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

[SalishSea 17,856]

Just now, username_taken said:

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.

I am aware of that.   The "she's already back in Japan" is what I found curious.  

[Ontarkie 14,236]

~~One post edited to removed profanity. Do not use alternative symbols to bypass the language filter.~~

~~Moved to Effects of Major Family Changes, from AOS Family - As similar threads are discussed here.~~

[ourjourney_pc 118]

1 hour ago, Jorgedig said:

I am aware of that.   The "she's already back in Japan" is what I found curious.  

she went to japan on oct 2018, went back to hawaii on jan 2019 and went back to japan on same month, that was the story...

[R&OC 371]

I didn't read all the responses BUT am I right and his spouse is in the military? Has she added him on DEERS for medical benefits? Is she still collecting Basic Housing Allowance? I would talk to the ombudsman of the command and ask for support. I do not think that one can basically apply for a K1 visa and then abandon husband in Hawaii with an empty house and step-son (how old is he?) and let husband fend for himself financially without working papers.

 

While this isn't a sustainable situation, I would contact the her command and see your options. There is no way she was allowed to leave you behind without a home and allowance. 

 

However, the other question I have is: Why didnt he come along? He should have been on her orders? I am wondering if this is a bona fide marriage. Adding him to DEERS would have added her husband to the orders unless they are unaccompanied. But, again I am assuming his spouse is in the military, she may have never had the interest of adding him to her life/benefits/DEERS which makes me question what the intent of that relationship was. It doesn't sound like they both enjoyed marital unity. And secondly, I do not believe you can "kick" someone out when you are married and this is your marital home.

 

I would try to get a lawyer if I were your friend. I am not too familiar with VAWA but this is a form of abuse. At least of power. Who in his or her right frame of mind would let someone come over and then leave them behind without access to housing and food/allowance?

[R&OC 371]

4 hours ago, username_taken said:

@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. 

 

 

While I agree that no physical violence was used, and I am not familiar with VAWA - how is it allowed to have someone immigrate to the US /Hawaii and then leave them behind without a work permit, access to housing and food/allowance and no means to get back to their home country? Isn't that a classic case of abandonment and abuse of power?

 

Well, OP's friend should at least file for spousal support and definitely talk to her command/ombudsman/the military. If she plays the power card and threatens him with deportation, then he should be allowed as her legal husband to report her to the military. This really makes me upset. We wouldn't treat our pets like that and this guy is left to fend for himself? The military does not accept their service members to treat their lawful spouses like that and abandon them in the street. However, at this point the military doesn't even know he exists and it is on him to make himself known.

 

Also, by law, the lawyer has one client and that is your friend. Unless his spouse signed for the papers and is part of the "contract", I would see this as a breach of confidentiality and client protection. Having said that, I would contact the lawyer and take the case off her/his hands. I would also report his/her behavior to the relevant associations. Take the case away from the lawyer as the spouse is using that against him.

 

Ultimately, he may just have to return to his home country but I would stand up for myself and hope you can guide your friend into the right direction.

 

In sum:

1. End working relationship with lawyer if he/she continues to misrepresent the interest of OP's friend

2. Contact spouse and ask to be added to DEERS

3. Contact spouse to ask for allowance and housing or be added to orders to Japan (I am assuming she has no interest)

4. Report to command for abandonment of spouse without means to support.

5. File for divorce if necessary (likely). I am hoping that 1-4. will create enough paperwork for him to ask for a reimbursement of his expenses and enough temporary support to return to his home country. 

 

 

 

 

 

 

[Nat&Amy 623]

It looks like the relationship was already going downhill before they even got married. As asked by another poster, what kind of evidence of bonafide marriage was presented when applicant filed for AoS? If the insults and getting kicked out of the house were already occuring prior to marriage, and no concrete action was taken to sort this out (i.e. couples counselling, etc) the choice to get married anyways might suggest the end goal was more to move on with green card procedures than anything else.

[BRyant808 0]

1 hour ago, R&OC said:

While I agree that no physical violence was used, and I am not familiar with VAWA - how is it allowed to have someone immigrate to the US /Hawaii and then leave them behind without a work permit, access to housing and food/allowance and no means to get back to their home country? Isn't that a classic case of abandonment and abuse of power?

 

Well, OP's friend should at least file for spousal support and definitely talk to her command/ombudsman/the military. If she plays the power card and threatens him with deportation, then he should be allowed as her legal husband to report her to the military. This really makes me upset. We wouldn't treat our pets like that and this guy is left to fend for himself? The military does not accept their service members to treat their lawful spouses like that and abandon them in the street. However, at this point the military doesn't even know he exists and it is on him to make himself known.

 

Also, by law, the lawyer has one client and that is your friend. Unless his spouse signed for the papers and is part of the "contract", I would see this as a breach of confidentiality and client protection. Having said that, I would contact the lawyer and take the case off her/his hands. I would also report his/her behavior to the relevant associations. Take the case away from the lawyer as the spouse is using that against him.

 

Ultimately, he may just have to return to his home country but I would stand up for myself and hope you can guide your friend into the right direction.

 

In sum:

1. End working relationship with lawyer if he/she continues to misrepresent the interest of OP's friend

2. Contact spouse and ask to be added to DEERS

3. Contact spouse to ask for allowance and housing or be added to orders to Japan (I am assuming she has no interest)

4. Report to command for abandonment of spouse without means to support.

5. File for divorce if necessary (likely). I am hoping that 1-4. will create enough paperwork for him to ask for a reimbursement of his expenses and enough temporary support to return to his home country. 

 

 

 

 

 

 

She’s not in military but a federal employee.

[belinda63 3,038]

Could be a lot of reasons he could not go to Japan. Unaccompanied tours, failure to add him to the orders, etc. Since she is not military there is no DEERS or housing allowance for spouses. 

If she has failed to follow through with her part of the AOS there is nothing he can do but return home. Question is who will  take care of the child. 

[nastra30 2,287]

VAWA requires a very high bar and it's up to beneficiary to demonstrate they meet that high bar. Though I think OP is unlikely to succeed with VAWA it's worth looking into and trying. 

Nonetheless, as others have already lamented; if petitioner has withdrawn affidavit of support there's nothing OP can do at this point. I'll say just divorce and move back to home country and enjoy your happiness.

 

[Mrs.Herrera 3]

K1 visa is like 10 months to process. In the span of 10 months did she show these kinds of behavior to you already or just when you arrive in US? I don't understand how someone can pretend to be nice in ldr relationship for almost 10 years without showing any red flags??

[p-ana 933]

2 hours ago, Nat&Amy said:

It looks like the relationship was already going downhill before they even got married. As asked by another poster, what kind of evidence of bonafide marriage was presented when applicant filed for AoS? If the insults and getting kicked out of the house were already occuring prior to marriage, and no concrete action was taken to sort this out (i.e. couples counselling, etc) the choice to get married anyways might suggest the end goal was more to move on with green card procedures than anything else.

No need for evidence other than a copy of the marriage certificate to file

[George & Roth 1,485]

If he can get a divorce and marry another USC that he loves, he can apply that way.

 

VAWA won’t work as it just seems like arguing, unless it’s more extreme VAWA will fail. 

[Nat&Amy 623]

10 minutes ago, p-ana said:

No need for evidence other than a copy of the marriage certificate to file

You are right. In this case, I should rephrase the question: what evidence of bonafide marriage has the applicant been able to gather so far? It might not be mandatory for filing but it will be decisive for USCIS to determine if marriage was entered in good faith, that is, if the i864 doesn't get withdrawn somewhere along the way.

[Ash.1101 1,756]

17 minutes ago, George & Roth said:

If he can get a divorce and marry another USC that he loves, he can apply that way.

 

VAWA won’t work as it just seems like arguing, unless it’s more extreme VAWA will fail. 

This is incorrect.

 

its my understanding that if you come in on k-1, you can ONLY adjust with the petitioner of the K-1 visa.

 

 

coming in on k-1 is not like coming in on a Bvisa, it has extra rules and regulations.

 

No matter what, his last entry was on a K-1 visa, making him only able to adjust with the petitioner or with a VAWA claim. Any other way is void.

 

if he did find someone he loved and wanted to marry, he would have to leave the country and attempt K-1 again or marry and go for CR-1.

Edited April 30, 2019 by Ash.1101

[NikLR 13,227]

34 minutes ago, George & Roth said:

If he can get a divorce and marry another USC that he loves, he can apply that way.

 

VAWA won’t work as it just seems like arguing, unless it’s more extreme VAWA will fail. 

1st part - no

 

2nd part - yes