Victim of marriage fraud

[erynaught 43]

It doesn't matter if she marries someone else, since she entered on a K-1 she can only ever adjust status to the person who sponsored her for a K-1, i.e. you.

What if immigrant married someone other than K1 sponsor and later filed VAWA petition to adjust status claiming abuse by the spouse?

[Darnell 8,478]

What if immigrant married someone other than K1 sponsor and later filed VAWA petition to adjust status claiming abuse by the spouse?

are you fishing?

[erynaught 43]

I'm asking a question based on a certain scenario. Hypnos implied that the K1 is an immigration roadblock for the beneficiary and I'm not sure that it is.

[VanessaTony 3,567]

What if immigrant married someone other than K1 sponsor and later filed VAWA petition to adjust status claiming abuse by the spouse?

Nope.

The ONLY path is marriage to the USC petitioner per INA 245(d). The K1 is very restrictive in that manner.

On the I-360 instructions: http://www.uscis.gov/files/form/i-360instr.pdf page 6, it states:

Self-Petitioning Battered or Abused Spouse or Child of a U.S. Citizen or Lawful Permanent Resident

You may self-petition for immediate relative or family-sponsored immigrant classification if you:

1. Are now the spouse or child of an abusive U.S. citizen or lawful permanent resident;

2. Are eligible for immigrant classification based on that relationship

There are more points to the checklist but the 2nd is the important one. While eligible on #1, the K1 is not eligible based on #2. The K1 could not have adjusted status based on their marriage to their USC spouse because they were not the original K1 petitioner, so they are not "eligible for immigrant classification based on that relationship".

Honestly, if someone comes on a K1 and they don't marry their petitioner, they put themselves in quite the spot. They MUST leave. There is no other avenue to stay. They could marry someone else as long as they then leave to file a spousal visa (which would still have major red flags) and before accumulating too much overstay which gives them a ban.

Edited April 17, 2013 by Vanessa&Tony

[TBoneTX 45,291]

Two-year-old thread is now closed to further comment.

A recent post has been split into its own thread in this same forum, thread title "What are VAWA's Impacts on Accused, Accuser, & Future Sponsorship? [split topic]."

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