VAWA, K1 Visa, Married after 90 days

[tringuyen 11]

Hi,

I sponsored my exwife to the U.S. on a K1 visa. We married after 90 days due to her and her family's money/poverty issues. We filed a 485 to adjust her status.

After 4 months of marriage, I felt she defrauded me for immigration benefits. Feeling betrayed and having my life turn upside down, I filed for divorce 4 months into the marriage. We do have a 2 year old son.

Her 485 based on our marriage was denied and we are divorced a few months now (legally). I realized if I'm divorcing based on marriage fraud, I should've filed for annulment. I had a bad divorce lawyer.

My question is, can she file for VAWA? Is there a requirement that she cannot file for VAWA if we are married after the 90 days of the K1 visa requirement?

According to this webiste, she cannot file for VAWA if she got married after the 90 days, coming in as a K1.

http://www.raksha.org/domestic-violence-and-law/

"If your fiance or spouse is a U.S. citizen whom you met through an international matchmaking agency, through an arranged marriage or if you entered the United States on a fiance visa there are special immigration rules that you need to know about. If you were brought to the United States on a fiance visa you must:
•Marry the fiance who brought you to the United States; and
•You must marry your fiance within 90 days of entering the United States on a fiance visa.

If you fail to comply with either of these requirements you will not qualify for either the battered spouse waiver or to file a VAWA self-petition."

Thanks.

[Newbie608 103]

She defrauded you for immigration benefits after having a child with you? I'm a bit curious, Did you even consider your son when making those decisions?

[NancyNguyen 1,657]

^^^ this response.

Why did a woman have a baby with you when she wanted to scam you? Your wedding delayed because her family's money? Her immigration status is not your concern anymore, she is on her own the day she left. Go and live your life.

[tringuyen 11]

She used our son to obligate me. When I threatened to leave after her mom pawned the engagement jewelry I bought, she said she would commit suicide and kill our unborn child. Her parents saw me as their lottery ticket. I said we could move back to Vietnam but once she came to america she wanted to stay. Long story n more details but I was scammed.

My original question is can she file for vawa if we married after 90 days?

[Sandra G. 5,048]

Yes she can file Vawa anytime .The lawyer that published such stupid article should go back to law school .Even those that entered through Mexico without inspection can file Vawa

[tringuyen 11]

She has up to 2 years after the divorce is finalized to file for vawa.

[Sandra G. 5,048]

Considering the two years of.course .YOur question is if she can file Vawa because the married was after the 90days period and the answer is YES.

[Merrytooth 5,748]

Here are OP's previous posts

http://www.visajourney.com/forums/topic/496386-accumulating-unlawful-presence/

http://www.visajourney.com/forums/topic/447007-abandoned-485-processing-time/

She has up to 2 years after the divorce is finalized to file for vawa.

So now who has your son's custody?

You might want to have some sort of court order, in case your ex goes hiding with your child, or move to other state, leave the country without your knowledge.

[tringuyen 11]

We have 50/50 joint custody, court ordered. Had there been domestic violence involved against me, the courts would've been given her full custody. I had a police report of her hitting me but the court mediator ignored it.

The VAWA law needs to change to be fair to the accused. Its is lopsidedly favoring the self-petitioner in many ways. And the standard for burden of proof is the lowest it possibly can be: any credible evidence. Outside of VAWA, in court and immigration, the burden of proof is "clear and convincing" evidence.

I did have compassion for her and thought about my son, so I married her. After 2 months, she changed and pushed me to the point where compassion equated to inexperience and victimization.

My advice to anyone thinking about marrying a foreigner. If you have any inkling, see any warning flags, run away!!! They will turn your life upside down. If you suspect fraud, save the evidence and file for annullment.

Where there's smoke, there's fire.

Edited October 8, 2014 by tringuyen

[msbau764 245]

We have 50/50 joint custody, court ordered. Had there been domestic violence involved against me, the courts would've been given her full custody. I had a police report of her hitting me but the court mediator ignored it.

The VAWA law needs to change to be fair to the accused. Its is lopsidedly favoring the self-petitioner in many ways. And the standard for burden of proof is the lowest it possibly can be: any credible evidence. Outside of VAWA, in court and immigration, the burden of proof is "clear and convincing" evidence.

I did have compassion for her and thought about my son, so I married her. After 2 months, she changed and pushed me to the point where compassion equated to inexperience and victimization.

My advice to anyone thinking about marrying a foreigner. If you have any inkling, see any warning flags, run away!!! They will turn your life upside down. If you suspect fraud, save the evidence and file for annullment.

Where there's smoke, there's fire.

How long were you physically with your foreign spouse before you proposed to her? How did you meet?

[David & Diana R 1,005]

She used our son to obligate me. When I threatened to leave after her mom pawned the engagement jewelry I bought, she said she would commit suicide and kill our unborn child. Her parents saw me as their lottery ticket. I said we could move back to Vietnam but once she came to america she wanted to stay. Long story n more details but I was scammed.

My original question is can she file for vawa if we married after 90 days?

YES SHE CAN FILE A VAWA. If you made a timeline it would be helpful.

Edited October 8, 2014 by David & Zoila

[David & Diana R 1,005]

We have 50/50 joint custody, court ordered. Had there been domestic violence involved against me, the courts would've been given her full custody. I had a police report of her hitting me but the court mediator ignored it.

The VAWA law needs to change to be fair to the accused. Its is lopsidedly favoring the self-petitioner in many ways. And the standard for burden of proof is the lowest it possibly can be: any credible evidence. Outside of VAWA, in court and immigration, the burden of proof is "clear and convincing" evidence.

I did have compassion for her and thought about my son, so I married her. After 2 months, she changed and pushed me to the point where compassion equated to inexperience and victimization.

My advice to anyone thinking about marrying a foreigner. If you have any inkling, see any warning flags, run away!!! They will turn your life upside down. If you suspect fraud, save the evidence and file for annullment.

Where there's smoke, there's fire.

Lets face it. You're bitter, resentful, angry, discouraged and the list goes on. This is only hurting you. Get over it. Let her go. Leave her alone. Right now SHE is winning by ruining your life. Focus on your child and forget about her. She took advantage of you. GET OVER IT. Let her go. Karma will get her. Sorry this happened to you but you need to start living your own life now. God Bless

[Merrytooth 5,748]

Lets face it. You're bitter, resentful, angry, discouraged and the list goes on. This is only hurting you. Get over it. Let her go. Leave her alone. Right now SHE is winning by ruining your life. Focus on your child and forget about her. She took advantage of you. GET OVER IT. Let her go. Karma will get her. Sorry this happened to you but you need to start living your own life now. God Bless

Easier for you to say that.

OP shares his son's custody with her, so the ex will always be in the picture and he has to continue to deal with her bullsh** till the child reaches 18.

[David & Diana R 1,005]

Easier for you to say that.

OP shares his son's custody with her, so the ex will always be in the picture and he has to continue to deal with her bullsh** till the child reaches 18.

I understand that but what I was suggesting is he just dispose of her in his mind. He needs to divert his focus from his evil b*tc* of an ex-wife to his beautiful son. I never said it would be or was easy. I feel for the guy but it isn't helping him by holding onto resentment. Focus on his son.

Edited October 8, 2014 by David & Zoila

[Dohan 133]

VAWA is not easily obtained. Why are you worried about her applying for VAWA, didn't you file AOS after you guys got married?

I find it a bit strange that the judge would grant 50/50 custody if she was about to be out of status/already is out of status.

I feel like some information is missing. Are you concerned that she will file VAWA and cause you to lose custody? Or you want her out of the country? Elaborate please and please fill in the timeline.