Married for love, barred for life??

[4bd 7]

"allegedly"

Yes, that's right "allegedly"...because Angelina had already planned out her future life of meeting Brad and marrying him three years after the fact, and then go through the arduous, daunting and expensive journey of getting legal permanent residence and foregoing the easier route by just marrying the man who raped her twice ("allegedly" raped her twice that is, right?).

Legally, yes it's an allegation of rape...and I understand that a court would have the same perspective (although it might fall under "discretion", you lawyers here on vj can correct me). It's entirely reasonable however that Angelina was raped twice by the man who filed her K-1 visa, but I know there's a difference between something that "allegedly" happened and something that could have "reasonably" happened.

Edited April 22, 2012 by 4bd

[cerebus407 16]

If the abuse/assaults were documented at the time, she could have applied for a self-petitioning visa as the victim of crime. Seems like that would have been a better bet than an asylum claim.

As others have said, get a lawyer and she should NOT leave US soil until all of her legal options are spent. If she leaves, from a USG perspective, their problem is solved and her path to return will be complicated at best. As far as overstay goes, I wouldn't worry that much about that. As your spouse, she is eligible for a waiver for any overstay ineligibility.

Good luck.

[4bd 7]

If the abuse/assaults were documented at the time, she could have applied for a self-petitioning visa as the victim of crime. Seems like that would have been a better bet than an asylum claim.

As others have said, get a lawyer and she should NOT leave US soil until all of her legal options are spent. If she leaves, from a USG perspective, their problem is solved and her path to return will be complicated at best. As far as overstay goes, I wouldn't worry that much about that. As your spouse, she is eligible for a waiver for any overstay ineligibility.

Good luck.

According to a national victimization survey by the Justice Department, sexual assault is one of the most under reported crimes, with 54% still being left unreported. More than half of the women in America who have been victims of sexual assault don't ever report it. No documentation, no statements...just silence.

I would imagine that any immigrant coming to the United States, already faces obstacles in adjusting his/her life to a different language and culture than from where he/she came. To be a victim of sexual assault to add to all that...

Edited April 22, 2012 by 4bd

[elkhunter 3]

Quick background timeline:

6/20/2007 - Angelina legally entered US, K-1 visa to marry Bob.

6/29/2007 - Bob sexually assaulted Angelina on 2 separate occasions (raped); Angelina left Bob.

10/12/2007 - Angelina hires Immigration Lawyer for Asylum Case (Religious Beliefs) and petition is officially submitted.

7/1/2008 - Brad met Angelina.  Brad is a US born citizen.  Angelina has been living illegally in US, on overextended her K-1 visa.   Angelina has been working and studying to finish her Associate's Degree at the local community college.

7/10/2010 - Brad and Angelina are married.

11/21/2010 - Received notice of Angelina's Removal Proceedings with a court date of 06/16/2013; Asylum petition is still proceeding.

04/20/2012 - Brad heard about an I-130; immediately went to vj.com to seek the wisdom of the forum.

So, after hearing about the I-130, and doing some research, aka "google", I've ruled out a DCF filing of an I-130.  Knowing that we've got some time before Angelina's Removal Proceeding court date, I'm wondering if we can file an I-130 and hopefully have that approved in time, before her court date.

First thought, would an I-130 even be possible, given her overextended K-1, almost 2 year marriage, and pending Removal Proceeding/Asylum petition?

What legal document Angelina submit to the community college showing or proving that she was a legal resident here? As far as I know, colleges here will ask a proof of legal document before they admit aliens to their school. Best to seek an immigration lawyer on this case.

[A and T 82]

Well, why not continue to see her and see how the asylum petition works out. If approved then great, if not, then marry and file for her I-130

[4bd 7]

Well, why not continue to see her and see how the asylum petition works out. If approved then great, if not, then marry and file for her I-130

See timeline above, got married in 2010.

[elkhunter 3]

Well, why not continue to see her and see how the asylum petition works out. If approved then great, if not, then marry and file for her I-130

They are already married.

[elkhunter 3]

What legal document Angelina submit to the community college showing or proving that she was a legal resident here? As far as I know, colleges here will ask a proof of legal document before they admit aliens to their school. Best to seek an immigration lawyer on this case.

So, OP? Can you answer my question?

[Sandra G. 5,075]

Why she is in removal proceedings if she has a pending asylum application? There is something not right here.

The INA specifically states that a K-1 beneficiary can only adjust based on the marriage to the fiancé(e) petitioner INA 245(d).The section 245(d) is clear the marriage to the fiance petitioner must exist on the date of adjudication.It's not her cause tho.She won't be able to adjust her status based in her marriage with Brad.

If the Court does not grant asylum then she can ask for voluntary departure through withdrawal of her Asylum Application, usually the Court allow voluntary departure once the individual withdrawn the asylum claim.

She can apply for CR1 after arriving in her Country,but definitely she will need to apply to have the ground of inadmissibly waived(unlawful presence) filing an I-601 Waiver, but if she gets deported then she will need two waivers (I-601 and I-212)

Edited April 22, 2012 by sandranj

[pushbrk 13,138]

This is lawyer territory, pure and simple. Not a do it yourself case.

[Darnell 8,479]

ya push, i agree. I also think the asylum application was dropped on the floor somewhere.

[KayDeeCee 4,896]

According to a national victimization survey by the Justice Department, sexual assault is one of the most under reported crimes, with 54% still being left unreported. More than half of the women in America who have been victims of sexual assault don't ever report it. No documentation, no statements...just silence.

I would imagine that any immigrant coming to the United States, already faces obstacles in adjusting his/her life to a different language and culture than from where he/she came. To be a victim of sexual assault to add to all that...

If you notice, just you posting her story here in a thread in an online immigration forum has led to scrutiny, disbelief, and turning on the victim. This is one of the reasons WHY rape is so under-reported.

I think you should just follow pushbrk's advice and find a really good immigration attorney.

[Removed-02242014 19]

She married the man who raped her twice??

My thoughts EXACTLY -- #######?

[Peter_Pan 661]

She didn't marry the rapist who petitioned for her, but someone else she met later on.

[Operator 1,927]

My thoughts EXACTLY -- #######?

re-read the first thread