Arrived on K1, got married, husband abusive

[JD2 72]

Asking for someone else.  Hello, suppose a woman came on a K1, married her petitioner, but before filing the I-130 and I-485, the husband became very physically abusive.  She actually got a protective order against him.  Is it still possible to proceed with the adjustment?  Or, is there any other way to get green card?  She has not gotten a SSN card yet either.

Edited August 15 by JD2

[randomstairs 303]

She can probably file a VAWA petition. This can protect her benefits without the abusive husband's participation.  

[SalishSea 17,829]

I believe she can only adjust via the K-1 petitioner.

[JD2 72]

33 minutes ago, SalishSea said:

I believe she can only adjust via the K-1 petitioner.

Even though she married her USC petitioner?  The I-360 instructions list "An abused spouse or child of a U.S. citizen or lawful permanent resident, or an abused parent of a U.S. citizen son or daughter pursuant to the Violence Against Women Act (VAWA)"

[Timona 4,207]

How long have they been officially married? 

[JD2 72]

10 minutes ago, Timona said:

How long have they been officially married? 

They married on April 24, 2024

[Timona 4,207]

She has an option of going back home, her only option IMHO. Marrriage seems already broken before it even started. 

 

Where's she from? 

[JD2 72]

1 minute ago, Timona said:

She has an option of going back home, her only option IMHO. Marrriage seems already broken before it even started. 

 

Where's she from? 

Why isn't VAWA an option?  Lebanon

[OldUser 6,662]

5 minutes ago, JD2 said:

Why isn't VAWA an option?  Lebanon

How much solid documentation of abuse does she have?

 

WAVA could be an option, but the shorter the marriage was, the harder is to prove there was a relationship at all. Short marriages are fraud indicators and may be held to a higher standard by USCIS.

Edited August 16 by OldUser

[JD2 72]

Just now, OldUser said:

How much solid documentation of abuse does she have?

 

WAVA could be an option, but the shorter the marriage was, the harder is to prove there was a relationship at all.

proving VAWA won't be an issue.  overwhelming evidence imho.  photos, medical records, social workers, restraining order

[Timona 4,207]

4 minutes ago, JD2 said:

Why isn't VAWA an option?  Lebanon

 

I'll be blunt, direct and honest. I knew VAWA was the goal, right from your first post. See the response that I had pre-written below.

 

Such a short time to have even known what a protective order is and how to file it. Seems your friend might be playing high stakes game. This looks really suspicious and coached.

[Timona 4,207]

1 minute ago, JD2 said:

proving VAWA won't be an issue.  overwhelming evidence imho.  photos, medical records, social workers, restraining order

 

All within 4 months of being in US? Couples should be honeymoon-ing during this time but your friend is busy collecting "overwhelming evidence," knew how to find her way to police station, knew what VAWA is and is lining up with evidences? Most couples at this time are usually trying to get AOS package ready or trying a hail Mary SSN application while job hunting. 

 

And she has a restraining order ontop of the protective order? They're then not living in marital harmony, probably living separate. AOS isn't an option, therefore. 

 

I'm not to judge, but your friend has/is being coached. 

[JD2 72]

1 minute ago, Timona said:

 

All within 4 months of being in US? Couples should be honeymoon-ing during this time but your friend is busy collecting "overwhelming evidence," knew how to find her way to police station, knew what VAWA is and is lining up with evidences? Most couples at this time are usually trying to get AOS package ready or trying a hail Mary SSN application while job hunting. 

 

And she has a restraining order ontop of the protective order? They're then not living in marital harmony, probably living separate. AOS isn't an option, therefore. 

 

I'm not to judge, but your friend has/is being coached. 

Sorry, I mistyped only protective order not restraining.  I get skepticism but I think you're making a lot of assumptions.  You compare her to most couples but most husbands are not physically abusing their wives.  How can anything be normal with physical abuse in the mix?  You are assuming she knew what VAWA was.  I found it through Google after a response here.  She's never mentioned that.  You are assuming she's "lining up evidences" and "finding her way to the police station."  She got physically abused and she wound up in the hospital and the medical staff referred her to social services who helped her.  And you are right, they are not living together.  She moved out.  I should have written proceed with the adjustment without him.  Assume she's telling the truth for a sec: If she wanted you to believe her and not appear coached, what should she have done?  Not gotten medical treatment?  Tell the hospital not to refer her to social services?  to destroy her medical records?  never take photos of her injuries?  refuse to talk to the police?

[OldUser 6,662]

11 minutes ago, JD2 said:

Sorry, I mistyped only protective order not restraining.  I get skepticism but I think you're making a lot of assumptions.  You compare her to most couples but most husbands are not physically abusing their wives.  How can anything be normal with physical abuse in the mix?  You are assuming she knew what VAWA was.  I found it through Google after a response here.  She's never mentioned that.  You are assuming she's "lining up evidences" and "finding her way to the police station."  She got physically abused and she wound up in the hospital and the medical staff referred her to social services who helped her.  And you are right, they are not living together.  She moved out.  I should have written proceed with the adjustment without him.  Assume she's telling the truth for a sec: If she wanted you to believe her and not appear coached, what should she have done?  Not gotten medical treatment?  Tell the hospital not to refer her to social services?  to destroy her medical records?  never take photos of her injuries?  refuse to talk to the police?

One would think an overwhelming majority of victims in this situation seek help and support from their family and head back to the country of origin.

With only 3-4 months in the US, most of them would feel like it was a long horrible vacation VS planning long term immigration route. Of course, the person may have legitimate marital issue and abuse, as well as desire now to stay in the US. But USCIS will be no less sceptical and could assume it was all planned before entering the US.

 

I cannot advise whether to go VAWA route or not, just a warning it may be a challenging one.

Edited August 16 by OldUser

[JD2 72]

24 minutes ago, OldUser said:

One would think an overwhelming majority of victims in this situation seek help and support from their family and head back to the country of origin.

With only 3-4 months in the US, most of them would feel like it was a long horrible vacation VS planning long term immigration route. Of course, the person may have legitimate marital issue and abuse, as well as desire now to stay in the US. But USCIS will be no less sceptical and could assume it was all planned before entering the US.

 

I cannot advise whether to go VAWA route or not, just a warning it may be a challenging one.

Does the reason why she wants to stay, as long as it is legal, matter in a VAWA case?  Her home country is in financial crisis and war which could escalate.  I think you're right that it'll be harder to prove up a short marriage.  But, if she were being coached, why wouldn't she wait longer?  There's a big difference between a weak case and fraud.  But I guess everyone is a fraudster if the standard of fraud is being able to use Google and find your way to a police station.