Change of Status of K1 due to violence

[sweetdaddy 0]

Hello everyone,

I am new to forum, so I wanted to say hello and with my first post I am looking for some answers for a friend. Thanks, in advance for your input.

Here is the situation:

A girl I met in Brazil. came over on a Fiance Visa with another guy a couple months ago. We have remained friends and stayed in contact via email and occasional phone calls since she arrived in the U.S. About 2 weeks ago, she called me crying saying that the ex-wife of her boyfriend beat her up with the help of her adult daughter. This was at a public event and the police were called and the ex-wife was arrested along with my friend's boyfriend. The boyfriend was arrested for hitting the ex-wife to get her off of my friend. My friend was hurt badly and she told me the police took pictures of her scares and bruises. My friend was at home scared because she has no one to help her out as she does not know anyone in the city or in the U.S. beside me. Since she lives many states away from me it was not much I could do.

She is in the last 30 days of the visa and now does not want to marry this guy, but she does not want to go back to Brazil. The boyfriend is apologetic and wants to marry her immediately. She wants to stay here so she will probably marry him just to get her documents.

I remember talk about a change of status of a visa if the woman was abused. My question is: Would this case qualify for her to get a change of status of her visa without marrying this guy????? Thanks for any help here.

Edited June 23, 2009 by sweetdaddy

[Danu 19]

Hello everyone,

I am new to forum, so I wanted to say hello and with my first post I am looking for some answers for a friend. Thanks, in advance for your input.

Here is the situation:

A girl I met in Brazil. came over on a Fiance Visa with another guy a couple months ago. We have remained friends and stayed in contact via email and occasional phone calls since she arrived in the U.S. About 2 weeks ago, she called me crying saying that the ex-wife of her boyfriend beat her up with the help of her adult daughter. This was at a public event and the police were called and the ex-wife was arrested along with my friend's boyfriend. The boyfriend was arrested for hitting the ex-wife to get her off of my friend. My friend was hurt badly and she told me the police took pictures of her scares and bruises. My friend was at home scared because she has no one to help her out as she does not know anyone in the city or in the U.S. beside me. Since she lives many states away from me it was not much I could do.

She is in the last 30 days of the visa and now does not want to marry this guy, but she does not want to go back to Brazil. The boyfriend is apologetic and wants to marry her immediately. She wants to stay here so she will probably marry him just to get her documents.

I remember talk about a change of status of a visa if the woman was abused. My question is: Would this case qualify for her to get a change of status of her visa without marrying this guy????? Thanks for any help here.

No. The purpose of a K1 is to come to the states to get married to the petitioner. If she doesn't marry him she must leave, she cannot stay legally in the country any other way. If she gets married to him just to fulfill the paperwork there is a huge risk that they will find out it is just to stay in the country and get her on marriage fraud which will result in a lifetime ban. She would have to prove that she entered the marriage in good faith, which based on what you just wrote, will be hard to do.

The conditions for the woman being abused would also be by the petitioner, not by his ex. As from what you have said he didn't hurt her at all, and tried to help get the ex off her, it wouldnt apply. I also don't understand if she really loved him why in this case she wouldnt want to continue with him, there are such things as restraining orders.

[JimVaPhuong 4,863]

I've rewritten my response a half dozen times, and there's just no way to say this without sounding callous, so I'm just going to say it.

I think your friend is a fraud who came to the US just for a green card. Her willingness to give up her fiance because of a fight with his ex-wife speaks volumes. I hope her fiance comes to his senses, and realizes that he's been duped.

I'd fight my fiancee's ex-husband and his entire family and not give up on her. I'd sacrifice my US citizenship and go live in some disease infested hell hole just to be with her. I can't fathom someone who would give up their fiance because of a fight with his ex-wife, and yet still want to go for a green card. Her priorities are painfully obvious.

[SCFsnoopy 0]

I've rewritten my response a half dozen times, and there's just no way to say this without sounding callous, so I'm just going to say it.

I think your friend is a fraud who came to the US just for a green card. Her willingness to give up her fiance because of a fight with his ex-wife speaks volumes. I hope her fiance comes to his senses, and realizes that he's been duped.

I'd fight my fiancee's ex-husband and his entire family and not give up on her. I'd sacrifice my US citizenship and go live in some disease infested hell hole just to be with her. I can't fathom someone who would give up their fiance because of a fight with his ex-wife, and yet still want to go for a green card. Her priorities are painfully obvious.

[Hell0W0rld 10]

I've rewritten my response a half dozen times, and there's just no way to say this without sounding callous, so I'm just going to say it.

I think your friend is a fraud who came to the US just for a green card. Her willingness to give up her fiance because of a fight with his ex-wife speaks volumes. I hope her fiance comes to his senses, and realizes that he's been duped.

I'd fight my fiancee's ex-husband and his entire family and not give up on her. I'd sacrifice my US citizenship and go live in some disease infested hell hole just to be with her. I can't fathom someone who would give up their fiance because of a fight with his ex-wife, and yet still want to go for a green card. Her priorities are painfully obvious.

true, i would do the same!! :thumbs: :thumbs: :thumbs:

[Gary and Alla 3,694]

I've rewritten my response a half dozen times, and there's just no way to say this without sounding callous, so I'm just going to say it.

I think your friend is a fraud who came to the US just for a green card. Her willingness to give up her fiance because of a fight with his ex-wife speaks volumes. I hope her fiance comes to his senses, and realizes that he's been duped.

I'd fight my fiancee's ex-husband and his entire family and not give up on her. I'd sacrifice my US citizenship and go live in some disease infested hell hole just to be with her. I can't fathom someone who would give up their fiance because of a fight with his ex-wife, and yet still want to go for a green card. Her priorities are painfully obvious.

She must marry or "return". There is no abuse here on the part of the petitioner. Trailer park brawls are not the same as VAWA abuse and doe not qulaify her to stay. It is a preposterous interpretation. She doesn't want to stay with a man that doesn't abuse her, but she wants to stay in the country where the woman that beat her up lives. Ridiculous. REEKS of fraud! And maybe it just so happens she will what, marry you? Marrying the man "for papers" is fraud.

And thank you, Jim for stating your feelings which are the same as many of us here who put our spouses/fiance(e)s #1.

[Susita 175]

It's not that odd, many girls have been in catfights over their boyfriends. Unfortunately they are grown-ups and that's not acceptable. But I'd kick some a$$ for my husband.

Sounds like somebody didn't really think this whole thing through. Shouldn't move to a different hemisphere for someone if you're not really in love with them. If love means kickin' some butt, or getting some butt kicked, that's what it takes.

If your friend still loves her husband, tell her to get a restraining order against the psycho-ex and his daughter. No one has the right to put their hands on her.

If she doesn't love him, she needs to go home. It's not fair to all of us who really are in love ... all this illegal immigration bs & fraud really makes it hard for us. Thanks.

[sweetdaddy 0]

Everyone,

Please excuse the way I presented this, however, there are other circumstances that she lives with on a day to day basis that I did not write about that are present in the home that anyone would have a hard time living with. I won't go into details, but she is not a bad person, and neither is he by the way, but she knows because of the way things are in the home, it would be a very tough marriage. The purpose of 90 day period is to figure it out, and like many of you have outlined here--she must go back. She likes it here and would like the opportunity to stay without committing any fraud. My question was and is... do you know of any legal way she can stay here????

Thanks again for any input.

Edited June 23, 2009 by sweetdaddy

[payxibka 10,047]

Everyone,

Please excuse the way I presented this, however, there are other circumstances that she lives with on a day to day basis that I did not write about that are present in the home that anyone would have a hard time living with. I won't go into details, but she is not a bad person, and neither is he by the way, but she knows because of the way things are in the home, it would be a very tough marriage. The purpose of 90 day period is to figure it out, and like many of you have outlined here--she must go back. She likes it here and would like the opportunity to stay without committing any fraud. My question was and is... do you know of any legal way she can stay here????

Thanks again for any input.

Political Asylum?

In 1981, the Refugee Act was passed. Asylum and/or Refugee Status was to be granted to anyone outside of his or her own country of Nationality (or already in the United StatesS) who is "unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion".

Oh wait... the problem is occuring here not a fear of reprisal back in Brazil

Edited June 23, 2009 by payxibka

[D_n_M 0]

There is no legal way for her to stay here. NONE. Can not stay if she doesn't marry. Absolutely nothing anyone can do. Marry him or leave are All she can do. She could be great, doesn't mean anything. She can not stay at all if she doesn't marry the man who petitioned her.

[D_n_M 0]

Not to sound cold... I'm sorry if I do. But a lot of posts asking about the beneficiary staying without marrying the petitioner. A lot of stories and comments of how good the people are and how bad things were when they came. The choices are put out there long before the beneficiary gets here. It sucks but its the way it is.

[Chica Yeyé 41]

Quick answer: No. either she marries the petitioner and adjust status; or she leaves. Quite simple.

[Azzudiin 26]

The purpose of 90 day period is to figure it out

That is not the purpose of the 90 days, you better have figured out if you love the other person long before actually arriving here. The 90 days is just time to actually get the wedding that should already be planned taken care of.

[Bobby+Umit 161]

Everyone,

Please excuse the way I presented this, however, there are other circumstances that she lives with on a day to day basis that I did not write about that are present in the home that anyone would have a hard time living with. I won't go into details, but she is not a bad person, and neither is he by the way, but she knows because of the way things are in the home, it would be a very tough marriage. The purpose of 90 day period is to figure it out, and like many of you have outlined here--she must go back. She likes it here and would like the opportunity to stay without committing any fraud. My question was and is... do you know of any legal way she can stay here????

Thanks again for any input.

Sorry - the purpose of the 90 days is not to figure it out at all. The purpose of the 90 days is to get married before the I-94 expires.

You are suppose to figure that out before you commit yourself and the other person to go through this process.

There is no legal way other than marrying the person that brought her to the US on the K-1.

Tell your friend to go home - and find someone else that will sponsor her if she likes it here so much.

Anything else would be fraud, and most likely - ban time (if she overstays her I-94).

[JimVaPhuong 4,863]

Everyone,

Please excuse the way I presented this, however, there are other circumstances that she lives with on a day to day basis that I did not write about that are present in the home that anyone would have a hard time living with. I won't go into details, but she is not a bad person, and neither is he by the way, but she knows because of the way things are in the home, it would be a very tough marriage. The purpose of 90 day period is to figure it out, and like many of you have outlined here--she must go back. She likes it here and would like the opportunity to stay without committing any fraud. My question was and is... do you know of any legal way she can stay here????

Thanks again for any input.

Re. the text I bolded... No, no, no! That is NOT the purpose of a K1 visa. This is made abundantly clear by USCIS:

http://www.uscis.gov/files/article/A2eng.pdf

What if we are engaged but have not yet decided to

marry?

The fiancé(e) visa is a temporary visa that simply permits your

fiancé(e) to enter the United States so that the two of you can

marry in the United States within the 90 days permitted from the

date of entry. It is not a way for you to bring a person here so you

can get to know one another, or spend more time together to decide

whether or not you want to marry.

I strongly suspect your friend entered the country with every intention of terminating the relationship at some point, and that her SOLE motive was to get a green card - full stop.