Jump to content
shawnandshelly

K-1 can't stay and can't go back

By shawnandshelly in Effects of Major Family Changes on Immigration Benefits

 Share

8 posts in this topic

Recommended Posts

shawnandshelly Explorer

shawnandshelly   3

Posted
Filed: K-1 Visa Country: Jamaica
 Timeline
Posted

Hello Everyone,

I have a friend who just entered the US a couple months ago on a K-1 visa and he was accompanied by his daughter K-2 visa. He realized the woman he was in love with is psychologically ill. She is on a plethora of medication and mood swings are severe. He continued the process and reluctantly married his fiance but he is now in fear of his daughter and his well being. He has been threatened and objects thrown at him and there are scary times like seeding in the car while threatening to kill everyone in it. Police have been called in-several instance and she even burned his cloths in the back yard with her kids (4 under age 9) assisting and watching. He sold everything he has back home and will be desolate if returns. He has family in the US along with original sponsor (not fiance) willing to help him get away from this crazy situation but no one knows if he can continue with an AOS if he leaves now. Please help! Any advise is appreciated. We are in fear of every minute they are under her roof.

Link to comment
Share on other sites
Girl from Celebes Experienced

Girl from Celebes   588

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

Hello Everyone,

I have a friend who just entered the US a couple months ago on a K-1 visa and he was accompanied by his daughter K-2 visa. He realized the woman he was in love with is psychologically ill. She is on a plethora of medication and mood swings are severe. He continued the process and reluctantly married his fiance but he is now in fear of his daughter and his well being. He has been threatened and objects thrown at him and there are scary times like seeding in the car while threatening to kill everyone in it. Police have been called in-several instance and she even burned his cloths in the back yard with her kids (4 under age 9) assisting and watching. He sold everything he has back home and will be desolate if returns. He has family in the US along with original sponsor (not fiance) willing to help him get away from this crazy situation but no one knows if he can continue with an AOS if he leaves now. Please help! Any advise is appreciated. We are in fear of every minute they are under her roof.

That is tough decision but he has to come back to his home country if he is not married to his petitioner. That's a rule of K-1 visa. He can't AOS without married to his petitioner.

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

Link to comment
Share on other sites
Al422 Experienced

Al422   221

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

If he hangs on long enough to marry her, there is a way that a victim of domestic violence can self-petition for his AOS without the cooperatioin of the spouse. It is, however, complicated and something that should be done by a lawyer.

Link to comment
Share on other sites
Ontarkie Grand Master

Ontarkie   14,221

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

~~Moved to Effects of Major Family Changes on Immigration Benefits, from K-1 Fiance(e) Visa Process & Procedures~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites
christeen Experienced

christeen   966

Posted
Filed: Citizen (apr) Country: Italy
 Timeline
Posted

If he is married, he can look into VAWA, (men can file too) ... Look under the guides for more info...

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Link to comment
Share on other sites
Abby&Mario Enthusiast

Abby&Mario   100

Posted
Filed: Lift. Cond. (pnd) Country: Colombia
 Timeline
Posted

The guy is married already, folks. I found this link under Special Circumstances on the Guides page: http://www.visajourney.com/content/family-status-immigration-a

I don't see a VAWA-specific guide (if it exists, someone please link to it), although there are frequent threads for those going through the process. Member sandranj (Brazilian flag) seems to be the expert on this stuff. Here is the link to the most recent thread: http://www.visajourney.com/forums/topic/477746-vawa-part-5/%C2'>

I hope someone who knows more about this topic comes along and helps. The U.S. citizen is always the primary sponsor for AOS regardless of income, so her cooperation would be needed under normal circumstances, but I do not know if things change in an abusive situation. Best of luck to your friend.

USCIS (Priority date April 1, Approval April 17, no RFEs)

March 28, 2014: I-130 sent via FedEx from Bogotá to Chicago Lockbox

April 1, 2014: Delivered to Chicago Lockbox at 10:29 a.m. according to FedEx tracking; signed for by J. CHYBA (date confirmed by My Case Status)

April 4, 2014: NOA1 e-mail received at 12:17 a.m.; case accepted and routed to CSC for processing. Check cashed.

April 17, 2014: Changed mailing address with USCIS Tier 2 representative. He also confirmed that our case had arrived to the CSC and that our NOA1 date is April 3.

April 18, 2014: NOA2 e-mail received at 12:30 a.m. Case status online changed to post-decision activity; date of "last updated" changed to April 17. Change of address e-mail received at 3 a.m. Status changed back to initial review on e-mail and online. Date of "last updated" now April 18. Called and spoke to two Tier 2 reps; both were useless.

April 21, 2014: Approval confirmed verbally by Tier 2 rep. Order put in to send second NOA2 hard copy to new address. Instructed to ignore online case status.

April 25 or 26, 2014: NOA1 hard copy arrives to old apartment in Bogotá. Priority date actually April 1. (April 3 was the notice date.)

May 16: USCIS change of address e-mail received

May 19: USCIS e-mail received saying a duplicate notice was mailed on this date. Case status now set to "Acceptance."

May 22: NOA2 duplicate hard copy arrives to U.S. address

NVC

April 29, 2014: Case received

​May 22, 2014: Case number and IIN assigned. Asked operator about our move from Colombia to Argentina and received instructions.

May 24, 2014: E-mails about embassy change/address change sent to nvcinquiry@state.gov at 4:36 p.m. NVC time

​June 3, 2014: Payment portal message "This case is in the process of termination" appears. DS-261 appears, submitted. E-mails received from NVC concerning case number and AOS bill.

June 4, 2014: AOS payment invoiced, paid; DS-261 received by NVC

June 6, 2014: AOS payment shows as PAID in payment portal

June 17, 2014: Response received from nvcinquiry@state.gov. "The correspondence submitted is currently under review. An appropriate action will be taken once this review is completed."

June 24, 2014: AOS package sent via FedEx overnight shipping from Houston to NVC

June 25, 2014: AOS package delivered at 9:43 a.m. according to FedEx tracking; signed for by F.FNU

July 1, 2014: AOS package scanned

July 18, 2014: Checked payment portal and saw: "CASE NUMBER CHANGE: The applicant's case number, [bGT#], has been changed to [bNS#]." Called and confirmed. Also said today marked 30 business days since NVC received DS-261; operator said she would have that reviewed and make IV payment available ASAP.

August 5: E-mail sent to nvcinquiry@state.gov concerning changing our embassy BACK to Bogotá at 6:41 p.m. NVC time

August 6: IV invoice e-mail FINALLY received at 2:13 a.m. NVC time

August 7: IV payment made available on payment portal; paid

August 8: IV payment shows as PAID in payment portal; DS-260 becomes available

August 14: Checklist received; errors on sponsor's I-864 form and on joint sponsor's I-864A

August 15: DS-260 submitted

August 29: Checklist response and IV package sent via FedEx ground from Houston to NVC

September 4: Checklist response and IV package delivered at 11:21 a.m. according to FedEx tracking; signed for by GPETERS

September 8: Checklist response and IV package scanned

September 10: DS-260 accepted; false checklist received

September 17: E-mail response received from asknvc@state.gov (30 business days/43 calendar days later): Correspondence under review

September 26: Embassy change approved; new case number assigned

October 30: CASE COMPLETE

Embassy

Interview scheduled: Nov. 10 -- Medical: Nov. 25 -- Interview: Dec. 1, 9:30 a.m. APPROVED! -- Visa in hand: Dec. 5 -- POE: Dec. 29 in Houston

Link to comment
Share on other sites
shawnandshelly Explorer

shawnandshelly   3

Posted
Filed: K-1 Visa Country: Jamaica
 Timeline
  • Author
Posted

Thank you Abby&Mario The link was super helpful. Today she had some strange guy come in the house walking around like he owned the place and never greeting my friend (husband/man of the house) the man was in there marital bedroom with his wife with the door closed and my friend says the situation was very threatening. They are out of the house and on a plane to safety in the morning and we will seek an attorney. The best thing to do is get especially the child out of that situation.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...