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ABANDONED SPOUSE

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  • ABANDONED SPOUSE

    Client marries US soldier 2/14/2006. She and her 2 children enter US 12/12/2007 on K3 Visas which expire 11/14/2009. Husband files I-130, I765. I-130 approved and I-485 filed. He abandones her. USCIS issues Request for Initial Evidence for I-485 application requesting completed and signed I-864. 87 days go by and USCIS denies I-485 due to failure to submit I-864. They deny all applications related to I-485 and any documents previously approved related to I-485 are revoked/terminated. She is deemed to be in US without lawful immigration status and is required to depart within 30 days.

    Would she and children be allowed to stay as per K-3 Visa?
    Can Visa be extended?
    Her father is a LPR and will be naturalized withing 18 months. If he adopts children can he then file for them as an immediate relative once he naturalizes?

    Thank you.

  • #2
    Client marries US soldier 2/14/2006. She and her 2 children enter US 12/12/2007 on K3 Visas which expire 11/14/2009. Husband files I-130, I765. I-130 approved and I-485 filed. He abandones her. USCIS issues Request for Initial Evidence for I-485 application requesting completed and signed I-864. 87 days go by and USCIS denies I-485 due to failure to submit I-864. They deny all applications related to I-485 and any documents previously approved related to I-485 are revoked/terminated. She is deemed to be in US without lawful immigration status and is required to depart within 30 days.

    Would she and children be allowed to stay as per K-3 Visa?
    Can Visa be extended?
    Her father is a LPR and will be naturalized withing 18 months. If he adopts children can he then file for them as an immediate relative once he naturalizes?

    Thank you.

    Comment


    • #3
      Interesting! I Am Sure Some Responses To your Questions Will Show Up Before later tonight.
      USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

      Comment


      • #4
        How dare you accuse an American soldier - a guardian of liberty - of such a thing !!! You are a scammer !!!!

        GOD BLESS AMERICA AND THE MEN THAT ARE FIGHTING FOR FREEDOM - AND NO ONE ELSE !!!

        http://images.google.com/imgres?imgurl=http://teachpol....1%26hl%3Den%26sa%3DN

        Comment


        • #5
          Told You Answers Coming! . What Lawyer Would Ever Ask For Answers Here??? What Lawyer Would Not Think About The Military Situation Pertaining To The Supposed Deserter of the Wife. Right at 2 Years At That! . Appears the Military Party Came to His Senses! Either a Test? Scammer? Or Someone Pretending?.
          USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

          Comment


          • #6
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Harvey Eilbaum:
            Client marries US soldier 2/14/2006. She and her 2 children enter US 12/12/2007 on K3 Visas which expire 11/14/2009. Husband files I-130, I765. I-130 approved and I-485 filed. He abandones her. USCIS issues Request for Initial Evidence for I-485 application requesting completed and signed I-864. 87 days go by and USCIS denies I-485 due to failure to submit I-864. They deny all applications related to I-485 and any documents previously approved related to I-485 are revoked/terminated. She is deemed to be in US without lawful immigration status and is required to depart within 30 days.

            Would she and children be allowed to stay as per K-3 Visa?
            Can Visa be extended?
            Her father is a LPR and will be naturalized withing 18 months. If he adopts children can he then file for them as an immediate relative once he naturalizes?

            Thank you. </div></BLOCKQUOTE>

            Hello Haryvey

            Previously in several threads we told you that this was coming.



            Would she and children be allowed to stay as per K-3 Visa?

            NO. all petitions have been revoked.

            Can Visa be extended?

            No. all petitions have been REVOKED! They must depart within the 30 days or illegal presence will start.

            Her father is a LPR and will be naturalized withing 18 months. If he adopts children can he then file for them as an immediate relative once he naturalizes?


            These childern must return to their home country per the instructions of uscis. Adoption cannot be used as a means to circumvent uscis laws and procedure. If the home country will allow the father to adopt these children (however on what grounds will he be adopting them.?? mother abandons them or what???) I believe that there is a timeframe that must be satisfied. Also uscis will look at the big picture and decide if the adoption was done to obtain green card .


            Best advice. tell her to go home and take her children with her. apply for student visa. or employment based, or meet new usc to marry her.
            In the meantime, find husband and get a divorce.

            Comment


            • #7
              Best advice! GO HOME!
              Why stay when you were abandoned
              and put your kids on the same fate?

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
                What kind of a wife she must have been for him to just walk out. I bet he did this to avoid a vawa action that he was being set up for. Good job. Soldiers are taught to evade the enemy when necessary. </div></BLOCKQUOTE>

                Exactly!!! Unfortunately Some Meet Very Worthy Adversaries!
                USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

                Comment

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