K1 visa, married other USC instead, VAWA

[Lithuanian 1]

Hello, I need an advice.

I came to USA in 2004 on K1 (Fiancé visa) from Lithuania. I find out that fiancé was cheating and we did not get married. At that time, my English was not good and I did not understand the law, that I suppose to leave the country in 3 months if I do not get married.

In 2007 I got married to Naturalized American Citizen from Canada. Husband was an alcoholic, verbally and emotionally abusive, finally he had a long term affair with his employee. He never proceeded to petition for me, stating that we should wait for immigration reform and later on he started threatening me with deportation. I fled him in January 2014. I am getting ready to self petition under VAWA.

I consider myself a part of this country. I learned the language, I worked as independent contractor and helping my husband with business and paid taxes, I volunteered all 10 years I was in the country. I did not commit any crime or offense. I have SSN and legal driver`s license.

My mother and 17 year old sister live in USA and are naturalized American Citizens. My mom and step dad are sick. My sister is senior in high school. They all need my help. I cannot imagine living far away apart from my family and not be able to visit them.

What are my options to become legal if VAWA gets approved and what if not?

[NigeriaorBust 4,087]

From a K1 visa you can only adjust based on the original petitioner. I am afraid you may be out of luck because your VAWA is not related to the original petition. Vawa has a few odd exceptions but I am not sure if any involve a 3rd party petitioners

[Pitaya 2,577]

~Moved from Introducing our Members to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

(organizer hat off)

Just to be clear, you did not marry your original K1 USC petitioner, but instead married another USC? Help everyone clearly understand the situation.

[SingleDad2usc 71]

Not sure that the above (about K1) is a killer of I-360. Only an immigration attorney will suggest the best path, and there is one in vawa5 thread. Also, inquire if you may be able to fall back on "C-o-r" in the future, if you're placed in removal - as you've accumulated 10 years of presence.

As to your VAWA petition: you must prove his EXTREME cruelty that has EFFECTED your psychology - per LICENSED therapist. His pattern of extremely cruel behavior must be documented in detail. If you work diligently putting together the above, you may be able to petition in a few months (I'm saying that just in case you thought it was quick and easy).

[Hypnos 6,578]

When it comes to VAWA I don't think it matters if the K-1 didn't marry their K-1 sponsor, only that at some point they were married to either an LPR or US citizen abusive spouse. An immigration attorney would be someone to ask, and I dare say Sandra knows the answer, too.

[Sandra G. 5,079]

Lithuanian you cannot have the AOS approved through anyone,except the original K1 petitioner.Your AOS will be denied,even with Vawa approved

https://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-60891-CV0.pdf

[Hypnos 6,578]

Sandra always knows

[DJ&L 83]

Lithuanian you cannot have the AOS approved through anyone,except the original K1 petitioner.Your AOS will be denied,even with Vawa approved

https://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-60891-CV0.pdf

Not a lot of room for interpretation....pretty cut and dry.

[Lithuanian 1]

That`s correct. I married USC, but not K1 USC petitioner.

~Moved from Introducing our Members to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum~

(organizer hat off)

Just to be clear, you did not marry your original K1 USC petitioner, but instead married another USC? Help everyone clearly understand the situation.

[Lithuanian 1]

What are my options?

Can my parents petition for me?

and if I leave the USA, how can I go back and at least visit? I am terified of the thought, that I will not be able to help my mom when she is so sick.

Lithuanian you cannot have the AOS approved through anyone,except the original K1 petitioner.Your AOS will be denied,even with Vawa approved

https://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-60891-CV0.pdf

[NancyNguyen 1,658]

What are my options?

Can my parents petition for me?

and if I leave the USA, how can I go back and at least visit? I am terified of the thought, that I will not be able to help my mom when she is so sick.

A life-time ban might have applied on you already, you case is exactly like the case above. You leave now and you will not be able to come back in any circumstances. You can wait until there is some kind of deferred laws passed, you stay but you will not have any legal status.

Edited July 23, 2014 by NancyNguyen

[Hypnos 6,578]

Speak to an experienced immigration attorney to see if you have any other potential relief. It sounds as if your options are limited.

[Avery Cates 1,141]

What are my options?

Can my parents petition for me?

and if I leave the USA, how can I go back and at least visit? I am terified of the thought, that I will not be able to help my mom when she is so sick.

You didn't meet the requirements of the K-1 and you have 10 years of overstay and illegally working.

This doesn't leave you with any options.

[NigeriaorBust 4,087]

So it seems that the K1 entry is your problem. You need to be cautious of anyone that says they can fix your status, many will take tons of money and not care if you don't have a chance. Go to immigrate2us.net and see who they advise. Your chances are very very low.

[SingleDad2usc 71]

I disagree with anyone who'll say you that you're as good as dead. If Sandra says your I-360 can be approved, then I'd work on trying to file it by winter (remember: a lot of very specific and organized effort, including therapy, will be required over the next few months). I-360 approval (may take say another 6 months) would put you in Deferred Action for the following 15 months. At the end of that period, say you file I-485. Then, no matter if I-485 is denied, you may be eligible for C-o-r. So a lot of work and a long road ahead - but eventually, as long as you have no arrests, you'll likely win a grant from a judge based on hardship. Lots of qualified representation is needed throughout, this is not a DIY project. Hopefully, you'll find a pro-bono immigration lawyer in Boston - this is your top priority right now. Never give up. Stay out of trouble and best of luck to you - for the sake of your loved ones.