Got to US under K1 visa, Got married but spouse withdraws case

[BRyant808 0]

I’m asking for a friend.

he came to the us with k1 visa, they got married, he got his EAD, but while processing adjustment of status, spouse decided to withdraw case and wants him to go back to the home country.

 

it has caused him stress and depression and no legal aid would help him as he is technically not an immigrant yet.

 

he has been threatened by the spouse that cops will arrest him for being in the US. He doesn’t know where to go and what to do. 

 

Advise?

[Lil bear 4,228]

1 minute ago, BRyant808 said:

I’m asking for a friend.

he came to the us with k1 visa, they got married, he got his EAD, but while processing adjustment of status, spouse decided to withdraw case and wants him to go back to the home country.

 

it has caused him stress and depression and no legal aid would help him as he is technically not an immigrant yet.

 

he has been threatened by the spouse that cops will arrest him for being in the US. He doesn’t know where to go and what to do. 

 

Advise?

I am sorry to hear the way things have gone for your friend. Relationship breakups are hard enough without the added challenges of being in a foreign country and with little support around. The only way to adjust his status and stay in the US is through the person who petitioned for him under the K1. My understanding is that the petitioners withdrawal of the I 864 means that the AOS will be denied .. the EAD is granted on the basis of the AOS so it too will become invalid. Best option is assist him to return to his home country as soon as possible . 

[geowrian 22,337]

Without the petitioner's support, he cannot adjust status. Barring a legitimate VAWA claim, there's no way to stay legally in the US.

It's best for him to take care of what he needs in the US - potentially filing for divorce (he can do so from abroad just fine too!) - then head back home.

 

I'm sorry it didn't work out.

[Pitaya 2,577]

Sorry that things went bad for your friend. As others have said, to save your friend further stress and depression, he will have to return to his home country. The sooner the better, for if there are issues with him not leaving, those issues will be recalled by USCIS if later on he wants to come back to the US, and could cause problems in the future.

[Going through 5,671]

Immigration wise there's nothing your "friend" can do, unless eligible for VAWA.

 

 

[BRyant808 0]

2 minutes ago, Going through said:

Immigration wise there's nothing your "friend" can do, unless eligible for VAWA.

 

 

Does this apply to men too?

[Going through 5,671]

Just now, BRyant808 said:

Does this apply to men too?

Absolutely.  Does your friend have evidence of any sort of abuse?  Why did the wife withdraw?

Edited April 30, 2019 by Going through

[BRyant808 0]

This is what my friend messaged me: read on (sorry kinda lengthy)

”

I went here in Hawaii last June 8,2018. She petitioned me as Fiancé visa. I came here knowing to start a new life and new family with my wife  we were happy then all of a sudden she changed. I’ve always follow to what she was saying to me but the first month i stayed with her is all about adjusting stage and so I’m most likely the house husband that time because i can’t even apply for work since I don’t have any legal papers with me yet. So I do the cooking for my mother in law and for my step son everyday and clean the house, fix the garbage area etc... Then i notice when i forgot to do the things she asked me to do she easily got angry even small things like forgot to water her plants that day. But I try to understand her because I love her and I was thinking maybe she’s just got a lot of problem with her work so i try to be calm every time she’s like that. And this kind of angriness goes like twice a week, she even raise her voice at me. One time my wife and her son had a fight and I’m trying to calm her down coz she was yelling at her son already then she told me not to talk or else she will kick me out of her house that moment. So I tried to talk to her son not to do that anymore coz her mom will get angry. Then there’s this moment we had a fight for not following instruction so the fight went to like kicking me out of her house but before kicking me out of her house she say bad words against me like saying “stupid” “you’re not gonna get any legal papers here without me” “stupid you all Viray”, Viray is my family name so she was including my parents and sisters that not even connected to our fight that day then i went out crying coz I don’t know where to go,  i don’t even have any relatives here in Hawaii. So i tried to stayed  out for 4hours in the street like 15mins walk away from our house and trying to talk to her friend which will be our Godmother for our upcoming wedding then my step son saw me in the street and ask me what I’m doing there and replied “your mom got kicked me out” then 15mins later my step son picked me up and He said i talked to mom. So then she didn’t even say sorry to me. I try to be calm always with her saying we should talk coz most of the time she just got angry with one snap, even very simple things she easily got angry. So then we got married last August 18,2018. And we plan to go to mainland for our honeymoon and she told me that all of our expenses will be paid by me once i got a work. But before having a work I should’ve my papers process. So after wedding she did not file for my papers yet coz she told me i have to pay for my own filling fee like AOS(Adjustment of Status), EAD(Employment Authorization Document), and my Travel Document(re-entry visa), plus for the attorney’s fee. And this attorney is a friend of her. Then time goes by nothing change with my wife so same thing as always small things she easily got angry. She accept the job offer to move to Camp Zama base in Japan so she moved there last October 1,2018. 
Last December 24,2018 I managed to pay all of my papers including AOS,EAD & RE-ENTRY VISA with the help of my friends and some cash money job. Then my wife and I fought again so she even call our Attorney (her friend) to hold my papers to file it to USCIS, i really don’t know what to do coz my papers will be delayed again, it should’ve filed it last August after our wedding. She always threatens me that my papers will not go through.

Last January this year she went back here in Hawaii coz she got some important things to do here then one time we had a huge fight for not cleaning her house, i told her i always clean the house but her son is always making a mess and I even sent her a picture of all the mess of her son and she raised her voice again to me and saying bad words against me like(removed), i can’t take it anymore so when she told me to get the hell out of my house, i did get out. So that day is the second time she kicked me out and took pictures of me walking out of our room pushing my luggages and when I’m out of her house and she posted it on Facebook and tagging my parents and other relatives with a quote of “this stupid guy is going back to Philippines”. I am so mad that moment for me not to screenshot that post made by her and one of my relative saw the post she made. Also i called our Godmother and talk to her and she says i what happened coz she saw the post made by my wife. She even threatened me to divorce me the next day she kicked me out. Two days after with the help of her close friend that is already close to mine also we got to talk and forgive each other then she went back to Japan that same month. But she is still easily got angry with me with small things, she abandoned me coz her friend is going to rent her whole house so i don't have a place to stay. Her son will be studying in mainland and her mom will move to Canada so I’m the only one left here so i tried to ask my friend to stay at his house, coz i dont have any papers with me yet to pay for the rent.
Last month March I don’t know what to do, I’m going crazy out of my mind, and left everything behind in the Philippines and I’ve been put against my will and seems like there’s nothing i can do because she’s threatening me that she will deport me. Now I’ve waited for my working permit to come in but it was sent to her friend lawyer which i believe that paperwork should be under my possession. Now I’m living with my friend in the backyard of his house. I don't know what’s going on with my wife she told me that she will send a letter to USCIS to withdraw my petition and her Affidavit of Support to me so now i don't know what to do. My friend told me to report it to Domestic Violence act. I left what i have in my country just to stay with her here then she abandoned me.”

Edited April 30, 2019 by Ontarkie
bypassing language filter

[Shiran 1,134]

47 minutes ago, BRyant808 said:

he has been threatened by the spouse that cops will arrest him for being in the US. He doesn’t know where to go and what to do. 

It is not her case to withdraw, she can withdraw I-864 though. Cops will not arrest him or deport him. Are they still married? If she is psychologically and/or physically abusive, and they entered marriage in good faith, there can be case with via abusive spouse "VAWA" claim. There are lawyers that can help with that. Hope he stays safe. 

[BRyant808 0]

2 minutes ago, Shiran said:

It is not her case to withdraw, she can withdraw I-864 though. Cops will not arrest him or deport him. Are they still married? If she is psychologically and/or physically abusive, and they entered marriage in good faith, there can be case with via abusive spouse "VAWA" claim. There are lawyers that can help with that. Hope he stays safe. 

Can you please lead me to the path where we can search for that? Hoping not that costly as this we are only supporting my friend with our own free will

Yes they are still married but she left him in Hawaii waii and she is in Japan already.

 

Edited April 30, 2019 by BRyant808
Included response

[geowrian 22,337]

VAWA can be applied for while abroad.

Just note that VAWA is a difficult path. It doesn't require just abuse, but specifically "extreme cruelty". The burden is on the beneficiary to demonstrate their case, not for USCIS to show otherwise.

 

The current VAWA thread for review and reading is below. If he wants to pursue that path, I highly suggest that your friend reads through the posts and posts there. Middle-manning is very often a game of telephone where something gets lost along the way.

 

Edited April 30, 2019 by geowrian

[SalishSea 17,847]

12 minutes ago, BRyant808 said:

Yes they are still married but she left him in Hawaii waii and she is in Japan already.

Is she not a USC?

 

VAWA is hard to prove.  Threatening arrest, deportation etc doesn't necessarily constitute abuse.  

[Shiran 1,134]

3 minutes ago, Jorgedig said:

Is she not a USC?

23 minutes ago, BRyant808 said:

She accept the job offer to move to Camp Zama base in Japan so she moved there last October 1,2018. 

If I am getting story right, she moved to work to mil base in Japan, and left her husband and child in Hawaii, with husband acting as house cleaner and baby/house sitter. 

Edited April 30, 2019 by Shiran

[Dazz 15]

Yikes. If the applications haven't been submitted yet I'd cancel the checks and use that money to get back home. Sounds like a nightmare, and there's absolutely nothing else he can do about it, aside from VAWA as others said but with the information given it doesn't sound like that would be likely.

[Villanelle 4,122]

@Jorgedig- She has to be a USC to file a fiance visa. Regardless- VAWA is for men and women who were abused by either citizen or LPRs.

 

@BRyant808- I also recommend you refer your friend to the VAWA thread Geowrain linked you. He can also visit a local VAWA attny and discuss the situation with them in person. But based on what you posted so far I do not believe it meets the criteria for a VAWA claim. USCIS calls it 'unpleasant situations'. They have a very strict criteria for what they consider abuse- not everything abusive meets their definition.