Need Major Help - We Fear for Our Lives in this Country

[insipidtoast 3]

The love of my life and I are in hot water.

I am an american citizen living in Peru with my fiancee. I am living here on a tourist visa.

Very long story short: we crossed paths with my fiancee's psychopathic, abusive exboyfriend who wants to condemn us for things we didn't even do just because he is jealous of our relationship. I had to hire a lawyer to defend us legally. We will be going through civil trials this next month. We have also received death threats, this guy has a very violent and abusive background, and I am confident he is going to lose the trials. Therefore, I am also extremely worried about what he will do next. Our lawyer suggested that this sort of person is EXTREMELY dangerous, and I believe he will stop at nothing to try and separate us. In a country where hitmen are plentiful and often hired anonymously for less than $500 I truly fear for the wellbeing of my fiancee and I.

I need to get her to the USA with me as quickly as possible.

I've been reading on here about the various visas. The only one that seems reasonably fast is the DCF (Direct Consular Filing), however, I am not a legal resident of Peru. Is it feasible to waive that requirement?

Are there other options? Can't we get married in Peru and obtain some sort of asylum in the US?

What is the quickest way to get her to the US and be able to obtain Legal Residence without having to return to Peru.

Would it help to show the legal files to the US embassy in Lima, Peru? Or would that just hurt her chances of being able to go to the US, because the officials might coldly think that she is problematic from a legal point of view, and thus not want to grant her permission to live with me in the US?

[MUXAGIRL 69]

Unless her case is as urgent as the Sudanese lady Miriam Wani, I don't see the US embassy granting her an emergency asylum. But I could be wrong. Since you are an USC, why don't you make an appointment and go discuss this with a CO? After all, apart from granting visas and doing business, their another priority is assisting US citizens abroad. Also, technically it would be a refugee application, not asylum. Asylum application can only be made if the person is already on US border or soil.

There are very narrowly defined criteria for refugee status, and she must be able to prove it that there is just no way the law enforcement in her country Peru are not going to handle the situation, at all and she must be able to show the following: (copied and pasted from Nolo.com)

You are unable or unwilling to return to your home country because you have been persecuted there in the past or have a well-founded fear that you will be persecuted if you go back.

The reason you have been (or will be) persecuted is connected to one of five things: your race, religion, nationality, membership in a particular social group, or your political opinion.

I don't see a crazy ex fitting anywhere in that description above. The fastest way might be DCF.

And Why would there be any legal problem for your fiancé if her ex is crazy? Has she done anything illegal herself? If not she is fine,

[Boiler 45,525]

DCF requires you to be married and resident, you could check with the Consulate but sounds a very long shot.

K1 would be faster than a CR1 otherwise, so that seems your best bet.

In the mean time you might want to look at moving.

[NikLR 13,227]

K1 would be your fastest route to a visa and moving to the USA.

[Ryan H 3,812]

File an I-129F to start the K1 process and request an expedite after you file the petition.

Edited July 28, 2014 by Ryan H

[insipidtoast 3]

And Why would there be any legal problem for your fiancé if her ex is crazy? Has she done anything illegal herself? If not she is fine,

Because anybody can accuse anyone of a crime in Peru, and your innocence is determined by one judge. In my humble opinion, that leaves the door wide open for corruption.

Edited July 31, 2014 by insipidtoast

[Boiler 45,525]

So what are you doing?

[Eric-Pris 1,606]

Because anybody can accuse anyone of a crime in Peru, and your innocence is determined by one judge. In my humble opinion, that leaves the door wide open for corruption.

I was going to say something similar. Anybody can say that their ex is planning on killing them. How are you planning to prove that you are in danger? Do you have any threats in writing? Any witnesses that can submit sworn affidavits?

[Boiler 45,525]

Can you get a restraining order?

[insipidtoast 3]

Can you get a restraining order?

Hopefully we will get at least that from all the psychological torment this guy has put us through. However, I can't say I put much faith in the legal system in Peru.

Meanwhile these trials force me to be in the country no matter how bogus they are. As a tourist, I'm not working in Peru and am losing money by being down here. I'm not sure if the legal system will even compensate me for my time and money lost. I had to quit my job in the USA in order to come back down here to attend to this. No one is going to hire me in the USA if I have to travel to a hearing in Peru every couple of months. Plus the airfare would really add up. I really hope this whole thing resolves itself quickly and peacefully.

[MIDUVIL 34]

Why didn't you move your fiance to another place in Peru? and file for a visa.

It would have been easier.

good luck

Edited July 31, 2014 by MIDUVIL

[insipidtoast 3]

Why didn't you move your fiance to another place in Peru? and file for a visa.

It would have been easier.

good luck

I'm not sure what you mean? Was I supposed to know this was going to happen before it happened? Regarding the next few months...well we have two very important trials in August when we have to defend ourselves in front of a judge. Assuming that goes well, I've certainly been considering moving elsewhere. I'm trying to convince my fiancee that that is the best decision, however she is working on a contract at a decent job in the town we are living in, so it would look bad on her resume if she quit before her contract expires. Furthermore, it can be hard to get hired at a new job in Peru. For example, there was a vacancy recently where my fiancee works, and they opened up the position to applicants. They took in 100 applicants for consideration and will give them all performance and psychological tests in addition to the regular job application requirements.

So, she is certainly hesitant to give up the job, and since I'm not really making any money in Peru, it wouldn't be the best decision. I don't think there are any easy decisions to make in this situation. Perhaps the best is that these trials resolve in our favor in the next couple months, and then I return home, get a new job, and send her money so she can go live in hiding for a while until her K1 visa gets approved. That's probably the best option, but it wouldn't be fun to leave her.

How do you guys tolerate leaving your fiancees for such long periods of time while waiting for these visas to get approved?

[Boiler 45,525]

You do what you have to do.