Looking for suggestions concerning an estranged American husband and K3 visa

[dawning 212]

7 hours ago, TNJ17 said:

If she is no longer in a relationship with this man she has no reason to come here anymore. She needs to surrender her visa because spousal visas are for reuniting families. It seems he is done with the relationship, whatever his reasons may be, and she no longer qualifies to live here. I don’t know how much damage he can do to her through Homeland Security, but if he’s filing for a divorce I guess he can inform USCIS the marriage is dissolving and there may be a red flag if she tries to come. I don’t know if that is how it works but seems fair. She chose to leave in the middle of AOS and she didn’t have to be gone that long but she chose to. That’s not really how you should start a marriage. If he is all that he says he is, why would she want to be with him? It would look like she would be doing it just for the greencard. What woman would stay with an abusive man who made all those false claims about her? It looks like she got lucky he’s just done with the relationship and she should just forget it, file for divorce and continue her life down there. She won’t be immigrating on that visa and she shouldn’t. 

 

On 9/7/2018 at 6:35 PM, David & Zoila said:

Maybe it's just me but I would be a little upset if my new wife left the country for a year???!!!  I might suspect she was just looking for a green card.  Just thinking out loud.  Good luck to your "friend".

It doesn't really sound like there was a lot of choice on her part.   Once she decided to support her family through a devastating and unexpected tragedy,  she probably couldn't legally come back in less than a year.

It might have been the wrong choice to leave a new husband in order to help the family of origin through dire straits.  None of us here can really judge that.  But while being suspicious of her motivations, shouldn't we also suspect the husband who doesn't support his wife in coping with her brother's death?  If "just looking for a GC" then leaving before getting AP makes NO sense.

[Villanelle 4,122]

1 hour ago, Boiler said:

VAWA?

 

Seems they have not been on the same Continent.

She came on a K and was married and lived in the US before going back overseas. If abuse happened in the US while they were married she may qualify for VAWA. There are many additional factors to review to see if she is eligible.

[Boiler 45,571]

Seems the abuse occurred after she left. When they were not on the same Continent.

[Ontarkie 14,234]

I also remember the thread Damara mentioned. Seems as long as the visa is not withdrawn before entry it is very much doable. 

[Ann&James 179]

The op stated that her friend had an interview and was given the visa this past June, so things must have been going well with the husband because she got all the supporting documents to attend the interview. 

[Boiler 45,571]

They could have been from a looong time ago  but yes they must have been OK at one point. Wondered if he pulled the I 864.

[geowrian 22,337]

If the petitioner did not withdraw support, then the visa will still be technically valid. Whether it is appropriate for one to use a spousal visa for a purpose other than reuniting with their spouse is very much another issue. And as stated, proving a bona fide marriage in this circumstance (for ROC or naturalization, or the rare event they decide to investigate her for other reasons) would be incredibly difficult. It may result in a very long, expensive, and unpleasant set of events.

 

I doubt VAWA would apply here since the abuse seemed to occur outside the US (and even if it did occur while she was on a K-1, she left and is sought a new benefit so that would likely be a consideration again). I'm not saying it impossible..but this would not be an easy claim.

[Villanelle 4,122]

Whether or not you applied for any benefit before, during, or after the abuse occured does not impact ones ability to qualify to file for VAWA. 

The OP did not mention much about abuse except saying she does not want to live with her abusive spouse and a description of the wife being treated poorly.. There is not enough info to determine if she can qualify for VAWA which is why I have repeatedly said she may be eligible depending on the specifics. 

[geowrian 22,337]

I'm not saying it affects the ability to file, but I do think it may be a consideration in whether any abuse claims are valid if they chose to seek a new benefit.

[Villanelle 4,122]

It is not part of the consideration process.