, you will get request of evidence if you forgot to send something or they need more evidence of bona fide marriage or financial sponsorship. After they get all the paperwork and she gets the EAD (which is an authorization of employment), she would have an interview at an office with an USCIS official. All that has to be done before you get denied. (Unless you don't answer letters and it gets denied because you never answer their requests).

Edited August 2, 2017 by Coco8

[PedroDaGr8 245]

4 minutes ago, Coco8 said:

Most likely, she sent the wrong paperwork and it was returned. I am focusing on the word "returned" here. Sometimes USCIS returns an application because there is something wrong. Like you filed the wrong paperwork, you sent the wrong cheque amount, or something like that.

 

 

My guess is they sent the i485 and associated documents, like you would if you were married during the the 90 days. Since they married after the 90 days, then they needed the I130 as well. As such, in this case, the USCIS would return a package with only an I485 as not being correct since they got married after 90 days. 

Edited August 2, 2017 by PedroDaGr8

[Coco8 1,039]

49 minutes ago, PedroDaGr8 said:

My guess is they sent the i485 and associated documents, like you would if you were married during the the 90 days. Since they married after the 90 days, then they needed the I130 as well. As such, in this case, the USCIS would return a package with only an I485 as not being correct since they got married after 90 days. 

Right. If they did that they sent the wrong paperwork. So it wasn't really denied, but they did the incorrect procedure. 

 

So she can still get the GC with the paperwork you mention.

Edited August 2, 2017 by Coco8

[Cyberfx1024 7,978]

3 hours ago, markiweiss49 said:

Hello everyone, I am asking for my wife's friend and don't know if this is the right thread or not. My wife's girlfriend came to the states from the Philippines on a k-1 visa. However, she had marry her husband pass the 90 day period and that was one year ago. She has no greencard and she said that she can apply for a greencard ten years from now which her other friend told her that. I told her that it's not true and she may be deported back to the Philippines. She told me that I don't know what I am talking about and she believes her friend. The question is, am I right or am I wrong. Thank you for any replies.

Your friend can still adjust status and stay here in the US because she is married to a USC. So have her file the I-130 and the I485 for her to adjust status. Tell her to do it ASAP because as of right now she can be deported. If anything refer her to this site for them to get help. There are many of us over in the Philippines subforum that can help.

[Ksenia_O 695]

3 hours ago, Coco8 said:

. hopefully her husband is paying taxes as married and putting her as a dependent. 

 

 He can clime her exemption if they file separate return and  she has no gross income.. Or an exemption for Joint Return.

But  he cannot claim  her as a dependent on their tax return. The IRS makes this very clear.

[Cathi 5,611]

4 hours ago, markiweiss49 said:

She is working  but don't know if it's under the table or not. She said after they got marry pass the 90 day period, they had sent in the application for her greencard and it was turn down. Also, they reported the marriage to the Philippines of New York and all the paperwork which they had sent to them was returned to them becaused they got marry pass the 90 day period.

If she's working, it's illegal. Period. If she lied to her employer about being a citizen she's screwed.