dont even know where to start

[savingsam 1]

I don't even know which forum is appropriate in this situation so please forgive me if I'm not posting in the right place. My boyfriend came here on a K1 visa 5yrs ago and married his fiancee as required but then his fiance and her family would not allow him to get a work permit and instead forced him to work within the families business and did not pay him saying he owed them for bringing him here. They would not allow him to ever leave anywhere without them and refused to sponsor him to get his employment or green card this went on for a full yr after the marriage before he could not take it anymore and basically went into hiding from them as he had no family, friends or knowledge of this countries laws or any money for a lawyer and no one would help him, meanwhile the fiance's family was threatening his family back home saying he owed them for a marriage ceremony in the home country that was performed prior to them coming here and getting married in the states. (which if I'm understanding the laws right should have made him a spouse and not a fiancee coming here - although her family insisted to him he needed the K1 visa)- his family has no money so for the last 2 years he has been doing slave labor work (since he is illegal to get a real job) and sending his handicapped mother the money so she can pay these people to leave his family alone. His fiance was granted a divorce a yr after he hid from the situation so they are no longer married but still continuing to blackmail his family. He cannot afford to pay them if he goes home and he just wants them to leave him and his family alone but by doing this he is now facing the 10 yr ban as well as it is destroying him inside. I have watched this go on for 2 yrs and I am in love with him and want to marry him but we don't know how to approach doing so. Please if anyone can tell us where to turn it would be greatly appreciated.

[Harpa Timsah 13,258]

Okay, well this is complicated, but I can offer you a few facts to start.

He cannot stay in the US and adjust status through marriage to you. The K-1 visa is very strict and the person can only become a green card holder through marriage to the petitioner.

He can marry you and you can file for the CR-1 spousal visa, but he will face a 10-year ban when he leaves for his interview. You will then have to file a hardship waiver to overcome the ban (costs more $$ and difficult to get too).

If he had a legal marriage abroad and came to the states on a K-1 visa, he could also be in trouble for fraud and misrepresentation which makes things worse.

Have you considered moving to his country?

Edited August 10, 2012 by Harpa Timsah

[savingsam 1]

Apparently only the ceremony was performed in the home country and the documents were never filed although the girls family claims that's why he owes them all this money is for them traveling to that country and the costs of the ceremony (which is what they wanted and not him) which hopefully eliminates the fraud, but since they were the sponsors for him which of them is guilty of the fraud? Is it them for lying or him for coming? I have considered marrying him and applying for the hardship waiver but have heard the approval could be denied and then we would be separated which really would cause hardship as I am disabled and he is my everything. Also moving to his country would be a hardship for me since I have shared custody of 3 children here and would not be allowed to take them and I cannot leave my children but I love him and would do anything I can to help him

[Krikit 1,165]

Moving from IR-1/CR-1 Process to Effects of Major Changes. Good luck, and welcome to VJ.

[Que Saudade 284]

If indeed there is documentation (letters, emails, phone records) of alleged extortion, then a very good lawyer would be wise to consult with.

There may be a chance of reprieve should they be convicted of this crime. It is a felony and punishable in all 50 states. Since they are accused of extortion that goes beyond the borders of the US, international laws may come into play.

This is going to be a legal mess, but it appears he does not have much of a choice.

Good luck, talk with a lawyer. The sooner the better, there is no hiding from this as he is out of status here in the US.

[JohnR! 5,495]

It is a sticky situation but there is something he can do.

First of all, he should file a complaint with the USCIS for he entered in good faith in what turned out to be a fraudulent situation. His ex-wife is liable for she is the one who filed the initial paperwork, even though they were already married. As the US citizen, she is the one who initiated the fraud. Add extortion and mistreatment to the basked and he may have a good case against her and take her to court.

IMHO it would behoove you to speak to a lawyer who can advise you what his status is in the eyes of the USCIS in regards to his marriage. A lawyer can advise you if the divorce he obtained here in the US invalidates their marriage in their home country as well or it may turn out that the marriage contracted here in the US should be deemed null as a result of the previous marriage. If that should be the case, he should consider seeking nullification of his US marriage, and returning to his home country to obtain a divorce there. That is a requirement if he had any plans of marrying you at some point.

In the event his divorce here clears him from his previous marriage to her, you can marry him here, else he needs to go back home and get that marriage dissolved. Once that is done and he is free to marry again, you can marry in his home country. After you're married you can file for his CR/IR which will include the filing of a waiver for the ban to which he is subjected as a result of his overstay. For spouses, the waiver is almost a formality and provided he does not have criminal record in the US, his crime being none other than overstaying, the waiver should be granted, for separation of couples is deemed as a hardship, for obvious reasons. It is uncommon that a waiver be denied to a spouse with a clean police record. I don't think he can resolve his situation without leaving the US to re-enter as a legal immigrant, but there may be something in his particular predicament that might be brought before a court in the form of an appeal. You know lawyers, they sometimes pull rabbits out of their hats. However, if he has to leave, his case is better served by his leaving on his own volition than under formal deportation proceedings by the USCIS.

I don't think there is one simple straight answer to his situation and I would definitely begin by talking to an immigration lawyer. It may seem daunting with so many variable, but if you work out an action plan and tackle one goal at a time, there is no reason for you not to be optimistic and pursue a life together.

I wish you well and good luck in your endeavor!

Edited August 10, 2012 by Gegel

[JohnR! 5,495]

If indeed there is documentation (letters, emails, phone records) of alleged extortion, then a very good lawyer would be wise to consult with.

There may be a chance of reprieve should they be convicted of this crime. It is a felony and punishable in all 50 states. Since they are accused of extortion that goes beyond the borders of the US, international laws may come into play.

This is going to be a legal mess, but it appears he does not have much of a choice.

Good luck, talk with a lawyer. The sooner the better, there is no hiding from this as he is out of status here in the US.

X 2!!!

[savingsam 1]

@ Gegel, So as long as he is no longer married in either country we are free to marry here? He says the papers were never filed in his home country (as the inlaws had the paperwork) and only the religious ceremony was performed in which he has pictures for proof of, then they came here and were married stateside and a divorce granted from that

[Que Saudade 284]

If that should be the case, he should consider seeking nullification of his US marriage, and returning to his home country to obtain a divorce there. That is a requirement if he had any plans of marrying you at some point.

I agree with Gegel's post also. But, since he has occurred overstay more than a year, he will get a 10 year ban if he leaves the US.

As we both have pointed out, a lawyer is recommended highly in this situation. Make sure you address the legal issues and get a ruling prior to leaving the US. I again want to strongly urge that you promptly begin some avenue of legal advice. Should your sweetheart get stopped for any reason by law enforcement, the path to figuring out what to do may abruptly halted as he has no legal grounds for currently being here in the US.

First of all, he should file a complaint with the USCIS for he entered in good faith in what turned out to be a fraudulent situation. His ex-wife is liable for she is the one who filed the initial paperwork, even though they were already married. As the US citizen, she is the one who initiated the fraud. Add extortion and mistreatment to the basked and he may have a good case against her and take her to court.

A very good point indeed. Please remember that you can not hide from this any longer. It will only make the situation worse.

@ Gegel, So as long as he is no longer married in either country we are free to marry here? He says the papers were never filed in his home country (as the inlaws had the paperwork) and only the religious ceremony was performed in which he has pictures for proof of, then they came here and were married stateside and a divorce granted from that

What country are you referring to? That would be beneficial information to have.

Also, does he have a copy of the divorce decree?

Since he entered his original marriage from K1 in good faith., there should not be any problem there.

He is legally divorced here and no recognition of the same marriage in home country, then he should be legally able to enter into another marriage here in US.

You guys could get married and go for adjustment based on your marriage here in US.

You guys will get an interview and have to explain all of the details that you have pointed out here.

Any rebuttals?

Edited August 10, 2012 by Que Saudade

[savingsam 1]

I agree with Gegel's post also. But, since he has occurred overstay more than a year, he will get a 10 year ban if he leaves the US.

As we both have pointed out, a lawyer is recommended highly in this situation. Any recommendations for a "brilliant" lawyer? Make sure you address the legal issues and get a ruling prior to leaving the US. I again want to strongly urge that you promptly begin some avenue of legal advice. Should your sweetheart get stopped for any reason by law enforcement, the path to figuring out what to do may abruptly halted as he has no legal grounds for currently being here in the US.

A very good point indeed. Please remember that you can not hide from this any longer. It will only make the situation worse.

What country are you referring to? That would be beneficial information to have.

Also, does he have a copy of the divorce decree?

Since he entered his original marriage from K1 in good faith., there should not be any problem there.

He is legally divorced here and no recognition of the same marriage in home country, then he should be legally able to enter into another marriage here in US.

You guys could get married and go for adjustment based on your marriage here in US.

You guys will get an interview and have to explain all of the details that you have pointed out here.

Any rebuttals?

Edited August 10, 2012 by savingsam

[JohnR! 5,495]

@ Gegel, So as long as he is no longer married in either country we are free to marry here? He says the papers were never filed in his home country (as the inlaws had the paperwork) and only the religious ceremony was performed in which he has pictures for proof of, then they came here and were married stateside and a divorce granted from that

In parts. IF his religious marriage in his home country has no legal value there, i.e. if despite calling it a 'wedding' it was only a blessing of sorts, then he was only married once, here in the US. I can't answer to the validity of his religious marriage, unfortunately, and what you may do is call his country's consulate in the US and inquire about that marriage. In some countries, a religious ceremony is considered valid, legal and binding for all purposes. They might be able to give you a direct answer or even be able to dissolve that marriage based on his US divorce, if that should be warranted. The laws are different in each country, as you can appreciate.

Now, before you get married in the US, do speak to an immigration lawyer. His situation is unusual. According to his visa - K-1 - he entered the US with the intent of marrying the petitioner. Under that visa he could not marry anyone else, regardless. The curve ball here is that he did marry the petitioner and now is divorced. In marrying the petitioner he satisfied the condition of his visa, and only an immigration lawyer can advise you as to whether the conditions of the original K-1 are still binding, considering he never filed for AOS, in which case, you should not marry here, lest you make the situation worse.

Again, the silver lining is that if his religious marriage is not legally binding, you can marry him, if only in his country, and from that point you can file for his CR/IR and the waiver.

In the event that you can get married in the US, in some cases, the USCIS allows for the beneficiary to file for the waiver here in the US, with a faster processing time than a waiver filed abroad; so if he has to leave the country, at least that may have been taken care of. It all depends on certain criteria, and again, an immigration lawyer can advise you on that as well.

I guess what I am trying to say is that there are several avenues of possibilities, each dependent on specific circumstances.

Here is a link on the waiver topic, for edification purposes only: http://www.usatoday.com/USCP/PNI/NEWS/2012-01-07-PNI1207met-immigration-changeART_ST_U.htm

[savingsam 1]

@ Que Saudade: Apparently I haven't figured out how to respond to just your post He is from India and we are trying to obtain a copy of the divorce since it was entered by default when the inlaws threatened to have him deported if he appeared at the hearing, and we fear the same by going to get a copy from the courts.. Any recommendations of a "brilliant" lawyer?

[Harpa Timsah 13,258]

He is legally divorced here and no recognition of the same marriage in home country, then he should be legally able to enter into another marriage here in US.

You guys could get married and go for adjustment based on your marriage here in US.

You guys will get an interview and have to explain all of the details that you have pointed out here.

Any rebuttals?

No, they cannot do AOS, as stated in my first post, because a K-1 can only adjust through marriage to the petitioner - not a different marriage. It doesn't matter where they marry.

Edited August 10, 2012 by Harpa Timsah

[JohnR! 5,495]

Since he entered his original marriage from K1 in good faith., there should not be any problem there.

He is legally divorced here and no recognition of the same marriage in home country, then he should be legally able to enter into another marriage here in US.

You guys could get married and go for adjustment based on your marriage here in US.

You guys will get an interview and have to explain all of the details that you have pointed out here.

Any rebuttals?

The only thing I am not sure is whether he could go through AOS based on marriage to another citizen. One can always argue that the K-1 does not demand that the beneficiary undergo AOS, so the conditions of his K-1 were satisfied with his marriage alone.

[Harpa Timsah 13,258]

The only thing I am not sure is whether he could go through AOS based on marriage to another citizen. One can always argue that the K-1 does not demand that the beneficiary undergo AOS, so the conditions of his K-1 were satisfied with his marriage alone.

I answered, twice now. It's no, not possible.