Marriage is Failing ... What to do?

[Jemmuzik 0]

My niece arrived on a K1 Visa and her young son on a K2 visa. She will be married two full year by April of 2013.

Her husband has however, not done the things he should have.

On another post someone said that there 3 reasons why the US citizen spouse fails to file for AOS as soon as possible after the marriage:

1) He/She is abusive, trying to have leverage on the foreign spouse, wants to be able to get rid of her/him if the need arises.

2) They are as poor as a mouse living under the bench of a church.

3) He/She is extremely smart.

Let's assume #3 is the case.

Now, AOS will require to file an I-130 ($420) in addition to the I-485 ($1,070). A new medical is also required.

Yet, the foreign spouse gets an unrestricted 10-year Green Card and the couple does not have to file for Removal of Conditions, which saves them $590 and a lot of headaches.

Then again, in the past 3 years the foreign spouse could have contributed to the family's income, so maybe the US citizen spouse wasn't that smart after all, which would eliminate #3. Which leaves us with #1 or #2, or a combination thereof.

***

In her situation, it is 1 and 2

He does not even give her pocket money. He tells her he did not file papers to legalize her status nor money for simple things in order to control her and keep her from leaving him, because he was testing her. His brother informed me that he isn't filing her as a dependent on his taxes, and that he did not add her to any bank accounts, or anything else.

I am outraged that he essentially has her for free sex, and am worried for her safety and her six yr old son. What can I do to legally process her? Does she need to stay in this marriage a full two years and simply have me file the papers and pay the fees for her? But that would require his cooperation with interview etc...?

Or is there some legal recourse she can take to file for residency on her own? Is there a free legal service that can help her do the filings on her own (she is in Wichita, KS but I am in California)? Other than showing proof they live together via letters to their home and presents I have sent her, and the elementary school her son attends there, what documents can she show that it has been a real marriage thus far? She has been a good wife and patient, but he has been acting strange, by being aloof, isolated and on his computer all night...and for me, I have heard of men who bring women over to marry only to kill them to start over in a new relationship. I know that is extreme but I do worry for her and her son.

I am a citizen and her father's first cousin. Can my husband and I file on her behalf?

Pls help.

[newlyweds2010 208]

My niece arrived on a K1 Visa and her young son on a K2 visa. She will be married two full year by April of 2013.

Her husband has however, not done the things he should have.

On another post someone said that there 3 reasons why the US citizen spouse fails to file for AOS as soon as possible after the marriage:

1) He/She is abusive, trying to have leverage on the foreign spouse, wants to be able to get rid of her/him if the need arises.

2) They are as poor as a mouse living under the bench of a church.

3) He/She is extremely smart.

Let's assume #3 is the case.

Now, AOS will require to file an I-130 ($420) in addition to the I-485 ($1,070). A new medical is also required.

Yet, the foreign spouse gets an unrestricted 10-year Green Card and the couple does not have to file for Removal of Conditions, which saves them $590 and a lot of headaches.

Then again, in the past 3 years the foreign spouse could have contributed to the family's income, so maybe the US citizen spouse wasn't that smart after all, which would eliminate #3. Which leaves us with #1 or #2, or a combination thereof.

***

In her situation, it is 1 and 2

He does not even give her pocket money. He tells her he did not file papers to legalize her status nor money for simple things in order to control her and keep her from leaving him, because he was testing her. His brother informed me that he isn't filing her as a dependent on his taxes, and that he did not add her to any bank accounts, or anything else.

I am outraged that he essentially has her for free sex, and am worried for her safety and her six yr old son. What can I do to legally process her? Does she need to stay in this marriage a full two years and simply have me file the papers and pay the fees for her? But that would require his cooperation with interview etc...?

Or is there some legal recourse she can take to file for residency on her own? Is there a free legal service that can help her do the filings on her own (she is in Wichita, KS but I am in California)? Other than showing proof they live together via letters to their home and presents I have sent her, and the elementary school her son attends there, what documents can she show that it has been a real marriage thus far? She has been a good wife and patient, but he has been acting strange, by being aloof, isolated and on his computer all night...and for me, I have heard of men who bring women over to marry only to kill them to start over in a new relationship. I know that is extreme but I do worry for her and her son.

I am a citizen and her father's first cousin. Can my husband and I file on her behalf?

Pls help.

No, she can only adjust status through her K1 petitioner. Also, you as a US Citizen cannot sponsor a niece.

Edit: Do you think she would fall within the application of VAWA?

Edited November 21, 2012 by newlyweds2010

[C-ma'am 684]

**Moved from K1 main to Effects of Major Changes on Immigration Benefits. Post not related to a K1 process and it's more suited for this part of the forum.

[Jemmuzik 0]

I don't know what VAWA is?

Grew up here in the USA so all immigrational related acronyms and documents need to be spelled out for me fully...appreciate it in advance.

[GandK 168]

It looks like a fail marriage.

You can't file for her. She and her son was given the visa and entered this country on the premise of marrying this particular man on the K-1 visa.

Nothing to do, she can't stay legally without AOS with him. That why K-1 visa holders are given 90 days to marry their petitioner, to see how it is like living together and if it is going to work out.

Better to end the marriage, go back home and move on with her life if she doesn't see a future with this man.

[Jemmuzik 0]

Ok I just for d the thread on VAWA...she may qualify for that, but she is "out of status" as obviously her K1 visa expired and he refuses to change her status or file for her. Will VAWA apply for someone out of status?

[Cathi 5,784]

It looks like a fail marriage.

You can't file for her. She and her son was given the visa and entered this country on the premise of marrying this particular man on the K-1 visa.

Nothing to do, she can't stay legally without AOS with him. That why K-1 visa holders are given 90 days to marry their petitioner, to see how it is like living together and if it is going to work out.

Better to end the marriage, go back home and move on with her life if she doesn't see a future with this man.

the 90 days is NOT to see if the relationship is going to "work out". The 90 days is given to make any arrangements for the marriage and to get married!!!! I will never understand why people here continually think and or state that a k-1 visa is a "get to know you" visa. A k-1 is for the foreign fiance to come and GET MARRIED to a USC!!!!!

[GandK 168]

the 90 days is NOT to see if the relationship is going to "work out". The 90 days is given to make any arrangements for the marriage and to get married!!!! I will never understand why people here continually think and or state that a k-1 visa is a "get to know you" visa. A k-1 is for the foreign fiance to come and GET MARRIED to a USC!!!!!

Legally yes, but practically you know very well that there are thousands of couples who just met on the internet, met in real life once during vacation and then decide to get married without even having lived together for longer than a week.

When you live together and see each other everyday, sudden it is all not sugar sweet as expected and you start to see the other sides of each other.

Edited November 21, 2012 by GandK

[huongkhin 9]

She needs help... for GC or not. No women should take the abuse. Tell her to call the hotline and ask for help ASAP.

I personally know a case. The wife was granted permanent residency by an immigration judge.

[jaycali 415]

She may very well fall under VAWA. If all of this is correct, it is exactly what VAWA was meant to do - Keep an abusive USC husband/wife from having leverage over the foreigner. Any time the "if you don't do as you're told, I'll have ICE come get you" card is pulled, VAWA is not a far fetched idea.

I personally know of one law firm in Southern California that I trust. They're called Wolfsdorf http://www.wolfsdorf.com/

They held plenty of immigration workshops at my school, and have given me numerous very pleasant consultations, for free.

[iluvmy_hubbybunny 9]

Legally yes, but practically you know very well that there are thousands of couples who just met on the internet, met in real life once during vacation and then decide to get married without even having lived together for longer than a week.

When you live together and see each other everyday, sudden it is all not sugar sweet as expected and you start to see the other sides of each other.

big

[Artisan 138]

Ok I just for d the thread on VAWA...she may qualify for that, but she is "out of status" as obviously her K1 visa expired and he refuses to change her status or file for her. Will VAWA apply for someone out of status?

First and foremost don't worry about her immigration status or applying for VAWA yet. You want to get her out of that household with her child and quickly. The longer she stays there the harder it will be on everyone.

Wichita is a decent sized city and has plenty of resources for her to utilize to ensure the safety of her child and herself. She needs to not worry about any sort of belongings or possessions other than some clothes and personal effects that can be packed in a small suitcase. The best time to leave is just after her husband has left for work. If she feels like there may be no chance of her leaving without confrontation I recommend calling the local police and request transportation to a local shelter.

The Wichita, KS YMCA Women's Crisis Center Hotline - (316)267-7233

Catholic Charities Harbor House (Women & Children shelter) - (316)263-6000

Have her call one of these organizations and she can explain that she is under emotional abuse and being held under threat of deportation and she needs to be removed from the home immediately. Neither of these organizations will care about her immigration status. Their only concern will be in ensuring that she is safe and out of harm's way.

Once she is safely in a shelter you may want to have her give them your contact information. The next step is to contact legal aid. The local number for them in Wichita is (316)265-9681. She'll want to apply for an order of protection by calling the Family Law Department at (316)660-5290. If she fears any sort of physical attack, abuse, or restraint she needs to contact the Wichita PD Domestic Violence Division at (316)268-4157.

Once she has spoken to a lawyer or legal aid they can help her piece together the paperwork she'll need for immigration. If she was actually married there will be public documentation the various parties will require for evidence. It will all work out as long as she is honest with them concerning her situation and doesn't try to hide anything.

My only word of warning is that your niece needs to be committed to getting out of the situation. Womens' organizations and police both are frustrated when battered or abused women recant or change their stories because they feel like giving their abusers another chance. Given what you have told us here your niece has no future with this man and needs to extract herself and her child from the situation. Her concern about being deported should be secondary to her safety and mental well-being.

[Ihavequestions 419]

I'm confused.

Are you saying her husband did not attempt to adjust her status after they were married and she is now out of status?

[Ihavequestions 419]

Ok I just for d the thread on VAWA...she may qualify for that, but she is "out of status" as obviously her K1 visa expired and he refuses to change her status or file for her. Will VAWA apply for someone out of status?

I'm sorry. I just noticed this post.

She's out of status and he must know this - not cool at all.

Follow the advice the others have given, starting with get removing her and her son from the situation.

[ujunnanna 2]

The USCIS has made a provision for that by requiring the two year wait before a ten year GC. If the marriage is failing or has failed, He or she should pack up and leave. It's a statistical fact of life that 50% of marriages fail; going into this marriage for most people, the odds are already against you, so you have to give it your absolute best, unless you have a different agenda. A few people file the i-129f for foreign love interests more interested in coming to America than in marrying the person that filed for them. This is sad. I actually know of someone that flew into her Boyfriend's arm, ...at the airport! The USC that actually filed for her was there; with flowers and his friends to welcome her, looking like a fool. But I digress. However, I will not take sides because I don't live with them. She could be a bi@tch to him but a sympathy hog to others, or he could be a a@hole to her, who knows?