In the U.S. with fiance visa, got married, but now U.S. citizen is incarcerated.

[kkrxo 2]

This isn't my situation but rather a woman from my church's.....

She's from Japan, started an online relationship with U.S. citizen.. fiance visa was approved... then she came to Virginia to be with him.

Before they got married, she already knew his situation. 2 girls accused him of child molestation from over 10 years ago, and before he got convicted and sentenced, they got married, and filed for adjustment of status for her. After they already sent the application, the husband got convicted and was sentenced to 20 years. They say that they went ahead and got married because they did not think he would get convicted...

Immigration sent her something in the mail with the date and time of the interview, but then they sent her another letter a few weeks later and rescheduled.

Also, another lady from our church is also the one sponsoring her jointly (if anyone is wondering)

What I want to know is, will she have any luck at the interview even if her husband won't be present with her? I suggested she get a lawyer but she says she doesn't need one.

Thanks!

[kkrxo 2]

SORRY everyone.. just realized I posted this in the wrong forum Not really sure how to move it.......

[TBoneTX 45,287]

will she have any luck at the interview even if her husband won't be present with her? I suggested she get a lawyer but she says she doesn't need one.

Nope, and she definitely needs an attorney post-haste, even though he may give the same answer.

I "reported" this post so that it can be moved to the correct forum for you.

[NigeriaorBust 4,087]

There will a need to think way outside the box for proof of a valid relationship. What papers do they have to so co mingling ? Does she visit and have records? Calls ?

[Otto 83]

** Moving topic from K-3 Procedures to Effects of Major Family Changes on Immigration Benefits where it may be more appropriate.

[JimVaPhuong 4,863]

Lawyer up FAST! Under the Adam Walsh Act, USCIS can revoke the approval of the petition that brought her here. They can do this anytime up until the AOS is approved. If the petition approval is revoked, then her K1 visa is immediately terminated, and her husband will not be eligible to submit another petition (like an I-130) without a waiver. She is in danger of losing any chance of remaining in the US.

[Darnell 8,478]

some questions to ask of the lady

--Did the petitioner include any written request for a waiver from IMBRA or VAWA regs with the initial I-129F submittal? if not, he'll be hit with misrepresentation, sooner or later

--The I-864 submitted - the current income area is also some 'forward looking' statement for the current year - if he has no sustainable income going forward, will she be getting a co-sponser / joint-sponser for a 2nd I-864 ?

IMO, since he can't be there for the interview (that's a big deal in itself, btw), she should engage with a competent immigration attorney asap, and try to way the 'risks' of 'money paid' vs 'immediate deportation order'.

[Brother Hesekiel 2,236]

The question an I.O. adjudicating an AOS petition like that would probably ask themselves is the very same I am asking myself:

Why would a Lady be marrying a multiple child molester on his way to a decades-long prison sentence, other than because she wants to take advantage of the immigration benefits?

If the answer is: because she was hoping he would escape justice by not getting convicted, that still leaves the ethical core of the question unanswered:

Why would a Lady be marrying a multiple child molester if it wasn't for the fact that she wanted to take advantage of the immigration benefits?

I have no plausible answer for this.

[kkrxo 2]

some questions to ask of the lady

--Did the petitioner include any written request for a waiver from IMBRA or VAWA regs with the initial I-129F submittal? if not, he'll be hit with misrepresentation, sooner or later

--The I-864 submitted - the current income area is also some 'forward looking' statement for the current year - if he has no sustainable income going forward, will she be getting a co-sponser / joint-sponser for a 2nd I-864 ?

IMO, since he can't be there for the interview (that's a big deal in itself, btw), she should engage with a competent immigration attorney asap, and try to way the 'risks' of 'money paid' vs 'immediate deportation order'.

No, she did not include any waiver. She consulted with a local immigration counselor and she said he told her that she would be ok... but he has also given me incorrect advise on my situation so I don't really know whether to believe him or not.

Sorry, I'm kind of new to this, what is misrepresentation?

Thanks for the response!

[kkrxo 2]

The question an I.O. adjudicating an AOS petition like that would probably ask themselves is the very same I am asking myself:

Why would a Lady be marrying a multiple child molester on his way to a decades-long prison sentence, other than because she wants to take advantage of the immigration benefits?

If the answer is: because she was hoping he would escape justice by not getting convicted, that still leaves the ethical core of the question unanswered:

Why would a Lady be marrying a multiple child molester if it wasn't for the fact that she wanted to take advantage of the immigration benefits?

I have no plausible answer for this.

Very true.

They did have a few month long online relationship before she found out, and I'm not really sure if he was honest about it before she came to the U.S.... but I know that she knew BEFORE they got married and he told everyone he was innocent so maybe she believed him?

[kkrxo 2]

Lawyer up FAST! Under the Adam Walsh Act, USCIS can revoke the approval of the petition that brought her here. They can do this anytime up until the AOS is approved. If the petition approval is revoked, then her K1 visa is immediately terminated, and her husband will not be eligible to submit another petition (like an I-130) without a waiver. She is in danger of losing any chance of remaining in the US.

Thanks for the reply. That was very helpful. May I ask though what an attorney can ultimately do for her? I just told my mom to tell her that advise you just gave me and my mom wants to know if she needs a lawyer to go to the interview with her.

I told her to atleast consult with a good lawyer and not just the immigration counselor that told her she would be ok...

[mari&Ryan 93]

The question an I.O. adjudicating an AOS petition like that would probably ask themselves is the very same I am asking myself:

Why would a Lady be marrying a multiple child molester on his way to a decades-long prison sentence, other than because she wants to take advantage of the immigration benefits?

If the answer is: because she was hoping he would escape justice by not getting convicted, that still leaves the ethical core of the question unanswered:

Why would a Lady be marrying a multiple child molester if it wasn't for the fact that she wanted to take advantage of the immigration benefits?

I have no plausible answer for this.

I could not agree more. I would just add this: Why in the earth would a lady be marrying to a child molester at all? It does not matter what country the offender is from.

To OP Im sorry for being judgmental. I cannot help but wonder why.

Edited October 6, 2010 by mari&Ryan

[kkrxo 2]

I could not agree more. I would just add this: Why in the earth would a lady be marrying to a child molester at all? It does not matter what country the offender is from.

To OP I’m sorry for being judgmental. I cannot help but wonder why.

It's ok. I'm on the same page w/ you! She says she believes he is innocent BUT... he wrote an apology letter to the girls and their families which kind of makes me wonder... why would you apologize for something you did not do? That kind of made him seem guilty. He is filing an appeal but I'm not sure how that will go. I don't know if she thinks he still has hope of getting out or what... I don't really know her all that well but our whole congregation knows the situation and I figured I would ask for people's opinions on here because no one seems to know anything about the immigration process at my church...

[desert_fox 32]

Run.....What part of child molester does she not understand. Get away, go back home. The guy needs a shooting...he will never survive in prision.

No one could be so desperate to stay to adjust status based upon marriage to a child molester.

Thank your lucky stars that you found out now instead of later.

[kkrxo 2]

CORRECTION:

I put on there that immigration sent her a letter with the date and time of interview, then they sent her another one and rescheduled.. ACTUALLY... they cancelled the interview months ago, and still have NOT rescheduled. Not really sure why she hasn't called them to follow up??

Also, she believes that they did not reschedule because they are going to just send her a green card without an interview... is that possible? She hasn't had one interview with immigration yet.. and she said that she never even told immigration that he went to prison or that he might get convicted to begin with... is there a way that immigration will not find out during this application process? Even if they don't find out, and they end up rescheduling, he still will not be present at the interview...

Edited October 6, 2010 by kkrxo