Arrived on K1, got married, husband abusive

[discoverusa 265]

Good luck to your friend. I hope she finds peace and a good outcome. 

[OldUser 6,659]

26 minutes ago, JD2 said:

Does the reason why she wants to stay, as long as it is legal, matter in a VAWA case? 

Yes, I wouldn't be surprised if she's asked the reason why she wanted to stay at the interview if she has one.

 

26 minutes ago, JD2 said:

But, if she were being coached, why wouldn't she wait longer?  

Because time is the most valuable asset in everyone's life?

 

26 minutes ago, JD2 said:

But I guess everyone is a fraudster

You'd be surprised, but that's how USCIS operate. It's up to an immigrant to prove they're eligible for an immigration benefit and no fraud was used to obtain it.

 

I'm not accusing anybody, just understand it's not an easy case.

Edited August 16 by OldUser

[Boiler 45,494]

I would advise you to stay clear of what seems a complicated of short relationship.

 

There is no way you can know what is going on, it seems you have been told a few things but there is always two sides to every story.

[JD2 72]

1 hour ago, OldUser said:

You'd be surprised, but that's how USCIS operate.

Skepticism has to be grounded in reasonableness.  

 

1 hour ago, OldUser said:

I'm not accusing anybody

Not you but @Timona definitely did and made far fetched and baseless assumptions as if they concocted a movie in their mind.  Think about the implications of his assumptions.  How absurd they are.  If being able to contact police or knowing that you have medical records because you've been to the hospital are evidence of planning and coaching, every single VAWA case probably has those elements.  And there's almost a bigotry assuming a new immigrant could not know how to get help and being able to get help is somehow indicative of fraud.  Healthy skepticism helps genuine victims by weeding out fraudsters.  But, unreasonable skepticism gives abusers a certain type of comfort in knowing their victims will have to overcome such craziness.

[SalishSea 17,829]

2 minutes ago, JD2 said:

Skepticism has to be grounded in reasonableness.  

 

Not you but @Timona definitely did and made far fetched and baseless assumptions as if they concocted a movie in their mind.  Think about the implications of his assumptions.  How absurd they are.  If being able to contact police or knowing that you have medical records because you've been to the hospital are evidence of planning and coaching, every single VAWA case probably has those elements.  And there's almost a bigotry assuming a new immigrant could not know how to get help and being able to get help is somehow indicative of fraud.  Healthy skepticism helps genuine victims by weeding out fraudsters.  But, unreasonable skepticism gives abusers a certain type of comfort in knowing their victims will have to overcome such craziness.

At the end of the day, it matters not what anyone here thinks.   The burden of proof is on the applicant in question, to show a preponderance of evidence to USCIS.    The bar is high due to the hordes of fraudsters who came before.   Good luck to your friend.

[Daphne . 1,856]

3 hours ago, JD2 said:

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. 

Her not wanting to return home (which is what most people would do who moved to the US for love and ended up in a terrible marriage immediately) will very likely not help her VAWA case.

 

 

[nastra30 2,285]

Op. Friend should file and proof their case. Extremely high bar for a very short marriage but you believe the circumstances are legit so friend should file and let the chips fall where they'll fall. Do you due diligence and USCIS will due theirs. There's a vawa thread here to ask questions.

Good luck.

[Ellie_7 103]

What @Daphne . observed is right on. 

[Melancholic Mage 107]

I'm shocked what sounds like such a clear-cut domestic abuse case can be treat so suspiciously if there's clear photo evidence, medical records, social workers etc. And deeply sickened because from what other members have outlined? Sadly it makes enough sense for me to believe it. 

 

I have to question though. Do people willingly volunteer to go through such violence that it lands them into hospitalisation, just for fraudulent immigration into the US? Surely if this woman has broken bones or fractures that would help her case with USCIS because of the extreme bodily harm. It's hard to believe someone would willingly undergo that rather than go through proper immigration procedure... right? 

 

Perhaps I'm being naive. It boggles my mind the extreme lengths people can go. Either way, this situation sounds beyond messy and it may be better you keep it at arm's length OP, however painful. Your involvement may only further complicate things or even put you in danger. I wish her and you all the best. 

[Gary Rich 267]

Good Morning. I have been reading this post and I'm sure things like this happen all the time and sometimes it just goes unnoticed.

All I would say is this: if this is legitimate, I will have police reports and hospital records, court filings, etc.. cause it's going to take

a lot of documentation to prove the case at hand.. all we can do is hope they are safe.

I'm not an expert, but being in an abusive relationship does not have a timetable.. it happens when it happens.

[EmilyW 1,434]

OP, did she report this to the police, and does she have the police records? 

 

Also, medical personnel are mandated reporters and this can extend to adults where the adult is vulnerable to abuse (I'd assume a new immigrant would fit that category).  Did the medical personnel who treated her report the abuse?

 

 

[Timona 4,207]

I did not make any unjustly assumptions. Whatever you described is a typical playback for some immigrants in an attempt to file VAWA. Years of experience on immigration forum will help you sniff this from afar. 

 

Abuse happens. But it is questionable when immigrant just landed and then abuse started next day, immigrant is already gathering "extensive evidence" etc. I would think that if indeed an abuse started on day 2 in US, an immigrant would be shocked or trying to go back home NOT starting a library of evidences. What's the aim of these evidences if not VAWA? Why doesn't she not want to go back home? You had implied she wants to stay in US.

 

Additionally, didn't the 2 spend time abroad? It becomes questionable when as soon as immigrant lands on US soil, abuse starts day 2. The short time frame isn't doing any favors. 

 

For nearly most immigrants,their first months is full of discovering the new environment: A spouse trying to show you how the bus line works, huge supermarkets, getting DL, meeting neighbors etc...

 

If your friend friend finds out she has no route in US other than AOSing via the K-1 petioner, it wouldn't be surprising if they suddenly made up. Honestly, there are 2 options: go back home OR fix it with the spouse. VAWA isn't looking great. So, what option will will she choose? Ask her and get back to us. 

 

And I'm very open minded. I do not advocate for abuse. At the same time, I don't support frivolous cases.

[Boiler 45,494]

I know there are Facebook groups the specialise in this.

 

Anyway we know she has not been here that long and my advise would be to stay well out of this, you can not know her that well, and you certainly cant know the dynamics of their relationship.

[Timona 4,207]

11 hours ago, JD2 said:

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.  

 

Actually, you did answer why she doesn't want to go back home. I don't think this reason is what a K-1 visa was intended for. 

 

And BTW, most people on this forum are immigrants, I included. So, we know when we know. 

 

You need to stop advising your friend as was already mentioned. VAWA isn't an option. She can only AOS through original K-1 petitioner, whose nest has been rattled and I would be extremely surprised if USC continues with AOS for her, given the circumstances you've mentioned. 

I'm out. 

 

Good luck 

[Pinkrlion 2,719]

She can go back home and still file for VAWA. It will be embassy interview. 

Edited August 16 by Pinkrlion