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Georgia16 Mentor

Georgia16   2,858

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My first year here was also very rough I had a very hard time adjusting to everything. I can only imagine being pregnant on top of all that with hormones and all. Not saying it's an excuse for her behaviour just saying that it could definitely be some of the problem along with the adjusting.

 

Your situation is hard. If you pull the I-864 she can't stay here legal in anyway and if she goes home now one of you will be without the child and the child with only one parent. 

 

 

Edited by Georgia16

 

 

 

 

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Shiran
Shiran

You said this multiple times. You also said she is "vindictive" In reality, I have no idea what it means in your story. What you can do, and what your right to was covered. I-864 is "your" form, it is

little immigrant
little immigrant

I was in a what I consider abuse relationship and I promised myself if I had gotten pregnant I would have left the US and he would have never even met his child. I would have not stayed but gone home

jamrep
jamrep

I would love to hear her side of the story

geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)
10 minutes ago, Jorgedig said:

Exactly.  My point was that if and when she has to depart the US, the baby will be going with her.

Unlikely. Family court may side with the mother more often than not, but immigration court is blind here.

 

Conversely, if she leaves now while pregnant, doesn't he lose his parental rights? And without even a court involved.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Hello729 Community Regular

Hello729   74

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Filed: K-1 Visa Country: China
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Thank you so much all for your timeless wisdom!  I am crying every day and pray for the knowledge what’s the right thing for me to do is.

Thank you so much, everyone!

DD5B56DF-4C70-4A4F-A074-C72EA2413B5E.jpeg

 

 

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SalishSea Grand Master

SalishSea   16,767

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Filed: Lift. Cond. (apr) Country: New Zealand
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Just now, geowrian said:

Unlikely. Family court may side with the mother more often than not, but immigration court is blind here.

In that case, I hope for the alien spouse's sake that she leaves the US before giving birth.

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Hello729 Community Regular

Hello729   74

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4 minutes ago, Georgia16 said:

My first year here was also very rough I had a very hard time adjusting to everything. I can only imagine being pregnant on top of all that with hormones and all. Not saying it's an excuse for her behaviour just saying that it could definitely be some of the problem along with the adjusting.

 

Your situation is hard. If you pull the I-864 she can stay here legal in anyway and if she goes home now one of you will be without the child and the child with only one parent. 

 

 

Thank you for your understanding.  My heart hurts every day and I feel like I am going to have a heart attack tomorrow.

Just now, Jorgedig said:

In that case, I hope for the alien spouse's sake that she leaves the US before giving birth.

She doesn’t want leave.  I even offer to buy her plane ticket home.

Thank you so much, everyone!

DD5B56DF-4C70-4A4F-A074-C72EA2413B5E.jpeg

 

 

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SalishSea Grand Master

SalishSea   16,767

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Just now, Hello729 said:

Thank you for your understanding.  My heart hurts every day and I feel like I am going to have a heart attack tomorrow.

She doesn’t want leave.  I even offer to buy her plane ticket home.

Well I am sure she would change her mind if she knew that eventually she will have to leave WITHOUT her new baby, which would likely effectively end her parental relationship with her child.

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Hello729 Community Regular

Hello729   74

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Filed: K-1 Visa Country: China
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3 minutes ago, geowrian said:

Unlikely. Family court may side with the mother more often than not, but immigration court is blind here.

 

Conversely, if she leaves now while pregnant, doesn't he lose his parental rights? And without even a court involved.

She does not want to leave and go back to her home country.  I even offer to buy her plane ticket home.  She is vindictive and she is trying to use the newborn against me.  

Thank you so much, everyone!

DD5B56DF-4C70-4A4F-A074-C72EA2413B5E.jpeg

 

 

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SalishSea Grand Master

SalishSea   16,767

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Filed: Lift. Cond. (apr) Country: New Zealand
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7 minutes ago, geowrian said:

Conversely, if she leaves now while pregnant, doesn't he lose his parental rights? And without even a court involved.

Function of human biology.

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payxibka Grand Master

payxibka   10,044

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Filed: AOS (apr) Country: Philippines
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1 minute ago, njde1988 said:
  • You need an attorney....besides the immigration issue you have much to loose with spousal and child support.

Maybe, maybe not, that why he NEEDS an attorney consultation post haste

YMMV

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Hello729 Community Regular

Hello729   74

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Filed: K-1 Visa Country: China
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1 minute ago, njde1988 said:
  • You need an attorney....besides the immigration issue you have much to loose with spousal and child support.

I am trying not to involve an attorney because I don’t want to lose the home that I own before the marriage.

Thank you so much, everyone!

DD5B56DF-4C70-4A4F-A074-C72EA2413B5E.jpeg

 

 

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geowrian Grand Master

geowrian   22,335

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, Jorgedig said:

Function of human biology.

And immigration laws.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Georgia16 Mentor

Georgia16   2,858

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Filed: Citizen (apr) Country: Denmark
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3 minutes ago, Jorgedig said:

Well I am sure she would change her mind if she knew that eventually she will have to leave WITHOUT her new baby, which would likely effectively end her parental relationship with her child.

Wasn't there a case with some actor that because he couldn't come here to see the kids (I guess visa or something) the kids actually got moved to his country and the mom have to visit. Just because the child is USC doesn't mean that they can just totally trumf all her rights to her own child that would be really wrong. I think she would still be able to seek custody or at leat visitation where I guess he will have to fly to her country with baby so she can see it since she can't go to the us.

 

 

 

 

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payxibka Grand Master

payxibka   10,044

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Filed: AOS (apr) Country: Philippines
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Posted (edited)
2 minutes ago, Hello729 said:

I am trying not to involve an attorney because I don’t want to lose the home that I own before the marriage.

An attorney will protect you to the extent allowed by law.   Going into this naked is the worst decision you can make 

Edited by payxibka

YMMV

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