K-1/K-2 Multi file waiver and VAWA

[Greenbaum 12,259]

17 minutes ago, Ben & Katy said:

Makes me wonder if it’s time for the philippines be put on the high fraud list. Have seen many topics similar to this one here on VJ since I joined two years ago.

This is common with the Philippines but it is one of the highest processing embassy within the system. So, it is a small percentage but not uncommon. This has been going on for years. As, one who is HAPPYLY married to a Filipina, I too was very cautious. After 5 years of marriage we are happy and content and I have never had a reason to doubt her. But, I would say that the majority of these problems exist in the age gap. When it is a large gap, one must be extra careful. When it is  narrow, then not so. My wife is 15 years younger then me but she is in her fifties.

[geowrian 22,337]

13 minutes ago, Greenbaum said:

This is common with the Philippines but it is one of the highest processing embassy within the system. So, it is a small percentage but not uncommon. This has been going on for years. As, one who is HAPPYLY married to a Filipina, I too was very cautious. After 5 years of marriage we are happy and content and I have never had a reason to doubt her. But, I would say that the majority of these problems exist in the age gap. When it is a large gap, one must be extra careful. When it is  narrow, then not so. My wife is 15 years younger then me but she is in her fifties.

I gotta second this. Manila processes just under 1/5 of all K-1s. There are bound to be plenty of bad apples in the bunch in terms of raw numbers.

Many times it just doesn't work out, like many marriages. Sometimes there was fraudulent intent. Sometimes one just sees fraud in a relationship that escalated very quickly but then failed.

 

I don't think Philippines should be treated like the "high fraud" countries. But I would be fine with them scrutinizing one-visit cases more...far too often things seem rushed with only 1 fairly short visit, which generally isn't seen as a big issue with Manila.

It's not easy to fly halfway across the world often, but it's not much of a price to pay for a fiance/fiancee or wife.

Edited December 5, 2018 by geowrian

[payxibka 10,045]

30 minutes ago, MikeandThea said:

How do you know this? VAWA cases are secret and the accuser is not even notified. There is no due process, no evidence, no rebuttal and no opportunity to clear my name. I can't even find out if my ex actually filed a VAWA claim but its the only way she can get her GC so I assume she did so. 

Nothing like questioning my statement and then proving it.  

 

Secondly,  I overcame a multiple filer with two paragraphs 

[britishandusa 446]

6 hours ago, MikeandThea said:

Hi,

I brought a Filipina to USA on a K-1 in 2008. She divorced me after 3.5 years due to hypergamy. In 2016, I met another Filipina whom I thought I knew very well and brought her to USA on a 2nd K-1 but she refused to consummate the marriage, claiming medical reasons but a physician, gynecologist and a psychological counselor said they could find no reason for a lack of libido. a, then the day after she received her work permit, she suddenly left after starting an argument with me. My own investigation revealed she had several men lined up that I knew nothing about. Phone records revealed she had been to the Police and then a women's shelter where I assume she was given a list of 'abuses' to use for a VAWA (Violence Against Women Act) waiver so she can get her GC without needing me. I immediately withdrew her I-864 and received notice from USCIS of same.

 

She has been gone 14 months and has not contacted me and refuses to reply to emails. I started divorce proceedings which will be final in a few weeks. Last month, a Filipina friend of mine I know and trust introduced me to her sister who is in the Philippines and I contacted her and will go see her in 2019. She seems to be a match for me. If she is, and we decide to marry on a K2 visa (she has a 7 y/o son), I will have to apply for a I-129 multiple visa waiver. 

 

However, I feel certain my about-to-be-ex-wife has filed a VAWA waiver claiming abuse, so will USCIS deny me because of that? This statement is made by USCIS in reference:  "If you have committed a violent offense against a person or persons, the USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist."

I would assume they mean that if I was convicted of a violent crime, then this would apply but a VAWA waiver is done in secret without due process to the man, so even if they accept her story, I will have no record of being 'convicted' in a VAWA court but USCIS will. Also, the VAWA court defines abuse as emotional as well as physical so all she has to do is say I hurt her feelings, got angry and didn't buy her a new car or any number of things they call abuse but none of it is violence per se. 

 

Anyone have any information on this? If it looks like I will be denied due to a VAWA 'conviction', I won't even go meet this girl but it is a shame because she may be 'the one' for me. Please hold back your opinion about knowing a woman before I marry her. I'm 1/2 Filipino and I know nothing is guaranteed. 

Thanks,

Mike

 

 

I've just taken a look at your timeline and it looks like you've just gotten marry last year.  Your marriage didn't even make it past the one year mark from what you're telling us. Your last K1 wasn't so smooth sailing either and this next one will even be harder to overcome. I would definitely try to have a longer relationship on this next K1 visa. I would not start the K1 visa process right away. Try dating for at least 2 years before even considering marriage? Cause right now, it just looks like you're just marrying people to bring them over to the US. 

[NYCruiser 423]

5 hours ago, Boiler said:

May be time to lay off the K1's, was I the only one who need ed to look up hypergamy?

No  LOL. I did too.

[icanbenobody 187]

i understand the old days 20 years ago.. meet via penpal and meet in person once then decide to marry in the ph..but if i think about it and compare it today its sucks.. you foreigner of course will never understand and will never find out the true wings of your filipina gf that you just meet online/once.

even if you just meet once please try to communicate with this lady and endure the long distance relationship for awhile before you decide to marry,this way you will know if you guys really love each other..

 

i feel sad with some foreigners because i know some filipina who is now in a foreign country that been cheating while this foreigners was in their own country,some of them even got pregnant with another guy and  the foreigners never find out,i also used to have a friend shes married and have 2 kids and shes been in a relationship with 2 americans one of them even visit her only this year,my friend knew that the guy is still married with another filipina but because of her lies the guy decided to divorce his wife because of her , the guy never knew that my friend and her husband is still okay but her husband has no idea about her relationship with this foreigners..and because im tired of her lies i contacted the wife of the guy i know its not my business but in the future the guy will end up crying and regret his stupidity..thats the reason the girl is not my friend anymore😂😂i was just trying to help lol

 

in so many sucks situation between filipina and foreigners that ive seen i would agree to put ph in a high fraud country...

 

in the city where i born is now half foreigners but most of the foreigners that has a filipina gf there is mostly from Germany..im proud to be the only person that married a american guy with 7 years age gap 😂 sometimes i think  German guys are stupid because most of them marry those villager women even they only meet online and meet in person at maximum of 3 months then they decide to marry each other.😅

 

anyway 

just please please know this girl better first before you decide to marry her even though shes your friend sister..

 

my friend cousin has aunt in germany and introduce this guy to her cousin and they plan their marriage in ph while this guy is in germany my friend cousin got pregnant with another guy..she already have kids and my friend said shes a.k.a prosti but the guy didnt know..her aunt just want her to meet and marry a foreigner so that theres gonna be a guy who will treat her normal 😂

[ThomasNC1988 762]

6 hours ago, Boiler said:

was I the only one who need ed to look up hypergamy?

 

6 hours ago, payxibka said:

Nope 

 

5 hours ago, missileman said:

I must admit that the definition of "hypergamy" surprised me.......

 

5 hours ago, Cyberfx1024 said:

Same here... I had to read up on it. 

Well ain't that something.

[Balamban 113]

Vawa is fascinating especially looking at its history.

The process is appropriate but prior to ~2013 it was heavily mis-used.  From what I’ve read most abuse came from Russian or former Russian block countries.  Eventually the evidence piled up and as one might expect the “evidence required” to prevail in a Vawa claim increased substantially.

Years ago, it was: “He called me xxxxxxx” and it was “Here’s your Green Card.”

As of 2013/2014 the evidence required became far more substantial.  It was no longer “he/she did/said this or that.”  It turned into give us 911 phone transcripts, police reports, shelter evidence, medical evidence such as emergency room visits and doctor’s notes, at a minimum, letters from neighbors attesting to abuse.

I know this from experience.  As far as I know I am the only person (though there are likely others) that actually knew there was a Vawa claim filed against me.

I found out, quite by accident.  My State Representative was assisting me after my fiancée disappeared.  The fellow was my State Representative’s intern, he was handling my case and he told me that it was being processed as a Vawa.  He had bypassed the shroud of secrecy because of his political clout, and he did not even know that the Vawa status was confidential.  Interestingly, I found later that my fiancée was advised by her lawyer to drop the case due to lack of any evidence, and this is what happened. 

Therefore, if there is no “hard” evidence against you I would suspect that in your case the claim would run into a road-block or would be denied.  If she had called 911, been to an ED, or showed up at a shelter with injuries (even if self-inflicted) that may be a whole different story.

 

If you believe that she is doing this with mal-intent I would advise you to write a letter to ICE and make a formal complaint.  They will not respond.  However, it is likely that the letter would follow her around and sometime in the future that might substantiate another person’s allegations of abuse of the Visa process.

Since Vawa is supposed to remain invisible one might assume that since you were not charged that it would not ever be used against you.  However, USCIS can attach anything to “you,” and it might act against you.

You wrote: “She has been gone 14 months and has not contacted me and refuses to reply to emails.”

Why did you not just file divorce 13 and a half months ago?

It’s especially hard for Filipinas to hide and though it might surprise many here, I filed divorce against the one that did not work on Facebook.  You read that correctly.  Since I had no address, no phone number (she had moved to her elder sister’s house in another state) I could not file physical service and service must be filed.

My lawyer petitioned the Superior/Family Court Judge who allowed filing service of divorce by posting on Facebook and the Judge granted that.  It was evident that she used Facebook every day and the Judge agreed that would be adequate service—and it was.

The take-away is, if you have no hard evidence of abuse against you only a “he said… he did,” you likely have nothing to worry about.  I am aware that having one former K-1 that went bad does not seem to be an issue, but I cannot comment about having two prior K-1’s that went bad.

Perhaps you should live with this woman in the Phils for a year or two, then marry and bring her and her son here.  If she’s only in it for money, and not for love then two years will usually show if it’s real or not.
Especially in the case where she has a son.  Divorce courts may go very easy on you if you were only married a year or so—but with a child, it may be a very, very different matter.

Also be aware that you are held financially responsible for two and eventually three women (and potentially one child) forever.   You have agreed to this.  Should one get married and have kids (or not get married or not have kids) then go on Food Stamps, WIC, Medicaid--you will be billed and life as you know it may change radically.  The Federal government is not a kind creditor.

 

Good luck and I hope that you find someone with traditional Filipina values as lots of Filipina’s want a Western man for life—not just for a year.

Edited December 5, 2018 by Balamban

[Daniela M_______ 410]

I would put the immigration process out of the table specially when you haven't even met this new woman. You bigger concern right now is to establish a solid and truthful relationship with someone who loves you for real. I don't think it's something you would want to rush. I agree with the other poster, right now it seems like you are getting married just to bring people to USA and in that case if I were USCIS or even the embassy, I would deny the application to protect you from yourself.

 

At the end of the day, that's part of their job, to protect the country and their citizens against possible immigration frauds.

[Boiler 45,499]

I am not aware of any great change in the way that VAWA claims are dealt with, there have always been 'self help' groups out there as well as Professional help, pretty simple for someone so inclined to collect sufficient evidence to support a VAWA claim.

 

A reading of VJ would give someone enough of a clue.

[Redheadguy03 505]

You need to slow down and take a breath. You seem to jump in and out relationships really quickly. My wife is from the Philippines and I spent almost 6 months in the Philippines with her. You need more face time with these people, they're the one but you've said that twice already and you haven't even met this one yet. Slow it down! 

[EBnBB 4]

12 hours ago, Boiler said:

May be time to lay off the K1's, was I the only one who need ed to look up hypergamy?

Lol, nope you aren't. But I agree. Perhaps a different approach (finding "the one" domestically) would be better?