K1 Visa, and Vawa

[decobra 0]

Hi everyone,

i have came to the US on June 2008 on a K1 Visa,

i have married my K1 petitioner within the 90 days after i have moved to the US,

we have applied for an adjustment of status after our marriage,

my wife started being abusive towards me and she started asking for money for finish my paper work,

i have refused to pay her and the adjustment got denied.

i have applied for a VAWA self petition and i have received a prima facie,

now they are asking me for more evidence concerning the abuse and my good faith marriage and good moral character,

i am still working on that but at the same time i have met somebody and we want to get married.

my question is, would be possible for me to marry another american citizen knowing that i came with a K1 visa and got married and divorced to my initial petitioner?

would be possible for me to marry before or after the VAWA gets approved or denied? and if i can get married to the one im with now, would be possible for me to adjust my status without leaving the US.

[sara..... 371]

this is too confusing for me im sure someone with more knowledge will come along to answer ur questions.......

i just wanted to tell you good luck with everything and sorry it ended up like it did

sara

[decobra 0]

this is too confusing for me im sure someone with more knowledge will come along to answer ur questions.......

i just wanted to tell you good luck with everything and sorry it ended up like it did

sara

Thanks for your concern sara.

[Bobby+Umit 161]

You will not be able AOS if you marry someone else (other than the initial K-1 petitioner) - the K-1 limits what you can do regarding AOS.

You will have to wait to see the outcome of your VAWA and go from there.

Again, your still under the K-1 limits for the AOS, only a successful VAWA will allow you to AOS.

[Deputy Purple 1,294]

would be possible for me to marry before or after the VAWA gets approved or denied? and if i can get married to the one im with now, would be possible for me to adjust my status without leaving the US.

As long as you are divorced then you can marry whenever you want. It will have no effect on your Visa Problem.

Since you arrived on a K-1 Visa you can only Adjust Status based on your marriage to the Original Petitioner. You will have to provide the evidence required for VAWA in order to adjust status.

[decobra 0]

You will not be able AOS if you marry someone else (other than the initial K-1 petitioner) - the K-1 limits what you can do regarding AOS.

You will have to wait to see the outcome of your VAWA and go from there.

Again, your still under the K-1 limits for the AOS, only a successful VAWA will allow you to AOS.

but i did marry my initial petitioner and she was abusive but i have never called the police and it got messy with her, she filled a divorce i have replied to it and its not final yet, but it will be finalized soon.

from what i understand you need to marry your K1 petitioner and i did, but she left after i didnt want to pay her the money she asked for.

i dont know but i believe that you can marry somebody else after your divorce and get AOS with your new wife if you prove that you married the initial K1 petitioner in good faith?

[Chica Yeyé 41]

but i did marry my initial petitioner and she was abusive but i have never called the police and it got messy with her, she filled a divorce i have replied to it and its not final yet, but it will be finalized soon.

from what i understand you need to marry your K1 petitioner and i did, but she left after i didnt want to pay her the money she asked for.

i dont know but i believe that you can marry somebody else after your divorce and get AOS with your new wife if you prove that you married the initial K1 petitioner in good faith?

No you cannot get AOS through anyone excerpt the original K-1 petitioner.

The bolded part makes me think you do not have a VAWA case. For VAWA you need evidence of abuse - police reports, affidavits, etc.

[justashooter 430]

so let's get this right. you don't want to pay for a benefit you have received? this is the start of the conflict?

in that case i suggest that you nix the entire deal, and return to north africa.

[chinese_mutt 11]

You will not be able AOS if you marry someone else (other than the initial K-1 petitioner) - the K-1 limits what you can do regarding AOS.

You will have to wait to see the outcome of your VAWA and go from there.

Again, your still under the K-1 limits for the AOS, only a successful VAWA will allow you to AOS.

but i did marry my initial petitioner and she was abusive but i have never called the police and it got messy with her, she filled a divorce i have replied to it and its not final yet, but it will be finalized soon.

from what i understand you need to marry your K1 petitioner and i did, but she left after i didnt want to pay her the money she asked for.

i dont know but i believe that you can marry somebody else after your divorce and get AOS with your new wife if you prove that you married the initial K1 petitioner in good faith?

How exactly did she "ABUSE" you? Care to go into details?

[belinda63 3,041]

U can only adjust status as a k-1 based upon your marriage to the original petitioner. You can marry anyone you want if you are single but you cannot adjust status from the marriage to the other person. Thus if your vawa is denied you must leave the country, married to a USC or not and file for a spousal visa based upon your marriage to the new person.

The K-1 visa does not allow you to adjust status from within the US unless you file based upon your CURRENT marriage to the original petitioner.

[Bobby+Umit 161]

You will not be able AOS if you marry someone else (other than the initial K-1 petitioner) - the K-1 limits what you can do regarding AOS.

You will have to wait to see the outcome of your VAWA and go from there.

Again, your still under the K-1 limits for the AOS, only a successful VAWA will allow you to AOS.

but i did marry my initial petitioner and she was abusive but i have never called the police and it got messy with her, she filled a divorce i have replied to it and its not final yet, but it will be finalized soon.

from what i understand you need to marry your K1 petitioner and i did, but she left after i didnt want to pay her the money she asked for.

i dont know but i believe that you can marry somebody else after your divorce and get AOS with your new wife if you prove that you married the initial K1 petitioner in good faith?

You have to get the AOS/GC before you can attempt to remove conditions yourself. You didn't do that. You divorced and filed for VAWA, prior to even applying for the AOS (K-1).

If that VAWA is granted, then you can AOS via the VAWA.

However, if it is not granted, you will have no choice but to return home and your new wife (if married prior to leaving the US) can apply for your new visa (CR-1 most likely).

K-1 means you have to marry and AOS with that same petitioner. Read the 485 instructions, it specifically states that. You cannot come here on a K-1 and marry someone else (someone other than the initial petitioner) and attempt to AOS.

So again, the only option you have left is to get the VAWA. Once that is in place, you can freely AOS yourself. (Not withstanding, if you are divorced and can freely marry prior to your VAWA being granted, you can do so, however, that will have no bearing on the VAWA)

You may want to seek legal help, especially if you can't "prove" the VAWA claim (ie: no police report) - then can explain more about the process. Good luck!

Edited December 17, 2009 by Bobby_Umit

[Victoryismine 1]

Hi everyone,

i have came to the US on June 2008 on a K1 Visa,

i have married my K1 petitioner within the 90 days after i have moved to the US,

we have applied for an adjustment of status after our marriage,

my wife started being abusive towards me and she started asking for money for finish my paper work,

i have refused to pay her and the adjustment got denied.

i have applied for a VAWA self petition and i have received a prima facie,

now they are asking me for more evidence concerning the abuse and my good faith marriage and good moral character,

i am still working on that but at the same time i have met somebody and we want to get married.

my question is, would be possible for me to marry another american citizen knowing that i came with a K1 visa and got married and divorced to my initial petitioner?

would be possible for me to marry before or after the VAWA gets approved or denied? and if i can get married to the one im with now, would be possible for me to adjust my status without leaving the US.

:If your VAWA I-360 evidence/proof of the abuse, battered and extreme cruelty you went through with your spouse is truly genuine you should be fine. VAWA works only if you have solid and genuine evidence and proof. Don't waste your time if you don't have solid proof because they will denied your case in no time and the result might affect your chances of other benefit that you might qualify for. Take care and Good luck !

Edited December 30, 2009 by Victoryismine

[ziia 9]

this is too confusing for me im sure someone with more knowledge will come along to answer ur questions.......

i just wanted to tell you good luck with everything and sorry it ended up like it did

sara

May I explain?

So, I am married but getting divorced because I didn't pay money. Of course, she abused me and of course I have no evidence and of course she will divorce me because that's what abusers hurry up to do. Now, can I marry another? and of course I won't have money then either so she will have to abuse me too, then she will divorce me and I will marry another and then another and marry and marry and marry and another and another and another and marry and marry and marry...

out of love..

of course....

don't be silly

How can I stay?

This is what i understood when I read the post of the OP.

To the OP: Make sure you get evidence if you are abused and explain to the immigration officer about the money your wife made the deal for you to give her.

You can only adjust your K1 through the original petitioner. Of course, once the divorce is final you are free to marry whom ever you want and start the CR1 in your home country based on your new wife. Good luck

Edited December 30, 2009 by ziia

[JimVaPhuong 4,863]

but i did marry my initial petitioner and she was abusive but i have never called the police and it got messy with her, she filled a divorce i have replied to it and its not final yet, but it will be finalized soon.

from what i understand you need to marry your K1 petitioner and i did, but she left after i didnt want to pay her the money she asked for.

i dont know but i believe that you can marry somebody else after your divorce and get AOS with your new wife if you prove that you married the initial K1 petitioner in good faith?

Yes, you can adjust status after marriage to a US citizen while you are in the US. However, one of the requirements to be eligible for this is how you originally entered the US. If you entered with a tourist or work visa, found the love of your life and got married, then you're eligible. You entered with a K1 visa. Therefore, you are not eligible to adjust status based on anything other than marriage to the K1 petitioner. If your AOS based on that marriage fails (i.e., if your VAWA petition is denied) then you have to leave the US. If you remarry then your new wife can petition for you to re-enter the US with a CR1 visa.

[Victoryismine 1]

Happy New Year to all my friends and colleagues !!! Long life, happiness, New beginning and many approvals to come. Enjoy a New Year and be safe. Good luck !!!