Arrived on K1. Married then aos denied and in process of divorce but will not leave.

[SalishSea 17,827]

7 hours ago, TroyanErica said:

Can someone arriving on a K1, married within the 90 days. Aos filed within the 90 days.  Then the us citizen files for divorce due to suspected fraud and withdraws the I864 and the aos and was and ap are all denied and the applicant is told in denial letter they have 30 days to leave and are no longer authorized to be in the USA.  Can they not leave, marry another US citizen and file for another aos I 485. Before there divorce is finalized? Or ever? Claims are that this person has already remarried another US.  Already refilled green card app and check already cashed? Any legal leg to stand on here? And how would one file for bigamy if they really did remarry before divorced? 

USCIS will happily accept checks for payment of fraudulent applications.  There will be no refund when it is denied, however.

[SusieQQQ 11,586]

10 hours ago, TroyanErica said:

Claims the “person helping”

advises they will just need the divorce decree by the interview 🧐  lots of off the wall what I would presume to be bogus claims.  But you never know. 

I don’t understand your point. Applicants need to present all marriage and divorce certificates for every marriage they’ve had. Even if they only present it at the interview, any overlap would still be picked up then before any AOS might be granted....and as above, the latter wouldn’t happen anyway due to the K1 restrictions.

From recollection, bigamy is one of the offenses that makes one ineligible for admission to the US, can anyone confirm? (Edit: I see @Nitas_mandid already confirm that.)

Edited September 16, 2019 by SusieQQQ

[Back2real 4]

12 hours ago, NYCruiser said:

Is this a story from 90 Day Fiance on TLC? Sounds a lot like that 21 year old Jamaican guy on there?

Nope.  True story.  Another Jamaican but 31 years old.  Yes similar though.  If you heard all the gory details.  

[E & J 2018 132]

I have heard stories that people are telling the beneficiaries to claim abuse and file VAWA when the breakup happens, before the AOS is approved. Watch out for this! I am not sure how this work out for them 🤷‍♂️

[NYCruiser 423]

1 hour ago, TroyanErica said:

Nope.  True story.  Another Jamaican but 31 years old.  Yes similar though.  If you heard all the gory details.  

Yes unfortunately I have...:-(

[SusieQQQ 11,586]

22 minutes ago, E & J 2018 said:

I have heard stories that people are telling the beneficiaries to claim abuse and file VAWA when the breakup happens, before the AOS is approved. Watch out for this! I am not sure how this work out for them 🤷‍♂️

Definitely happens, the sad thing is if they ever crack down on it it will adversely affect those who genuinely need VAWA protection.

[E & J 2018 132]

8 minutes ago, SusieQQQ said:

Definitely happens, the sad thing is if they ever crack down on it it will adversely affect those who genuinely need VAWA protection.

Unfortunately, they do need to crack down on this. They need to do a thorough investigation and get BOTH sides of the story.  No one should suffer abuse, but no one should get away with false claims and use this as a loophole to proceed with the immigration process.

Edited September 16, 2019 by E & J 2018

[Back2real 4]

30 minutes ago, SusieQQQ said:

Definitely happens, the sad thing is if they ever crack down on it it will adversely affect those who genuinely need VAWA protection.

I would hope one would need proof of abuse.  Also I believe wawa would be ineligible if they remarry.  

[Boiler 45,486]

Judging by the VJ experience the proof required is fairly minimal.

[SusieQQQ 11,586]

4 hours ago, E & J 2018 said:

Unfortunately, they do need to crack down on this. They need to do a thorough investigation and get BOTH sides of the story.  No one should suffer abuse, but no one should get away with false claims and use this as a loophole to proceed with the immigration process.

 

4 hours ago, TroyanErica said:

I would hope one would need proof of abuse.  Also I believe wawa would be ineligible if they remarry.  

Whether you read the transparent “I was abused (but hey! I want to marry someone else immediately)” type of posts on VJ, or the ones by the heartbroken good-faith USC spouses who’ve been falsely accused of abuse, or the take-your-pick stories on the internet, this happens far more than it should. Judging by some of what I’ve seen, people actually get coached on how to approach the whole situation and file false VAWA. I appreciate the difficulties in judging what is often a he said-she said scenario and I really believe true victims should be protected, but there is far too much abuse of this well-intended clause.

Edited September 16, 2019 by SusieQQQ