K1 to U1
#16
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Re: K1 to U1
K cannot apply for AOS, the law on this is very strict. Assuming she could qualify for a U visa, she would be stuck in limbo after 3 years See this case.
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Now, more generally, the U visa is backlogged, capped at 10000 visas per year. USCIS gives applicants who have been "pre approved" the right to get an EAD
A law enforcement officer certifies that the victim is cooperating .
A relative worked in an immigration office in Florida that handled U and VAWA visas exclusively, she was able to do this only for 6 weeks - very difficult work
As Rete suggested, going back home is likely the best option.
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Now, more generally, the U visa is backlogged, capped at 10000 visas per year. USCIS gives applicants who have been "pre approved" the right to get an EAD
A law enforcement officer certifies that the victim is cooperating .
A relative worked in an immigration office in Florida that handled U and VAWA visas exclusively, she was able to do this only for 6 weeks - very difficult work
As Rete suggested, going back home is likely the best option.
I think that Geoff's question is quite academic. He said she was prepared to go home. But why not explore the other options, obviously K was not averse to living in US and has some kind of support system here. Personally I have no info to give, but it is an interesting, but sad, scenario.
The embassy will be paying for her flight her because she quite literally has nothing. All her savings are gone, and never would have lasted long in the US anyway. She has no income, or any legal way of making any income. Her "sponsor" is deadbeat. But I'll relay the information jxv73 gave which will likely give the last nudge to just go home.
Last edited by GeoffM; Aug 4th 2018 at 4:37 pm.
#17
Re: K1 to U1
Your speculation is distasteful to say the least. Why on earth - HOW on earth - would somebody somehow arrange to be beaten up by her partner in order to somehow end up with a green card? It makes no sense whatsoever. You, of all people, I would have hoped to give a measured and considered response. Do you want the photos for proof?
Right, that's the kind of information I was looking for. She was told it would be years and years of effort so that tallies with the above - thank you.
Exactly. When you've been dating somebody for a long time, make the decision to move to foreign lands, sell off your stuff to pay for it, and then make the trip... wouldn't you want to try to get over the speed bump rather than just give up and go home with your tail between your legs? There is also a culture thing of her returning home 2-3 months after a big send-off - hard to explain but a SE Asian thing.
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Right, that's the kind of information I was looking for. She was told it would be years and years of effort so that tallies with the above - thank you.
Exactly. When you've been dating somebody for a long time, make the decision to move to foreign lands, sell off your stuff to pay for it, and then make the trip... wouldn't you want to try to get over the speed bump rather than just give up and go home with your tail between your legs? There is also a culture thing of her returning home 2-3 months after a big send-off - hard to explain but a SE Asian thing.
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So you are saying based on the facts that she has so much money, time and effort invested in the K-1 and because she will lose face by returning home, that she should pursue the U-1 so that she can remain in the US and at some point achieve permanent residency. So you are saying the same thing you are accusing me of saying.
We use the word dating with these relationships but it isn't dating. Talking on the phone, Skype, facetime, is not the same as face to face dating on a weekly basis and getting to know you partner. Everything is on blind faith. While this abusive relationship more often than not happens to young women from the Philippines, Thailand, etc. it is not limited to just those countries.
Frankly, if she is not going to be press charges against this man for his criminal behavior, then she should take up the offer from her Consulate of a free trip home to try and mend her broken faith, trust and life and tell her culture to F itself.
Last edited by Rete; Aug 4th 2018 at 5:02 pm.
#18
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Re: K1 to U1
Whoa. I know you are upset on behalf of this young woman and I applaud you and your wife for taking her in. I wasn't hinting that she put herself in this position to gain a green card. I asked why doesn't she just get on the plane and go home to family and friends who will comfort her and help her through this nightmare. What is the reason that she should pursue an U-1 status unless she is attempting to remain in the US. I know you are exploring this option for her but why? What do you hope she can accomplish?
We use the word dating with these relationships but it isn't dating. Talking on the phone, Skype, facetime, is not the same as face to face dating on a weekly basis and getting to know you partner. Everything is on blind faith. While this abusive relationship more often than not happens to young women from the Philippines, Thailand, etc. it is not limited to just those countries.
She would not be the first to do so, and she won't be the last. It's a terrible situation but ultimately going home - well, actually the plan is to her brother's in a different area - will probably be best.
#20
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Re: K1 to U1
The US one? Well, four long trips over a year, and in this case only a 5 year age gap. But in general I see your point. In fact, PI airport immigration (they have exit as well as entry immigration) actually block foreign travel by young Filipinos with older foreigners if trafficking or other nefarious activities is suspected. Inevitably some perfectly legitimate journeys get cancelled/postponed because of it.
#21
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Re: K1 to U1
She came to the US planning to be with that person and stay in the US with him. It didnt work out for reasons you have said. But still she wants to stay to get the GC. Only way to do that is to use what has happened no?
I guess to me the best option is to go back home, regardless of losing face or whatever.
All opinions off course and if you dont like to hear opinions you dont agree with then dont post on a public forum.
#22
#23
Re: K1 to U1
You know Geoff, you are a great guy. Again, I admire what you and your wife have done for this woman. I'm stepping away because you are misinterpreting my posts and seeing only what you want to see. I understand your wife shares the same culture with this young woman and that helps tremendously.
#24
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Re: K1 to U1
Apologies.
She was looking for options.
I asked for advice. Not speculation.
I asked for advice. Not speculation.
#25
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Re: K1 to U1
You know Geoff, you are a great guy. Again, I admire what you and your wife have done for this woman. I'm stepping away because you are misinterpreting my posts and seeing only what you want to see. I understand your wife shares the same culture with this young woman and that helps tremendously.
#26
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Re: K1 to U1
The US one? Well, four long trips over a year, and in this case only a 5 year age gap. But in general I see your point. In fact, PI airport immigration (they have exit as well as entry immigration) actually block foreign travel by young Filipinos with older foreigners if trafficking or other nefarious activities is suspected. Inevitably some perfectly legitimate journeys get cancelled/postponed because of it.
Seem to see very similar cases several times a year and I am sure that is only the tip of the iceberg.
And of course ones who disappear at the Airport.