Need VAWA help: A girl in abusive marriage, K1 visa status expired

[S Mehdi 5]

Hi,

I know someone who is in an abusive marriage and needs help, and I need to know the best way to help her out. She is an orphan from Pakistan and her relatives had her married to a man in the United States. They had a wedding in Pakistan, and then her in-laws had her file a Fiance Visa to come to the US (I know the Fiance Visa is not the right visa here - getting the other person on the wrong visa and making them lie to immigration is something abusers commonly do to have control over the person.)

Her husband and his whole family were very abusive towards her, both physically and emotionally. Her Fiance Visa's 90 days have expired and they did not file for her. We can't call or message her because they keep a tab on her 24/7 and she is not allowed to leave the house. She does not even know the address she is at. She reached out to me and called me on Facebook because I have been involved in such cases before, but asked me to not message her back because she would be in trouble if her in-laws found out.

Currently, her in-laws are planning to send her back to Pakistan. We want to help her get out of the situation and get her legal representation or into a domestic violence shelter. Based on your knowledge and experience, what are our options to get her out of this situation and get her legal help? I know she can get a lot of help and adjustment of status through VAWA, but the problem one is getting her out of the situation first. Following are a few suggestions I have:

- What happens if we find out her address and involve the police? Does the fact that she doesn't have legal status anymore affect the police's ability to help her out?

- What if we book her a flight to our city (Dallas) on the same day her in-laws plan to send her back? She can simply board the local flight instead of the international one and we can find her help, domestic violence shelter and legal representation here. Would she have any problem getting the flight given that her visa has expired?

- What if she straight up goes to the authorities when she enters the airport to depart for Paksitan and simply tells them all that has happened and that she wishes to stay and get legal help?

Given your knowledge of the immigration law, process for people who overstayed visas (even though not deliberately), and Adjustment of Status through VAWA, what would you suggest?

[JFH 12,190]

*~*~*VAWA topic moved from "AOS from family-based visas" to "effects of major changes" where VAWA questions are often asked*~*~*

[Ben&Zian 4,398]

You could try to get her the assistance..

I'm no expert in this and hopefully others with a lot more can assist. I know I would definately get her with some legal representation...

Not even knowing her street address though makes it sound like she's being kept in a cage...

Her big issues I think with this are the fact that she and her husband, the petitioner, lied on immigration forms by saying they were single for the K-1, when they actually were married... This is misrepresentation on her part...

Did they marry again here in the US after she got here or is that why you say "K-1 expired", because they haven't? If not, she was already legally married to him it sounds like so again was misrepresentation on her part...

Again really good legal respresentation is what she is needing; but with the above mentioned misrepresentation, and fact she should never have even gotten a K-1 visa in the first place, those things may actually cause her removal all the same.

Hopefully some much more knowledgeable members here can assist.

[Boiler 45,520]

So they did not marry after entering on a K1?

[Transborderwife 4,666]

yep, if she was already married i see a huge struggle here in regards to misrepresentation. it would likely be best to allow her to go home.

yep, if she was already married i see a huge struggle here in regards to misrepresentation. it would likely be best to allow her to go home.

[milimelo 4,481]

All she has to do is open up google maps. It will show her computer/phone location and she can tell you where she is at.

[Ben&Zian 4,398]

Yup just have her go to Google and type "Where am I right now" and it will tell you specific address.

[S Mehdi 5]

All she has to do is open up google maps. It will show her computer/phone location and she can tell you where she is at.

I can't believe I didn't think of that. Thank you, that's very helpful.

And thank you for your responses. I will read up on what her options are in regards to misrepresentation. Since she qualifies for VAWA, she might be able get a waiver for misrepresentation as she can demonstrate "extreme hardship" to her in case she is deported given the fact that she (i) lost her parents several years ago, (ii) her remaining relatives in Pakistan didn't really care enough to counsel her or research the visa her in-laws were filing for her, or the ramifications of misrepresenting to USCIS, (iii) the socioeconomic situation in Pakistan, and (iv) she was likely pressured/manipulated into lying to USCIS by her in-laws.

In any case, she needs good legal counsel as soon as she's out of this situation.

And yes, they never married after she came to the US on a K-1 visa. From what I gather, she didn't really know what the visa was actually about.

[Transborderwife 4,666]

I can't believe I didn't think of that. Thank you, that's very helpful.

And thank you for your responses. I will read up on what her options are in regards to misrepresentation. Since she qualifies for VAWA, she might be able get a waiver for misrepresentation as she can demonstrate "extreme hardship" to her in case she is deported given the fact that she (i) lost her parents several years ago, (ii) her remaining relatives in Pakistan didn't really care enough to counsel her or research the visa her in-laws were filing for her, or the ramifications of misrepresenting to USCIS, (iii) the socioeconomic situation in Pakistan, and (iv) she was likely pressured/manipulated into lying to USCIS by her in-laws.

In any case, she needs good legal counsel as soon as she's out of this situation.

And yes, they never married after she came to the US on a K-1 visa. From what I gather, she didn't really know what the visa was actually about.

that's not how a hardship waiver works. she doesn't have a qualifying relative to apply, I don't believe VAWA does that. her ignorance of the law isn't a reason for it Edited December 27, 2016 by Transborderwife

[Boiler 45,520]

You have to be an adult to get a K1 and be married to go the VAWA route.

She has stated to the US Gov many times that she is single.

[S Mehdi 5]

that's not how a hardship waiver works. she doesn't have a qualifying relative to apply, I don't believe VAWA does that. her ignorance of the law isn't a reason for it

VAWA petitioners don't need qualifying relatives and unlike the usual waiver, they can demonstrate hardship to themselves.

[Boiler 45,520]

They do need to be married.

[Kastrs 723]

Do you at least know in what city she is residing? It may be possible to at least get her a local shelter to go to for now so she can begin to evaluate options/get in touch with representation.

[S Mehdi 5]

Do you at least know in what city she is residing? It may be possible to at least get her a local shelter to go to for now so she can begin to evaluate options/get in touch with representation.

Yes, I know the city and I know shelters there too. Problem is, she can't leave on her own so we are trying to find a way to intervene on her behalf. Abusive families literally keep the victim imprisoned. I've seen cases where the mother-in-law would even force the victim to ask permission to use the restroom and keep the restroom door open and stand outside to make sure the victim is unable to use a phone or anything. It's not like she can just walk out of there.

Current status: she's basically their slave labor for now until they decide to ship her back to Pakistan and drop her to the airport.

[Ash.1101 1,756]

I can't believe I didn't think of that. Thank you, that's very helpful.

And thank you for your responses. I will read up on what her options are in regards to misrepresentation. Since she qualifies for VAWA, she might be able get a waiver for misrepresentation as she can demonstrate "extreme hardship" to her in case she is deported given the fact that she (i) lost her parents several years ago, (ii) her remaining relatives in Pakistan didn't really care enough to counsel her or research the visa her in-laws were filing for her, or the ramifications of misrepresenting to USCIS, (iii) the socioeconomic situation in Pakistan, and (iv) she was likely pressured/manipulated into lying to USCIS by her in-laws.

In any case, she needs good legal counsel as soon as she's out of this situation.

And yes, they never married after she came to the US on a K-1 visa. From what I gather, she didn't really know what the visa was actually about.

On your second note you said that her in-laws filed, and if she came on a K-1, then her "fiance"/Guyshewassupposetomarry was the one who filed. Who did the paperwork on her end over in Pakistan? The police report, the writing and signing of the letter of intent stating she was single, legally able to marry, and will marry the guy who petitioned for her within 90 days of coming into the country? She went and did medical.

There's a lot of things she did on her own and she talked to the CO's who explained the visa, even at POE the CBP officer usually explains the purpose of the visa. It seems very strange that she knows so little about a process she was pretty involved in, especially in the later stages.

With that said, her story sounds odd for a K-1. Either your not understanding something or she's not saying everything or she literally is that oblivious, but either way, without her marrying her fiance that she promised to marry she has no route to the US and should leave/will be told to leave at some point. Even with VAWA she would have had to have married him, which she didn't. She has no path to stay in the US, regardless of her situation in Pakistan, USCIS doesn't really care.

Technically you could just call the cops and say you know a woman is being held against her will once you find her location, but then you would have to hope your friend cooperated with the cops to get her out of there and from what you say she probably wouldn't. But either way, it will all end in her going back to Pakistan.

Edited December 27, 2016 by Ash.1101