Domestic Violence in her home country

[Counselor57 0]

My girlfriend is planning to visit the states at the end of next month. She doesn't know it but I'm planning to propose to her. She will then return to her home country as I start the K1 visa process. There have been some ugly turn of events recently. In her previous relationship her partner was very abusive. He has been arrested before. Recently he came and harmed her again. I would really like to get her out of that situation before he kills her. When she comes to visit and I propose, could I marry her and start the I-130 process. If she agrees, because she can't go back. Plus she has 3 children which I don't know if she would want to leave for a while. She has relatives who can care for them. I just need to get her to a safe place. I know it sounds strange. Any ideas? Help!!

[CowBoE 429]

My girlfriend is planning to visit the states at the end of next month. She doesn't know it but I'm planning to propose to her. She will then return to her home country as I start the K1 visa process. There have been some ugly turn of events recently. In her previous relationship her partner was very abusive. He has been arrested before. Recently he came and harmed her again. I would really like to get her out of that situation before he kills her. When she comes to visit and I propose, could I marry her and start the I-130 process. If she agrees, because she can't go back. Plus she has 3 children which I don't know if she would want to leave for a while. She has relatives who can care for them. I just need to get her to a safe place. I know it sounds strange. Any ideas? Help!!

If she visits US on a tourist visa and marries you, technically that will be a visa fraud.

But I've also seen number of threads where people did that...though I'm not sure

of their approval rate with USCIS later.

Also, most mothers have special bonding with children,

and for you to assume for her to leave 3 children under someone's care

for many months may back fire.

I know a surprise proposal could be romantic, but you are dealing with immigration

complexity here. So if I were you (but I'm not), I would probably have open conversation with her

about the marriage possibility, and go through the legal (K1 fiancee) visa route.

If she feels danger from her ex, can she not file for police protection?

[Counselor57 0]

Thank you for your reply. I appreciate it very much. She does love her children very much and they are looking forward to coming to live with me, but the question is it won't happen if something happens to her. I know that sounds harsh but truthful. She tells me it was really bad when they were together. She has filed reports on him with the police and they would only lock him up for a couple of days and release him. Actually today he came by and shot into her family's home.

My proposal will not be a complete surprise. We have talked about marriage. She has even asked me, but being the man I said I need to ask her. I do understand the complexities of the matter and our plan is to do it right. But I can't help but to be concerned for her safety. Thank you for your advice I will pray all works out and continue with the direction we started. If you or anyone think of anything else I should know, please feel free to write.

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about fiance(e)/spouse visa processes~

Edited August 18, 2014 by A&B

[MacUK 983]

Is the violent ex the father of the children?

You may need his permission to allow the kids to leave.

[Ryan H 3,812]

If she visits US on a tourist visa and marries you, technically that will be a visa fraud.

Incorrect, marrying on a tourist visa is perfectly fine. What is fraudulent is intending to marry and then stay and adjusting status.

[Penguin_ie 5,994]

Getting her away from the violent ex doesn't have to mean she comes here, especially not with three kids to be protected too (and he may get custody if she is out of the country). Can you not help her move to a different place/ change her phone number?

[Counselor57 0]

Thanks everyone. Marrying her on a tourist visa is okay, but she would have to return to her country right? If she stays we would have to petition for the kids at the same time as her. I don't know how that would settle with immigration. We've done the best we could do as protecting her short of coming her. I just thought there would be some sort of exemption for this sort of thing.

[mtempelaar 190]

Yes should would have to leave the country immediately if you marry under a tourist visa but it can be done. If she stays it's immigration fraud. I didn't see a response to whether the father of the children is the violent ex but that is certainly something you would need to resolve. You can attempt to have a expedite approved for the visa petition. There's no guarantee that you guys would get it but you can attempt it.

http://www.uscis.gov/forms/expedite-criteria

[Boiler 45,557]

Does she have a tourist visa?

[Counselor57 0]

She is waiting for the interview

[Boiler 45,557]

First things first.

[Jawaree 717]

I will refrain from addressing certain parts of OP question

however will enlighten ppl about some situations

A Its not easy to get a womans child in Jamaica, there R few reasons dads could

She is a drug abuser

She is abusing the child sexually or physically (real bad) & CDA is called

She allowed the child to roam the streets and authorities are called in (rarely)

The father who is listed on the childs Bcert. is consistently supportive of the kid

school events, frequent interactions, no arrest record on him, the child enjoys being

with him & he petition family court proving all this to take the child.Culturally JA kids

are very bonded with the mother even in the 2 parents home, love dads but there's no

one like like mommy

B If he did not sign these kids Bcert. have been arrested for stalking/beating her and

does not financially support the kids in JA. he has almost no talk. If she legally leaves the

kids with her parents ,family or a guardian & he does not support them he has pretty much

no command on her decisions, So getting custody is not very likely.

She has no visa yet so all things considered is supposition

Edited August 19, 2014 by Jawaree

[Counselor57 0]

Thank you all for the comments. My thoughts are I really do not want to mess this up. We decided to go the K1 way and do it right. We pray all is calm with the ex. I do not want to take her away from her children. I believe she would come, but I couldn't live with her hidden pain. I love her very much so I will wait and pray all is well. I pray the B2 is granted and we will follow the rules and do it right so there will be no backlash.

[Jawaree 717]

Thank you all for the comments. My thoughts are I really do not want to mess this up. We decided to go the K1 way and do it right. We pray all is calm with the ex. I do not want to take her away from her children. I believe she would come, but I couldn't live with her hidden pain. I love her very much so I will wait and pray all is well. I pray the B2 is granted and we will follow the rules and do it right so there will be no backlash.

OP I am truly happy for U both that she got the visa & U R going

to go the K1 route after. I must commend U in doing the right thing

by the person U love, the cost may be more but budget save & plan

and god will see U thru dude...wishing all of U happiness in the future