JeroenAndMichelle

I know it is highly recommended that if he was 2 stay outside the US for longer than 6 months he should have had a re-entry permit. Technically yes he could come back and shouldn't have any issues but that all depends on the POE and the entry officer that interviews them. They have the final say when he tries 2 go through immigration. They would make the determination if he "abandoned" his PR status.

yes you can traval out side of the us for one month,but remember july 17 your green card expires,so married you count backwards 90 days minus, that come to around after april 19 2011 you can file the 1-751 to remove conditions, not before april 19,you should home in time start to gather all your evidence, and tax transcripts,photos,if you did al ready, good luck,

1) The attorney you retained is a crook. I can state that, having never seen him, not knowing his name, based on 2 things:
a) his out-of-this-world, kick me in the face until I'm bleeding like a pig fee. For comparison, Visa Associates charges a $350 flat fee for the same service.
b) the VAWA nonsense.
Anybody who did his homework understands what needs to be done here, and I'll tell you what it is, free of charge.
If you don't live in harmony with your husband anymore, you need to file singularly, with a waiver. For your petition to be approved, you need to be divorced. So the first thing I tell you before going even to the bathroom is: get a divorce going before going to the bathroom.
Secondly, what you need to prove for the R.O.C. is that you entered, entered, yes entered the marriage in good faith. Nothing else. If you want to file based on VAWA, you need to do the same, but, in addition, in addition, you need to provide proof of the abuse. Now, why would you make this case more difficult as it has to be? You wouldn't, but your attorney does. Why? To milk you like a cow giving dollar bills, of course!
You need to get rid of the crook, and you need to get your divorce going, now. Immediately!
You file as soon as you are divorced. If you can't get divorced before your Green Card expires, file your I-751 one week to nine days before it expires. You'll get a 1-year extension and and RFE a bit later. That will buy you time, valuable time you need, although about ony 88 days. If you are not divorced by October, when the RFE time's up, ask again and I'll tell you what to do. Free of charge.

I would hold items through Citizenship, if you plan on citizenship as a next step.

I also thought of the exact same thread too. Especially when she made her comment about her aunt and their argument one week later. I don't know if he abuse story is true or not. It makes me wonder why her fiance was so mad at her. Maybe he figured out he was being used. The fact that she found someone to marry her so soon just has "scammer" written all over it.
I wonder if the OP's name is Wilma?
Here's the link to the suspected thread.
http://www.visajourney.com/forums/topic/278501-divorce-after-1-month-in-uslong-sad-story/

the OP reminds me of the ex-wife of a VJ member who posted a little bit ago about his wife coming here and after short time she started arguing with him a lot and the aunt took her into her home and this girl after a few weeks found another bf and wanted the VJ member to still sign the paperwork for her to be able to marry the new guy...also the new bf called the petitioner asking him to do this also...I swear this looks like the OP is that VJ member's ex-beneficiary.

In order to understand why the responses have been offensive you have to take an unbiased look at what you've done, and the timeline in which you've done it.
You came to the US with the presumed intention of marrying the US citizen who sponsored you. Within a week you broke off that relationship claiming you were abused and went to stay with your aunt. Two weeks later you found a new boyfriend on the internet. Two weeks after that you and he are dating. A bit over 3 months after arriving in the US, you married your new boyfriend.
Any casual reader would see the above scenario as a bungled attempt to manipulate the immigration system. Sorry if that's offensive, but that's the truth.
You can't get a green card based on the claim of abuse because you weren't married to the abuser. You can't get a green card based on your new marriage because you entered with a K1 and didn't marry the petitioner. Unless you have a valid claim for asylum, you have no basis to get a green card and stay in the US. You are currently out of status. If you remain in the US for more than six months beyond the expiration of your I-94 then you'll be banned from the US for three years, and your new husband will need to file a hardship waiver in order to get you a visa so that you can return, presuming your new husband is a US citizen and not an LPR.
You either didn't do your research well enough, or you made a catastrophic series of mistakes in your personal decisions.
Sorry, you have to return to your home country.

1. You are out of status from the day your I-94 expired. You cannot adjust status, i.e. obtain a green card, in anyway right now except to marry the person who petitioned you. And if I am reading this correctly you have already married someone else. If you remain more than 180 days past the expiration of your I-94 you will receive a three year ban upon leaving the US. If you are found while you are out of status you will be deported and receive an even longer ban.
2. Your options right now for remaining legally in the US and adjusting status are ZERO. You need to return home and your husband start the CR-1 process, see the guides at the top.
3. Be prepared for a very, very difficult time obtaining the CR-1 visa. Given that you are from a high fraud country, you came to marry one man, left this man, met another on chat and married him a few weeks later is like an almost guaranteed denial of a visa. You will need a mountain of proof that this marriage is legitimate.

Then tell your story truthfully. then seek advise and help. Marriage frauds are not that complicated to figureout.

Oh but immigration does know your story, they see cases like this everyday, and it is called FRAUD. The only way out is to go back home before the 194 expires. Your situation is no different than anyone else from a 3rd world country. If you choose to stay, please remember these kind word, your life will never be your own, because you will always be looking over your shoulder to see if I.C.E. is behind you.
Good luck on whichever journey you chose.

We don't mean to be offensive.. I understand based on your post you've probably been through something hard. Maybe you did love your K1 petitioner but your post, and your willingness to move on so soon makes it appear there was no real love there.
If I were in your shoes, if that happened to me I would have been out of the US so fast. If I had family here to support me I'd go and visit them while I waited for my flight out of the US... maybe to help lick my wounds a bit... but I certainly wouldn't hop online 2 weeks later and start dating someone else.
As sad as it is, there's nothing you can say that will make it seem like you meeting someone online and becoming romantically involved with them 3 weeks after arriving in the US on a K1 visa to someone else, is part of some deeper story. You said we don't know the situation of you coming here, okay, that makes it sound like your union with your K1 wasn't a love union. Your situation... who knows what that means but no matter what you say, you either entered with a K1 for fraudulent reasons, or you plan on staying in the US for fraudulent reasons. I don't know anyone who is actually abused that can move on so quickly.. I assume kudos to you is in order.
You either knew this person beforehand and that makes it look like you used your K1 petitioner to get here to marry him (not knowing the rules stop you from AOSing via this person), or you met this random person online and after 2 weeks of knowing this new person plan on marrying him AND were able to convince him to sponsor you. No matter which way you look at it, it's immigration fraud.
No matter what, you have until your I-94 expires to leave the US. You can never adjust status to remain in the US legally without your K1 petitioner. That was your qn which has now been asked and answered. You must leave the US, you have no choice.
**Edit - I was wrong, you do have a choice. You can leave the US before your I-94 expires and maintain a good standing for visa eligibility, or you can try and stay in the US out of status, unable to leave, unable to work (legally) and roll the dice on whether ICE will catch you.
Good luck with your decision.

Not trying to offend the OP but this smells fishy!
First, the new BF wants to marry her because he "feels pity of what had happened to her" so in essence he wants to marry her just so she can get an immigration benefit, that's fraud.
Also, in a real abuse situation wouldn't she still be recovering from the ordeal of moving to the US and being abused. I mean really after 2 weeks she's trolling the internet looking for another Kano?
Finally, what a coincidence that the first Kano lived so close to her kind Auntie who rescued her.
I mean it really sound slike somthing was going on from the get go here.
@OP, sorry with K-1 entry you can only adjust status based on marriage to the original K-1 petitioner. This is to protect him for situations like this. You must return the the Philippines and get the new BF to spend thousands of dollars to bring you back. FWIW, you visa was no longer valid once you used it to enter the US, now the I-94 validity is what allows you to stay for 90 days, if you overstay then you will complicate getting another visa of any kind.

As stated no, it will not work. The K1 visa ONLY allows your to adjust status with the person who petitioned you. You can marry your new bf if you want, but you will be unable to stay and adjust your status. You will have to leave the country and apply for a new visa. If you're married it will be a Cr-1 visa, if you're just engaged it's another K1. Be prepared for this new relationship to undergo a LOT of scrutiny given the circumstances surrounding your meeting.
It looks VERY suspicious that you happen to meet someone else while in the US on a K1 just DAYS after arriving, and then that in the span of 2 weeks of knowing you, you're both in love enough to marry? You also stated he felt "pity for you", that's not love so him offering to adjust your status is immigration fraud (not that it matters here but it's still fraud). Not to mention it's pretty obvious from your post that you went online with the explicit purpose of meeting someone else. It took you 2 weeks to move on from someone you APPARENTLY loved enough to apply for a K1... that alone looks suspicious.
** moved from "Adjustment of Status (Green Card) from Family Based Visas" to Effects of Major Family Changes on Immigration Benefits as this is a more appropriate location**

Not to be taken the wrong way but did you not learn your leasson the first time..after 1 week you end your first relationship and within 2 weeks you have met someone else and are getting married...Can you say "red flag"

Agreed. Heck, voluntary temporary foster care would be better than that. But the best option (imo) would be seeking refuge in a shelter or getting help from a charity organization. What that baby needs is his mother, and vice versa. The g'mother could then allow private access for the father, then what? This man is a danger to his wife, and his child. If he wants to destroy himself, that's his choice.

I disagree.......giving the baby to the mother should be the last thing she does, if she has absolutely no other choice and can't take care of her child. The mother (and father) can later claim abandonment and use that against her to gain custody. You never know what people will do when it comes to their families, especially a mother and son, even if she knows he is in the wrong..........
A shelter would be a better option than that.

Where do you get your information....? Her Husband is Required to help her. CPS can take that child away.. it's more than getting away from the husband.... Hello she aint working ... she aint got no place to grow the child... she's on welfare... she cant provide. Dont you see..? She was dependent upon the US. Citizen who took her here who then fell short..!

Awww.. I'm sorry this happening to you. I can relate to your story too.. My husband is a drug addict too... I know how it is like to find your love on porn sites, dating sites..porn at home..no money. I went thru this recently.. Started to be abusive. I couldn't take it anymore one night i called the police took him to jail. We got restraining order for 1 year. During this time he went to anger menagment classes, attended AA meetings, went to the doctor and got himself pills that suppose to help in drug addiction and for bipolar disorder... He was clean for 7,5 months. Relapsed once <thank god> Today he is been clean for 3 months.He doesn't attend AA meetings anymore. He stopped taking pills (without doctor approval) And he is going crazy again and abusing me... I have no hope for better anymore.. My advise is to leave him people like that never change. Do it for the best for your son and for yourself.

Don't worry about it... I have been arrested in 1998 for something once, also something minor, and they actually did file charges and I actually went to court, but I am still here (I went through the interview at the embassy, the AOS and all that without much hassle.. currently waiting for the removal of the conditions but not too worried about that now). I doubt it will be any problem for your removal of the conditions as nothing serious happened.
However, be sure to tell them about it, though. Where the question says 'have you ever been arrested.. etc etc', you should answer 'yes' as they can check this kind of information in their computers. I know someone (ok, his case was not for removal of conditions but for a citizenship) who got denied citizenship because he entered 'no' while they saw he did get arrested once, even though there were no charges filed and he never went to jail they still knew. They stated that he was denied because he lied, not because of the arrest (he is actually eligible to try again in 5 years).. if he actually said yes to the question, he would probably have had his citizenship without problem I'm just saying, make sure to be honest about it, and make sure to file copies of every piece of document as extra evidence, preferably with a short explanation of the situation (but don't go about a county who dislikes latinos because, like the person above me also said, they were following the law).

I'm soo sorry about your situation..NO ONE deserves to be treated this way. I hope all works out for you, but try to take it easy. you've done all you can to try to find him by reporting him missing to the police. All you have to do now is stay strong and take care of your unborn child and God will take care of the rest. If after a while he doesn't show up, do report him to ICE and if he tries to ROC from his 2yr Green card he'll have a hard time doing it. Again i'm sorry for what you're going through. God bless.

Have you considered getting a private investigator? sometimes they find out more than the police do. The whole thing does sound strange if its not in his nature.