K1->U

[Simmer 1]

Sorry, I can't find a more appropriate forum for this. A friend was in a relationship for 3 years before being brought to the US on a K1 visa. I'll spare you the full details but her husband-to-be physically, mentally, and sexually abused her from arrival to the point that she was hospitalized and then taken to a shelter. The evidence pictures from the police report are horrific, and I only caught an unintended glance from a distance. Suffice to say I have no doubt, and neither do the police who picked her up, that serious crimes were committed by the husband-to-be. The police are assisting by providing evidence for restraining orders and the certificate of helpfulness. They never got married and she is still in the US but running out of time. He has denied everything, of course, and allegedly contacted USCIS to report immigration fraud.

 

The "system" has been pretty good to her - free medical treatment including mental health, free attorney (but see below), social worker, temporary accommodation etc. She is living with us after the church accommodation was limited and sheltered accommodation was shut down for unrelated reasons (owner arrested for pot!). But she has no money (stolen by husband-to-be) and no source of income. She has no criminal record, arrests, misdemeanors, tickets, or suchlike of any sort.

 

The attorney advised her to file for a U visa. But he does not have the experience, it seems, to deal with this one. He doesn't want to file it for her. I am not confident in an attorney who is reluctant to do the work, and I'm not sure whether she has other attorney options. Nevertheless, the form is relatively straightforward.

 

That's the background: now the questions, if I may.

1. I understand the wait time for U visas is upwards of two years. Since she is on a soon-to-expire K1 visa, does she have any "status" in the US while waiting for the U visa to be adjudicated?

2. Once she has a filing receipt for the U visa, can she apply for work authorization? Or is that not until the U visa is approved?

3. Is there any expediting for this visa? From Googling it seems there is a way to request it, but no guarantee, and it can take up to 90 days which would put her in this immigration limbo state once her K1 expires. Any suggestions?

4. Are there any charities/organizations that can help specifically with the visa, with zero/low-cost options?

 

Thanks.

[JFH 12,190]

One of the major requirements to be eligible for U1 is assisting law enforcement with the prosecution. Is she prepared to do this? It will be extremely draining on her emotionally. Wouldn’t the sanctuary and comfort of her home and family be a better option after such a horrific experience? Why does she want to stay with no money, no place to stay? That must make a painful situation even more miserable. 

[JFH 12,190]

*~*~*moved from “K-1 fiancé visa process and procedures” to “major changes” where similar VAWA topics are discussed*~*~*

[Simmer 1]

Thank you for the replies. She is 50/50 about going home, or staying here to fight the case. It's unclear to me how she could fight it from her home country if called to testify - it's not a VWP country, and generally one from where it is tough for 20somethings with no ties (now) to get a B1/B2 visa. She is fully committed to helping the police - as I say, the police are willing to provide the certificate of helpfulness as she is actively cooperating with them. Of course it will be traumatic for her but she doesn't want this to happen to anybody else.

 

Anecdotally, from her Facebook friends who are monitoring his page for her, he already has another young girl from the same country and she is scared for her, hence her determination to get him convicted.

Edited August 30, 2018 by Simmer

[Ann&James 179]

You can google and and download this pdf it will help with some your questions    proseuvisamanual_english.pdf 
 

[Simmer 1]

30 minutes ago, Ann&James said:

You can google and and download this pdf it will help with some your questions    proseuvisamanual_english.pdf 
 

Thanks. It's written for people in detention (she is not) and is useful as a guide, but does not answer the questions I posed as far as I can tell.

[Echel0n 27]

To my understanding the U Visa is a nonimmigrant visa. So it will not help her staying legal in the country permanently or work there? Here are some basic infos about it https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status or is there another u visa and I mixed it up?

[Simmer 1]

22 minutes ago, Echel0n said:

To my understanding the U Visa is a nonimmigrant visa. So it will not help her staying legal in the country permanently or work there? Here are some basic infos about it https://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status or is there another u visa and I mixed it up?

That's the one. It is indeed a non-immigrant visa but my understanding is it could lead to a green card potentially. Same as an H1B, for example - non-immigrant but allows you to stay and work, and potentially acts as a stepping stone to a GC. But that's a long way off. We just want to understand whether she submits the application and gets a receipt that she can stay here legally. If not, then she'll go home and she knows that. I've made it clear overstaying will be extremely detrimental to any future in the US.