BEEN ACCUSED OF ABUSE

[VanessaTony 3,567]

Ah, I see. Well, I honestly have no idea if that could come back and bite you (or her) later, but it's definitely misuse of a visa since a K-1 applicant CANNOT be married before entering the country.

It can. It's a deportable offence. She wouldn't have got the visa if they'd know she was married, she lied, and then she got the GC based on a lie. i'd report her, but then he'll get into shite too.

[skiptex 225]

surely this op is joking.. right?! people just screw up like this.. or do they?!

[agenthelp 0]

I dont think you know what you talking about do you?If it was a deportable offense she wouldnt have been granted the GC .I filed for her K1 visa before we gat married in her country ,the visa was only granted 2 months later tell me how you wanted me to stop the process and pay again for a new process of CR1 visa ,she been married twice to me NOT to anybody else.Secondly yes to some extent I did threaten not to file for her papers .I messed her up her freedom and made her illegal in the name of protecting my kids as I thought she would run with them to her country .She didnt lie I read the vawa issue clearfully and not filing papers for someone and using it to threaten them is considered emotional abuse.OR I ASKED IS HOW DOES THIS AFFECT MY CHARACTER AS A PERSON.NO HEART FEELINGS GLAD SHE HAS HER FREEDOM AND MAYBE I SHOULD HAVE DONE THINGS IN A BETTER WAY THAN I DID MY CONSQUENSES TO BEAR I GUESS.

It can. It's a deportable offence. She wouldn't have got the visa if they'd know she was married, she lied, and then she got the GC based on a lie. i'd report her, but then he'll get into shite too.

[ceadsearc 516]

I dont think you know what you talking about do you?If it was a deportable offense she wouldnt have been granted the GC .

Well, a K-1 visa is a fiance visa, meaning it is ONLY for unmarried people and already being married violates the terms of the visa. I would assume you did not disclose in either your K-1 or AOS interview (if you had one) that you had already married.

No, the solution was not to cancel everything and start a CR-1 process. The solution would have been what everyone else on a K-1 visa does which is just not get married before the visa is granted.

In any case, she already has her green card, so while it sounds like you guys could get into hot water over it as she obtained her green card fraudulently, USCIS would have to catch the error at some point.

[agenthelp 0]

Well, a K-1 visa is a fiance visa, meaning it is ONLY for unmarried people and already being married violates the terms of the visa. I would assume you did not disclose in either your K-1 or AOS interview (if you had one) that you had already married.

You can say that "I didnt disclose it in my K1 VISA application" yes I didnt because I had not married her then when I started the K1 process here in the USA.On my last visit to her country thats when we decided to get married so she can have her relatives and parents attend the wedding and it was cheaper that side than here knowing we would not have a wedding here but just register the marriage however you may look at it there's no fraud or lie she is my wife legally till divorce granted in court.2 months the visa was granted remember it does take 2 months for a k1 visa to be processed .It takes anywhere from 90-120 days to be approved by uscis here in the USA plus another month or more depending with consulor in one's country and how that country is i.e high fruad or whatever the USCIS maybe looking at .

[himher 634]

Sounds like the fraud was committed by the wife, not the OP. Self-adjustment (as well as K1 visa application) was done by the beneficiary and there was no fraud committed in the original application.

Since the OP never filed AOS it cannot be said he committed any fraud and there was certainly never an opportunity to lie at an interview. The fraud will be on the application for the K1 visa and on the AOS application that was filed to self-adjust.

Wow. Assuming this is real this dude is going to come out of this scot-free

Edited October 17, 2011 by himher

[ceadsearc 516]

The fraud would come in during the AOS stage at the very least, as you would have needed to disclose your FIRST marriage date and include your marriage certificate from THAT ceremony, which obviously did not happen or the AOS wouldn't have been approved.

The wife did not self-adjust, she was the beneficiary and her US citizen spouse was the petitioner. The petitioner filed an affidavit of support for her. Nonetheless, she would likely be the one to suffer the more serious consequences of this fraud.

[maryjane007 0]

I dont think she commited fraud in any way.One thing people should understand about vawa(under abuse) a person that entered the USA illegal or a person that had a valid visa at some point then over stayed the visa and lets say they get married to a USA citizen who abuse them mentally ,emotionally ,physically or by controling them knowing that there illegal threatening to report them to uscis ,under vawa one qualifies to obtain legal permanent residence.Now lets look at the situation of this OP .He filed for a K1 visa for his fiance,then somewhere along the line marries her in her country meanwhile the K1 visa is in the process brings her here in the USA marries her again under the k1 obligation.Then have children with this woman ,then abuses her emotionally (as he has confessed that he used or did that because he was scared she may run with the kids to her country).Tell me guys has anyone ever been in a situation like this what would you have done.This woman wanted freedom to be with her kids and sorry to say this FOOLISH man acted selfishly took matters in his own hands. I am sure he wanted his wife deported so he can be with his kids knowing she will be deported anytime he is a cold calculating bad hearted man I wouldnt come across in my life .Knowing his wife would never enter the USA again.What kind of a person does such a thing to the mother of his kids and what does he tell the kids when they grow and lets say she never got the Green card.Yes a k1 visa holder can only adjust through her/his petioner but in this case there's emotion abuse and UNDER vawa she qualifies.I think the marriage was bonafied(the fact that they have children together so where does fraud come in )?

[ceadsearc 516]

.Yes a k1 visa holder can only adjust through her/his petioner but in this case there's emotion abuse and UNDER vawa she qualifies.I think the marriage was bonafied(the fact that they have children together so where does fraud come in )?

The point is that she wouldn't have been eligible to even receive the visa had she been truthful.

But I do stand corrected as I realize he did NOT help her petition or file an I-864, so he may be able to fly under the radar on this one, so to speak. I was thinking he had filed for her initial green card and she was doing ROC on her own. Nonetheless, still illegal use of a K-1 from the sounds of it but that's for USCIS to determine and deal with.

[maryjane007 0]

VAWA ...applicant dont need a sponsor the moment she filed for vawa USCIS didnt need the husband in the process of AOS.Also vawa applicants dont need i-864 if I mistaken someone correct me.Also people should know that to obtain GC under vawa its not easy one need a lot of proof,if she had lied they would know during her interview.5 years to live with someone and dont file AOS ,actually this woman is a strong woman 5 years many would have left and abandon the kids ,but then she had to so she can be with her kids

THE VIOLENCE AGAINST WOMEN ACT (VAWA)

There are several ways you may achieve legal status in the United States. If you are a victim of domestic violence, you may qualify for immigration benefits under the Violence Against Women Act (VAWA). Your children may also qualify under the VAWA. Even if you do not qualify for VAWA, you still may be able to stay in the United States. (See If I do not qualify for VAWA, located in this chapter).

Under VAWA, eligible applicants may qualify for deferred action status in the United States and work authorization. In addition, an approved VAWA petition may allow a victim to receive certain federal public benefits. Ultimately, a VAWA benefit recipient may be able to apply for permanent resident status on her own.

VAWA was created by Congress in 1994 and amended in 2000. Normally, a U.S. citizen or permanent resident immediate relative must file a petition for permanent resident status for you. VAWA allows an abused woman to file for legal status by herself. This means that you do not need a sponsor at any time to file. VAWA also applies to children who have been the victims of abuse.

To qualify for VAWA, you must be able to document the following elements to the Immigration and Naturalization Services (INS):

•The abuse was committed by your husband, and;

•Your husband is a U.S. citizen, or;

•Your husband is a legal permanent resident (LPR), and;

•Your marriage was a marriage of good faith, and;

•You are an individual of good moral character.

If you divorce or legally separate from your husband after you file the papers for self-petition, this will not have any effect on whether or not you are granted benefits under VAWA.

Under new changes to VAWA passed in 2000, you may still be eligible to apply for VAWA benefits if:

•Your marriage was terminated within the past two years and the reason for the end of the marriage was connected to the domestic violence, or;

•Your abuser lost his immigration status within the last two years due to the domestic violence, or;

•Your U.S. citizen abuser husband died in the past two years, or;

•Your husband was married to someone else at the same time he was married to you (he was a bigamist).

Good-faith marriage

It is important that you can show that when you got married you did so in good faith. This means that you did not get married for the sole purpose of obtaining an immigration status. Your marriage does not have to be viable. This means that you may qualify for benefits under VAWA even if you no longer live with your husband. Proof of a good faith marriage may include:

•Evidence that you owned or rented property with your husband (leases, title documents);

•A bank account statement showing your name and your husbands name;

•Birth certificates of children born during the marriage;

•Income tax returns.

Good moral character

Evidence of good moral character is required to qualify under VAWA benefits. You must show that you have had good moral character for three years before the time that you file. If you have not been in trouble with the law, you probably have good moral character. To show that you have good moral character, you might ask your police department to write you a police clearance letter. You may also contact the Colorado Bureau of Investigation and request an arrest history report.

Requirements for children

VAWA makes it easier for victims of domestic violence to obtain legal status in the United States. This is true for children of domestic violence also. Children may be included in your petition or on their own behalf. For children to get legal status under VAWA, on their own, they must show:

•They were battered or subjected to extreme mental cruelty in the United States, and;

•They were abused by a U.S. citizen, or;

•They were abused by a LPR, and;

•They have good moral character, and;

•They are not married, and;

•They are under 21 years old.

Requirements if children

have not been abused

Regardless of whether or not your minor children have been abused, you may include them on your application for permanent residency, if:

•The child is not married, and;

•The child is under 21 years old, and;

•The child meets the requirements for adjustment status.

Suspension of deportation/

cancellation of removal

If INS has begun proceedings against you to remove you from the United States, you may be able to avoid being removed from the United States. You must show:

•You were a victim of domestic violence, and;

•The abuse was committed in the United States, and;

•You have been continuously in the U.S. for the three years before your petition, and;

•You are a person of good moral character, and;

•You or your children will suffer extreme hardship if you are forced to leave the United States.

You do not have to be married when you apply to have your deportation suspended or your removal cancelled.

2. IF YOU DO NOT QUALIFY FOR PROTECTION UNDER VAWA

Permanent residence

based on marriage

There are many ways that you can get permanent resident status in the United States. If you have certain immediate family members who are either U.S. citizens or legal permanent residents, you may be able to apply for permanent resident status.

The First Step. Your qualifying family member must first file a petition on your behalf with the INS (this petition is called Petition for Alien Relative). Once the petition is approved, you may proceed with filing your application for permanent resident status.

The Second Step. If your family-based petition is approved, you may file for permanent resident status. You should contact an immigration attorney to discuss the best way to do this. Depending on how long you have been married, you may either be granted permanent resident status or conditional permanent resident status.

If you are granted conditional permanent resident status, you must file a petition to remove the conditions of your status and attend an INS interview within 90 days of the two-year anniversary of receiving conditional permanent resident status.

Support requirement

In 1996, the Illegal Information Reform and Immigrant Responsibility Act (IIRAIRA) made it a requirement that your family-based petition sponsor show that you will not become a public charge (that you will have financial support). This is called a support affidavit, and you must file it along with your application for permanent resident status. You must show that:

•Your sponsors income or assets combined are at least 100% or 125% of the poverty guidelines, depending upon where you will live in the United States.

Where to get help

[VanessaTony 3,567]

I dont think she commited fraud in any way.One thing people should understand about vawa(under abuse) a person that entered the USA illegal or a person that had a valid visa at some point then over stayed the visa and lets say they get married to a USA citizen who abuse them mentally ,emotionally ,physically or by controling them knowing that there illegal threatening to report them to uscis ,under vawa one qualifies to obtain legal permanent residence.Now lets look at the situation of this OP .He filed for a K1 visa for his fiance,then somewhere along the line marries her in her country meanwhile the K1 visa is in the process brings her here in the USA marries her again under the k1 obligation.Then have children with this woman ,then abuses her emotionally (as he has confessed that he used or did that because he was scared she may run with the kids to her country).Tell me guys has anyone ever been in a situation like this what would you have done.This woman wanted freedom to be with her kids and sorry to say this FOOLISH man acted selfishly took matters in his own hands. I am sure he wanted his wife deported so he can be with his kids knowing she will be deported anytime he is a cold calculating bad hearted man I wouldnt come across in my life .Knowing his wife would never enter the USA again.What kind of a person does such a thing to the mother of his kids and what does he tell the kids when they grow and lets say she never got the Green card.Yes a k1 visa holder can only adjust through her/his petioner but in this case there's emotion abuse and UNDER vawa she qualifies.I think the marriage was bonafied(the fact that they have children together so where does fraud come in )?

OMG Seriously? We're not saying the VAWA was fraudulent, we're saying the K1 WAS! The SECOND the got married they had to cancel the K1 process and start a CR1. Married people are not eligible for fiance visas. She entered the US on a K1 visa, a visa that she would NOT have got if she had admitted they were married. She lied when she entered the US claiming to be a fiance (hence the K1) when she was in fact the wife. If she is found out she WILL be deported.

Edited October 17, 2011 by Vanessa&Tony

[VanessaTony 3,567]

You can say that "I didnt disclose it in my K1 VISA application" yes I didnt because I had not married her then when I started the K1 process here in the USA.On my last visit to her country thats when we decided to get married so she can have her relatives and parents attend the wedding and it was cheaper that side than here knowing we would not have a wedding here but just register the marriage however you may look at it there's no fraud or lie she is my wife legally till divorce granted in court.2 months the visa was granted remember it does take 2 months for a k1 visa to be processed .It takes anywhere from 90-120 days to be approved by uscis here in the USA plus another month or more depending with consulor in one's country and how that country is i.e high fruad or whatever the USCIS maybe looking at .

When you got married PRIOR to obtaining the K1 you had to stop the K1 and get a CR-1. She entered the country, essentially, on an illegally obtained visa. Had she told them at the border "I'm here with a k1 visa but I got married in my home country" they would NOT have let her in. Had she disclosed at the K1 interview that she was married it wouldn't have been granted. Had she been in AP (so had the interview but waiting for the visa) and then married before entering she would have had to return the visa to USCIS and start the CR-1.

As she entered on a fraudulently obtained visa she IS deportable once USCIS finds out. A sizeable ban to boot.

It is irrelevant that you later married her "again" after she entered on the K1. The first marriage counted in her home country. She entered illegally. Sounds like she never disclosed that first marriage on her VAWA application or it would never have been approved, she would have been deported. She is in a world of hurt and likely, so are you when it's determined you assisted in the lie to USCIS.

Edited October 17, 2011 by Vanessa&Tony

[skiptex 225]

She is in a world of hurt and likely, so are you when it's determined you assisted in the lie to USCIS.

:dance: :dance: :dance:

Edited October 17, 2011 by skiptex

[Deputy Purple 1,294]

hello ceadsearc

Yes we married twice first in her country and second here in the USA.I had filed for a K1 visa for her ,whilest waiting we went ahead and married in her country and 2 months later the k1 was approved.So we didnt change the process to CR1 .We left the process as it was we just went ahead and gat married within 90 days of her arrival.

Oh wow, really? Do you understand that you both committed Visa Fraud? In order to get the K-1 Visa she would have had to tell the interviewing CO that she was still single and signing the application she was basically swearing to it.

The second you got married the K-1 wasn't valid for you guys.

She can be deported and charged with Material Misrepresentation which carries a lifetime entry ban.

[Brother Hesekiel 2,236]

. . . plus up to 5 years in prison and up to $250K in fine.

If you want to pay your wife back for labeling you as a wife beater here is your chance.

You can wave her goodbye when she is being escorted into the plane back home with a lifetime bar attached.