Stuck

[Diane and Chris 651]

59 minutes ago, Visitor User said:

I guess it does not  hurt to hire a lawyer and see if she can self file?

Self file for what?

[Villanelle 4,121]

I believe the statement about possibly self filing is re- VAWA. It also could refer to getting a work visa. (I know visitor user is filing work visa).

 

It is highly unlikely the OP qualifies for a work visa and would be able to obtain one right away.

 

It has also been discussed that VAWA is not an option based on what she has posted so far. While NikLr is right that it is abusive to keep someone illegal maliciously- its not enough on its own to qualify for VAWA. I would be weary to use any attny that proposes such or assists in creating a VAWA case where there is none. 

[NikLR 13,220]

1 minute ago, Damara said:

I believe the statement about possibly self filing is re- VAWA. It also could refer to getting a work visa. (I know visitor user is filing work visa).

 

It is highly unlikely the OP qualifies for a work visa and would be able to obtain one right away.

 

It has also been discussed that VAWA is not an option based on what she has posted so far. While NikLr is right that it is abusive to keep someone illegal maliciously- its not enough on its own to qualify for VAWA. I would be weary to use any attny that proposes such or assists in creating a VAWA case where there is none. 

Which is why I didnt state it was abusive, just manipulative and controlling.  There would have to be a totality of circumstances to qualify as abuse. 

[Visitor User 229]

22 minutes ago, Diane and Chris said:

Self file for what?

VAWA?

[Cathi 5,609]

9 hours ago, Maria711 said:

Easy to say if you do not love the person.

Do you not love your child even more?

[NikLR 13,220]

The OP doesnt really qualify for VAWA based on their posts.  Not helping your spouse adjust status on it's own isn't enough for vawa.  The OP has a child at home who likely misses their mother very much. I wish her the best and much happiness. 

Edited December 9, 2018 by NikLR

[NYCruiser 423]

11 hours ago, Maria711 said:

Easy to say if you do not love the person.

If loving someone is more difficult than NOT loving that person, you got your answer.

[WaterLeaf 199]

While it can take two to do successful future building Together, but either is powerful enough to decide their own future.

 

OP,  you know something is wrong and if he isn't going to help you have to go your way because you know what is better.

 

As I see some suggestive posts about you returning home, might as well do that and see how does your husband react. Would he change his mind and decide to act and push helping you to get things together afterward the event happened? Or would it he not doing much of a help like a real family (Why marriage happens?)

 

Just some thought.

[Dashinka 23,209]

10 hours ago, theresaL said:

I read your previous posts from June and July and I'm a little confused. In July you said you were pregnant and had just gotten married to your fiance, but in this thread you state you got married in August. Also, you said your husband spent your "immigration" money. This doesn't sound like you  came here just to visit your aunt, but to husband shop.

 

I'm sorry that it hasn't worked out the way you envisioned it would, but you can always go back to your country. Maybe you could ask family to help you with the cost of the plane ticket? I'm sure your aunt would be willing to help you out of a bad situation. You are currently accruing overstay of your B visa and since you haven't filed AOS you are out of status with no legal standing. I don't think VAWA applies to you because you have no status. Someone correct me if I'm wrong. Your best choice is to go back to your country, file divorce and start again.

I am confused as well.

[gregcrs2 1,777]

10 hours ago, theresaL said:

I read your previous posts from June and July and I'm a little confused. In July you said you were pregnant and had just gotten married to your fiance, but in this thread you state you got married in August. Also, you said your husband spent your "immigration" money. This doesn't sound like you  came here just to visit your aunt, but to husband shop.

 

I'm sorry that it hasn't worked out the way you envisioned it would, but you can always go back to your country. Maybe you could ask family to help you with the cost of the plane ticket? I'm sure your aunt would be willing to help you out of a bad situation. You are currently accruing overstay of your B visa and since you haven't filed AOS you are out of status with no legal standing. I don't think VAWA applies to you because you have no status. Someone correct me if I'm wrong. Your best choice is to go back to your country, file divorce and start again.

Yes, certainly a few "holes" in this story.  

[gregcrs2 1,777]

12 hours ago, theresaL said:

I read your previous posts from June and July and I'm a little confused. In July you said you were pregnant and had just gotten married to your fiance, but in this thread you state you got married in August. Also, you said your husband spent your "immigration" money. This doesn't sound like you  came here just to visit your aunt, but to husband shop.

 

I'm sorry that it hasn't worked out the way you envisioned it would, but you can always go back to your country. Maybe you could ask family to help you with the cost of the plane ticket? I'm sure your aunt would be willing to help you out of a bad situation. You are currently accruing overstay of your B visa and since you haven't filed AOS you are out of status with no legal standing. I don't think VAWA applies to you because you have no status. Someone correct me if I'm wrong. Your best choice is to go back to your country, file divorce and start again.

To add to the confusion:

OP's previous posts stated her visa expires on Sept. 30th, yet she also stated she had a return airline ticket for October 3rd.

OP stated she was here on a B1/B2 visa to visit her Aunt.  Yet she spent her Immigration money and sold her house and car back home.

 

 

[Crazy Cat 39,192]

6 minutes ago, gregcrs2 said:

To add to the confusion:

OP's previous posts stated her visa expires on Sept. 30th, yet she also stated she had a return airline ticket for October 3rd.

OP stated she was here on a B1/B2 visa to visit her Aunt.  Yet she spent her Immigration money and sold her house and car back home.

 

 

Well, it is certainly puzzling....but she could have arranged the sale of her house while she was here in the US.  She said her husband spent her immigration money....which could have been the proceeds of the sale (which could have been arranged after she was in the US).

 

I don't know....I'm just speculating...hopefully, the OP will return and clarify.....

[Maria711 2]

@theresaL

 

Number 1, wrong accusation about husband shopping. That's absurd and I have a return ticket. (Now you wouldn't know that because you just assumed.)

 

Number 2, I didn't say I wanted a VAWA.

 

Number 3, do I need to declare that I had miscarriage complete with the paperwork from the health clinic? 

 

There are sensitive information that should just be kept in private about what I have gone through and I posted my situation here to see help, not to get bashed at. 

 

You were a K1 visa. I expect more compassion from someone who needed help before. 

 

I would love to meet with you and show you all these documents and tell you the whole story just to let you know you are wrong in many aspects.

 

Just remember:

"Every person you meet is fighting a battle you know nothing about. Be kind...always."

 

Edited December 9, 2018 by Maria711

[gregcrs2 1,777]

OP, since you came here to visit your Aunt, is there any reason she can't help you with money for an airline ticket back home?  

[JFH 12,189]

Looks like there are now more questions than answers. 

 

If I had left a child behind, I wouldn’t even need to ask what to do next. Surely the love for your child is stronger than the desire for a new life in America?