dont even know where to start

[JohnR! 5,495]

@ 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?

He can go to the courthouse and request a copy of the divorce decree without any fear. Unless specifically stated in the process, divorce records are considered public records and he may be able to get a copy of it online, otherwise, as the named party in the decree, he can request it at the courthouse. Of that he need not be afraid. In most places he can just walk in and request a copy of the document.

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

Our posts crossed... sorry!

[Que Saudade 284]

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.

But it is essentially no different than someone coming over on a tourist visa and getting married now? He fulfilled the obligation of marrying the petitioner. And then was divorced. He didn't enter into a "scam" marriage (as far as he was concerned).

There are others that have entered on K1, married, divorced, moved on with their lives and remarried here in US.

I guess the biggest problem is he hasn't adjusted status from his K1. If that is the case, can he not file for adjustment from that process? I have briefly read threads about beneficiaries adjusting on their own after divorce. He would have to show that he entered into the marriage in good faith etc....

OK, I digress as I do not want to confuse the OP with bouncing semantics and ideas off of his post.

OP, the best advice is to consult with a reputable immigration lawyer. Hopefully someone will recommend one for you.

Edited August 10, 2012 by Que Saudade

[JohnR! 5,495]

On the subject of a brilliant immigration lawyer: Check out your local community. Assuming you are Indian too, check out with others who can recommend a lawyer they have used, and for whom they can vouch. Find a lawyer with some sort of recommendations so you don't get scammed.

Edited August 10, 2012 by Gegel

[savingsam 1]

@ Harpa Timsah Since you are stating it is impossible to go through AOS,then it is possible if we marry here in the US and I file the CR-1? Do you know the fees for a hardship waiver and the best way to approach getting one for this situation? I realize a lawyer is what we really need but due to having to pay money to the ex in laws and his inability to work a decent job - money is a factor and we are hoping to learn as much as we can in order to find a legitimate good lawyer to invest in and hopefully not retain someone who cannot get the job done as we have spoken to a couple that didn't sound very promising . @ everyone Thank you so much for your responses we are trying to stay optimistic in this but it is a very scary situation and all of your suggestions and advice are greatly appreciated

[Justine+David 218]

Why does he have to pay them money? I don't see how he owes them anything, legally.

Suggest also going to immigrate2us.net as there are a lot of couples over there that deal with overstay.

[savingsam 1]

Why does he have to pay them money? I don't see how he owes them anything, legally.

Suggest also going to immigrate2us.net as there are a lot of couples over there that deal with overstay.

He doesn't owe them anything legally but they are a large family with ties in both countries and threaten his mom and family there and also say they will sabotage his sister from ever being able to come to US and he wants to protect his family - therefore trying to satisfy the in laws demands and hoping they will go away but I feel they will do this to him as long as they keep getting by with it and I hate watching this destroy him. He is such a wonderful person and they are taking advantage of his love for his family and using it against him.

TY I will check it out

Edited August 10, 2012 by savingsam

[Hypnos 6,578]

Investigating whether there is a possible VAWA case here for mental abuse would be something that a consultation with an immigration lawyer should include, provided the divorce took place less than two years ago.

Edited August 10, 2012 by Hypnos

[Que Saudade 284]

If the marriage occurred within the 90 days, a person in K1status can still adjust to that of an alien lawfully admitted to permanent residence even if the marriage ends in divorce. Matter of Alfred Sesay, 25I&N Dec. 431 (BIA 2011) & Matter of Le, 25 I&N Dec. 541 (BIA 2011)

The applicant must prove the marriage occurred within 90days of admission and that the marriage was in good faith when it occurred. All the factors surrounding the divorce will be crucial in this decision.

A person in K1 status adjusts status to that of LPR on the basis of the earlier approved I-129F petition. The divorce does not revoke this petition and the K1 is eligible for adjustment upon admission but conditioned on the marriage to the US citizen. The person on K1 status must still not be otherwise inadmissible. In this case, the affidavit of support requirement is met by an approved I-134.

To the OP, you should start this process ASAP as it is going to take some time.!

Edited August 10, 2012 by Que Saudade

[Que Saudade 284]

You should still pursue criminal charges if indeed extortion has taken place. This will be the way to protect his family as you stated they are being threatened. You will need proof!

Edited August 10, 2012 by Que Saudade

[Sandra G. 5,070]

Read about this case that Ninth Circuit have addressed this issue.

In Strokous v. Mukasey, Natalyia Stokous came to the US on a K-1 visa and married her petitioner Borus Bengel. They were divorced before she filed her application for permanent residence. USCIS denied her application for adjustment and the immigration judge found her to be removable. In relying upon the rationale in Choin, the Strokous court said that the fact that Strokous had divorced her husband prior to filing for adjustment was not a valid reason to deny her application for adjustment. They held that, because she had married her K-1 petitioner, she was eligible to adjust her status on the basis of that marriage even though she was divorced at the time she filed her adjustment application.

D

[TBoneTX 46,117]

I've sent the OP a PM in regard to an excellent law firm (with which I have no connection except as a highly satisfied former client).

[Shoot Em Straight 385]

He doesn't owe them anything legally but they are a large family with ties in both countries and threaten his mom and family there and also say they will sabotage his sister from ever being able to come to US and he wants to protect his family - therefore trying to satisfy the in laws demands and hoping they will go away but I feel they will do this to him as long as they keep getting by with it and I hate watching this destroy him. He is such a wonderful person and they are taking advantage of his love for his family and using it against him.

.......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

Loving and helping someone is kind....but given the story you have posted, have you thought about the ramifications on YOUR family if you will successfully marry this man to HELP him?

JUST A THOUGHT as a fellow mother ~

[MichelleClark 0]

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

K1 should no longer be relevant- he entered on K1, married, didn't adjust, divorced.

[Cesar & Cata 35]

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.

This sounds to me like a human trafficking case, "modern slavery", please look into groups that protect these types of victems and even provide legal status in the US, I saw a documentary (natgio) about a similar case where a diplomat brought someone from cambodia and kept her as a slave for years, and now she has USC status and brought her family.

[catknit 144]

Something here seems a bit off to me....from my experience [somewhat limited but heck not super limited] having the ex-wife's family taking this aggressive tactic is completely odd. It is very much counter to a lot of marriage/money BS that happens in South Asia. Daughter-in-laws/wives usually get financially shafted - dowry issues, requests for "gifts", etc.

Having the wife's family pulling the blackmail strings is pretty strange...I'm not saying it doesn't happen, but it is definitely a minority position. Maybe they were just looking for free labor for their business? Who knows. Thank god he got out of that mess...

I'd make sure [as best I could] that there was no agreement at some point of time that could come back and bite him or his family in the backside. It is very possible that he is not aware of back room dealings by his family and he is being completely forthright with you. But, since he is making sure his mom has money to give to the ex's family does not bode well - at all.

Family drama/vendettas/craziness in some desi communities make Lifetime movies look like comedies....