K1 immigrant Rights (Out of Status)

[d3adc0d3 186]

This is probably an awkward question, but I'll give you all a little background so you understand why I'm asking.

I was at a fair for the 4th of July, and while I was there I was harassed and assaulted by a small group of (very drunk) young men. I am okay, I got away with a nasty bruise on my leg and my temper at it's worst. One of those "men" didn't come out NEARLY as good -- do not piss of an irish-american woman, it's not good for your health!

My soon to be husband asked me if a similar situation was to occur what would happen? Would he be able to protect me, or would he get deported if he got in a fight?

Basically we want to know what his rights are while he's "out of status" but entered on his K1 -- as it can take a while for the AoS to go through the process. Sadly this is not the first time this has happened to me - I'm a very small framed woman, and drunk men seem to think I'm an easy target, so this is a real concern.

Edited July 8, 2013 by d3adc0d3

[Harpa Timsah 13,258]

Well when your husband is with you hopefully people will be less likely to bother you.

But assault is a crime, so no one should go around punching people. If he were in real immediate danger he could protect you, just like anyone.

Can't you just walk away?

[d3adc0d3 186]

I was grabbed and they tried to drag me off, I kicked him, broke free and found a cop who was patrolling the fair about 10 yards away, I told him what happened and he kicked them out and the state will likely press charges. I'm from another state (I was visiting family) so I didn't bother as I don't want to drive 6+ hours for a court date.

I had one man about 6 months ago shove me into a wall pin me there and try to shove his hand up my shirt.

We're not talking about someone tried to grab my #### and him turning around and mauling them. We're talking about a similar situation where I am unable to get away, so he would most definitely be protecting me -- not assaulting someone based on an insult.

Edited July 8, 2013 by d3adc0d3

[Darnell 8,478]

if your husband was carrying one or two touch tasers and 30 inch zip ties then stopped an attacker using the taser and tied him up with the zip ties,

in most states he'd be ok - that's not considered assault.

plan ahead, aye?

[d3adc0d3 186]

Oh lawd. I doubt we'd be prepared for it every time we go out. xD

C'mon be realistic...

I'm not asking because I think it WILL happen -- I rarely have issues when there's a man with me, but I would like to know so we know how to handle the situation if it DOES arise.

[Harpa Timsah 13,258]

His rights are the same, though his crimes can get him deported or prevent him from becoming a citizen. While his AOS is pending he is not out of status.

Don't you get a creeper vibe and leave well before someone strangles you?

[d3adc0d3 186]

His rights are the same, though his crimes can get him deported or prevent him from becoming a citizen. While his AOS is pending he is not out of status.

Don't you get a creeper vibe and leave well before someone strangles you?

I'm hard of hearing, and I was in a crowd, so I couldn't hear anything over the crowd -- it was all noise to me. If I could've avoided the situation I would. I don't put myself in a place to be harassed or assaulted.

Regardless it is NOT my fault that some drunk idiot decides he can't take "no" as an answer.

The way you're grilling me, comes across like you're blaming me for putting myself in that situation. I don't know if that's your intention but it's rather insulting. It's not the victim's fault for instigating the assaulter -- that's an abuser's mentality. Any human being has the ability to control themselves and not assault someone, we all do it every day... no matter how much we want to punch that superior smirk off that clerk's face. Their lack of self control -- alcohol induced or not -- is not my fault. I was minding my own business.

Edited July 8, 2013 by d3adc0d3

[Harpa Timsah 13,258]

I am not attacking you at all. Just curious how this happens all the time. I have advised my friends to keep themselves in positions of power so they don't get in compromising positions, because I learned it wasn't obvious to them. You seem proud of it though... saying "don't mess with me."

Sorry if you were offended.

[Darnell 8,478]

Oh lawd. I doubt we'd be prepared for it every time we go out. xD

C'mon be realistic...

I'm not asking because I think it WILL happen -- I rarely have issues when there's a man with me, but I would like to know so we know how to handle the situation if it DOES arise.

all that stuff can be kept in a fanny pack and slung over the shoulder - easy peasy.

if'n you don't want to use a fanny pack - i note zip ties fit easily through belt loops, and (mostly) stay in place..

[loughrey101 13]

if your husband was carrying one or two touch tasers and 30 inch zip ties then stopped an attacker using the taser and tied him up with the zip ties,

in most states he'd be ok - that's not considered assault.

plan ahead, aye?

It's not considered assault if he hits solely for the purpose of self defence and to defend his fiancé would be considered self defence. That's a basic human right and duty as an empathic person to defend yourself and protect the vulnerable. He would have the same rights as an American citizen because the same law applies to anyone in the United States.

[loughrey101 13]

This is probably an awkward question, but I'll give you all a little background so you understand why I'm asking.

I was at a fair for the 4th of July, and while I was there I was harassed and assaulted by a small group of (very drunk) young men. I am okay, I got away with a nasty bruise on my leg and my temper at it's worst. One of those "men" didn't come out NEARLY as good -- do not piss of an irish-american woman, it's not good for your health!

My soon to be husband asked me if a similar situation was to occur what would happen? Would he be able to protect me, or would he get deported if he got in a fight?

Basically we want to know what his rights are while he's "out of status" but entered on his K1 -- as it can take a while for the AoS to go through the process. Sadly this is not the first time this has happened to me - I'm a very small framed woman, and drunk men seem to think I'm an easy target, so this is a real concern.

You need to be more concerned with avoiding being alone in situations where you have the chance of being raped. Having more than one attack in recent time happen to you, which could have led to rape, is a cause for concern and you owe it to your fiancé to avoid dangerous situations like that. A woman of any height and strength should never be going home from pubs etc. alone because these things will happen. You need to be careful because the next time you might not be as fortunate. As regards your fiance, he would be perfectly in his right to defend himself and protect you just like any American because this goes beyond civic rights, it's a human right to protect and defend.

[d3adc0d3 186]

You need to be more concerned with avoiding being alone in situations where you have the chance of being raped. Having more than one attack in recent time happen to you, which could have led to rape, is a cause for concern and you owe it to your fiancé to avoid dangerous situations like that. A woman of any height and strength should never be going home from pubs etc. alone because these things will happen. You need to be careful because the next time you might not be as fortunate. As regards your fiance, he would be perfectly in his right to defend himself and protect you just like any American because this goes beyond civic rights, it's a human right to protect and defend.

Thank you for actually answering my questions.

I was not at a pub alone (I wouldn't go to one anyways, I don't even drink). I was at a county fair with my mother, her boyfriend, and my children to see the fireworks for the fourth -- this is a family event. I was returning from a walk from the ATM machine and a vendor, on my way to the seating area where my family was. I did not stop and talk or socialize with anyone, I was not dressed provocatively, and I was minding my own business. The incident from 6 months or so ago I was at a concert, again not socializing with anyone, not dressed provocative (unless jeans and a band shirt count as "provocative") -- and I had a friend with me.

Disclaimer: This is not directed at you (loughrey101), or anyone who posted in this thread at all. This is just me ranting at the concept in and of itself.

I find it absurd that I should "consider myself lucky" that I "didn't get raped". Since when can a woman not go out alone without a threat of being raped or assaulted? Since when was it that anyone's responsibility to make sure s/he had someone with him/her to ensure s/he is safe? Since when is it a person's fault that s/he gets assaulted? Am I the only one here who finds this entirely disgusting and degrading? Shouldn't it be a basic human right to go out and enjoy yourself without being harassed, assaulted or raped, regardless of your gender? This abusive mentality that people seem to have just disturbs me. I'm far from a feminist, but dear lord hearing this thought pattern from men and women alike just shocks and disturbs me.

Edited July 8, 2013 by d3adc0d3

[MachelandSnookums 0]

I think your fiance should try to avoid all possible conflicts if possible, because it will look has if he is a troublemaker to an Immigration Officer/Judge /police Officer if he was to defend you all the time, and has for you i would personally get myself a pepper spray or teaser for my own protection.

you have the right to protect yourself if you feel you are in danger, just try to remember your fiance is still not in the green so try to be cognizant of that fact and don't let him jeopardize both your future for people who don't have any worries.

[fantonledzepp 159]

If you are in danger, you do what you have to do. Know how to articulate for the police, should they arrive. I once locked up some drunk guy who decided to grab a woman's butt, her husband laid him out on the ground really nicely. Do you think that I paid any attention to his complaint that he husband knocked him to the ground?

Edited July 8, 2013 by fantonledzepp

[JimVaPhuong 4,863]

Any crime that would make him inadmissible if he were applying for a visa would ALSO make him deportable. Simple assault is not classified as a crime involving moral turpitude, and he would not be deported for it. Assault with intent to kill, commit rape, commit robbery, commit serious bodily harm, or with a dangerous or deadly weapon IS classified as a crime involving moral turpitude, and he COULD be deported if convicted.

Unfortunately, people frequently get convicted in court not on the basis of what actually happened, but rather on the basis of what someone else said.

I don't doubt that he'll man up and defend you if he's put in that position, but it would be best if you could avoid situations where he might be put in that position. If you go places where people are going to be drinking then go in a group with other friends. You're less likely to be harassed if you're with a group of friends, and he's less likely to end up in a fight if he's not the only person in the group who can defend you. I know it might not seem fair that you should have to change your behavior like that, but the reality is that he will want to keep his record squeeky clean in order to keep things smooth with immigration authorities, and you have an obligation to help him with that.