Trying to help a friend in need

[cdavis2004]

I have a friend from the Philippines that married a man and was brought here. But was treated poorly and she returned to the Philippines. Her husband went there and talked her into returning here with him, but is now being treated worse. Its starting to get physical. The husband refuses to get her green card, and does not let her work or have a phone. She is just supposed to stay at home and clean.

My question is, is there anything I can do to help her? Can I go get her from CT and bring her back to my place in TX to help her out? She has no money for a lawyer, but wants to stay in the US and work. She really wants out of that house and is afraid of being there now. Would I be making a mistake by going to get her?

[inadmissible]

What immigration status does she have here in the United States? You say she doesn't have a green card, but it is unlikely that she has any means of coming here other than as a permanent resident. If so, she should leave, apply for a replacement green card (if he is holding on to or hiding her green card), divorce him, and move on with her life. If she has conditional permanent residency (for people who became permanent residents on the basis of marriage to a US citizen that was less than 2yrs old at time it was granted) she should try to complete her divorce before she needs to apply to remove those conditions

[cdavis2004]

What immigration status does she have here in the United States? You say she doesn't have a green card, but it is unlikely that she has any means of coming here other than as a permanent resident. If so, she should leave, apply for a replacement green card (if he is holding on to or hiding her green card), divorce him, and move on with her life. If she has conditional permanent residency (for people who became permanent residents on the basis of marriage to a US citizen that was less than 2yrs old at time it was granted) she should try to complete her divorce before she needs to apply to remove those conditions

She says that her green card was denied in 2015 because they were late sending the medical report. Her husband refuses to try again.

[inadmissible]

This is her second visit to the United States. What visa did she last used to gain admission?

[cdavis2004]

This is her second visit to the United States. What visa did she last used to gain admission?

She used the K1 Visa to get here, but when he went there to retrieve her she says she had "Advance Parole". Otherwise she was not allowed to come back.

[inadmissible]

Advance Parole is an ancillary benefit available in connection with an application to adjust her status to that of a permanent resident. She should find out (Infopass appointment?) if she has already become a permanent resident

[newacct]

It sounds like she came on K-1, married, applied for AOS (I-485), got Advance Parole, left the US and re-entered on Advance Parole while the I-485 is pending, and the I-485 got denied in 2015. OP, can you verify that that is what happened?

She could try to re-file I-485, but I'm not sure whether she can still file based on entering on K-1 and marrying, because she has since left and re-entered on parole; she might need a new I-130 petition from her husband to file now in such a case (not sure). In addition, to file I-485 should would also need an I-864 Affidavit of Support from her husband, which he may not want to give.

If there is abuse, she can also try to get a green card through VAWA.

Otherwise, there isn't much she can do to stay here.

[cdavis2004]

It sounds like she came on K-1, married, applied for AOS (I-485), got Advance Parole, left the US and re-entered on Advance Parole while the I-485 is pending, and the I-485 got denied in 2015. OP, can you verify that that is what happened?

She could try to re-file I-485, but I'm not sure whether she can still file based on entering on K-1 and marrying, because she has since left and re-entered on parole; she might need a new I-130 petition from her husband to file now in such a case (not sure). In addition, to file I-485 should would also need an I-864 Affidavit of Support from her husband, which he may not want to give.

If there is abuse, she can also try to get a green card through VAWA.

Otherwise, there isn't much she can do to stay here.

Yes that what happened, but she says it was only denied because they sent the medical results late.

[sololivas]

I have a friend from the Philippines that married a man and was brought here. But was treated poorly and she returned to the Philippines. Her husband went there and talked her into returning here with him, but is now being treated worse. Its starting to get physical. The husband refuses to get her green card, and does not let her work or have a phone. She is just supposed to stay at home and clean.

My question is, is there anything I can do to help her? Can I go get her from CT and bring her back to my place in TX to help her out? She has no money for a lawyer, but wants to stay in the US and work. She really wants out of that house and is afraid of being there now. Would I be making a mistake by going to get her?

What part of Texas is she in? Because of the situation she is in I would say VAWA would be the way to go in order for her to gain her legal status. I ask her location because I live in Houston. Here we have a women's center and they help with legal stuff like vawa and also offer shelter if available. Sounds like she needs somewhere to go and quick. They pr Balt have something similar where she lives.

[KristineMontgomery]

Great.. You must always help your friends, when in need.