K1 Fiancé files for a Restraining order

[Kennyads 0]

when a k1 fiance file for restraining order against the spouse that file for him. He does not want to divorce, filled a restraining order against the spouse that filled for him. What should this spouse do . Will the K1 fiancé allowed to stay? 

[Kennyads 0]

when a k1 fiance file for restraining order against the spouse that file for him. He does not want to divorce, filled a restraining order against the spouse that filled for him. What should this spouse do . Will the K1 fiancé allowed to stay? 

in-debt of what happened: it been 4 month since the K1  Fiancé arrived in the United state.

 

So. This K1 fiancée was recording the spouse every time they have argument. No violence was used . Just heat argument. The K1 fiancé called the cops to report the spouse for assault . But the cops said it was it wasn’t assault but a domestic violence between both couple, after checking the security camera. Days later the spouse found out that the K1 fiancé place a restraining order on her .  Now the spouse was arrested. 
please help the spouse. What should she do?

[Boiler 45,434]

Appoint a Divorce Lawyer 

 

obviously this relationship is going nowhere

[apnzz 226]

That really depends, what is the situation - When did the fiancé come? Did you marry, if so; When did you marry? Did you guys file AOS? 

 

Without more specific info and more context:

Generally speaking; if you married and the AOS either isn't filed or it is still pending, and an individual seeks a restraining order it, the only logical thought process is to seek divorce; you can't exactly have a bona fide marriage when one has a restraining order against the other (seems a bit illogical you mentioned he doesn't want a divorce but sought a restraining order).. so this essentially means the marriage isn't going to continue - seek a divorce attorney or pursue divorce and the foreigner would have to go home in most situations (AOS can only be successful if marriage is real and continuing as the entire basis of you having the green card is via a marriage-based process following the k1). I know some might mention VAWA but since the other post you have made discusses no violence or domestic conflicts, this isn't really applicable.

 

If the AOS is approved and foreigner has the green card, seek divorce and afaik (unless someone corrects me if I am mistaken) foreigner can remain. Many marriages don't work out. The US citizens' financial sponsorship responsibilities (afaik) however; do not end.

[Dashinka 24,466]

30 minutes ago, apnzz said:

That really depends, what is the situation - When did the fiancé come? Did you marry, if so; When did you marry? Did you guys file AOS? 

 

Without more specific info and more context:

Generally speaking; if you married and the AOS either isn't filed or it is still pending, and an individual seeks a restraining order it, the only logical thought process is to seek divorce; you can't exactly have a bona fide marriage when one has a restraining order against the other (seems a bit illogical you mentioned he doesn't want a divorce but sought a restraining order).. so this essentially means the marriage isn't going to continue - seek a divorce attorney or pursue divorce and the foreigner would have to go home in most situations (AOS can only be successful if marriage is real and continuing as the entire basis of you having the green card is via a marriage-based process following the k1). I know some might mention VAWA but since the other post you have made discusses no violence or domestic conflicts, this isn't really applicable.

 

If the AOS is approved and foreigner has the green card, seek divorce and afaik (unless someone corrects me if I am mistaken) foreigner can remain. Many marriages don't work out. The US citizens' financial sponsorship responsibilities (afaik) however; do not end.

I agree with what you said except the last part.  If there is no AOS and no I864, the USC spouse or fiance (unclear if a wedding took place) is not on the hook financially at least with respect to the I864.

 

To the OP, if married, file for divorce and don’t provide an I864.

 

Good Luck!

[Crazy Cat 41,770]

***Duplicate topics merged.  Do not start duplicate threads***

[igoyougoduke 1,653]

6 hours ago, Kennyads said:

when a k1 fiance file for restraining order against the spouse that file for him. He does not want to divorce, filled a restraining order against the spouse that filled for him. What should this spouse do . Will the K1 fiancé allowed to stay? 

Filing for a restraining order is a huge red flag for the relationship. Think 10 times before marrying if it gets started with restraining order, where will it stop. 

[JeanneAdil 6,484]

If, you,  are the K1 beneficary and this early in relationship had to file restraining order,  get to a shelter (help line 600-799-7233 or call 911)

Stay there / do not return to him 

Follow the orders at the shelter 

they will assist with pro bono attorney but u need to do as attorney says

 

Tennessee does not want to return another K1  bene home in the fashion  the following article will tell u   /  that woman did not remain at the shelter /she wanted to work in out

 

Stay safe and understand "an abuser will not change" without him getting serious therapy

 

The following is from the papers in Clarksville near Nashville

https://clarksvillenow.com/local/hamid-houbbadi-sentenced-to-life-in-prison-plus-12-years-for-murder-of-estranged-wife/

 

 

Edited Wednesday at 01:59 PM by JeanneAdil

[Moda25 48]

Looks like a plan thing. He knows what he’s doing and has been coached. 

[Ban Hammer 13,325]

sounds like someone read about VAWA and is trying to play a game using it.

[apnzz 226]

10 minutes ago, Ban Hammer said:

sounds like someone read about VAWA and is trying to play a game using it.

My thoughts exactly - just sounds like they've just searched ways to stay in the US without staying with the petitioner and found VAWA was a thing and has tried to manipulate the situation in that direction.

 

Either way, OP, best course of action following a restraining order is to seek divorce imho.

Edited Wednesday at 02:43 PM by apnzz

[JeanneAdil 6,484]

21 minutes ago, Ban Hammer said:

sounds like someone read about VAWA and is trying to play a game using it.

it possible  

 

Many who want to immigrate here  know more about US immigration than we , USC"s do

 

But not many come from Samoa so she was not taught by visa seekers like some other countries

and why ask here if she already has that info

 

I tend to believe that many coming on K1 have not taken the time to understand each other and don't know what they are getting into/ it takes time and too many are in a hurry as they are "in love"

 

If USC married or will marry and petitions for AOS,  then it is on his head 

let him be responsible for the green card and the  next 10 years 

Edited Wednesday at 02:54 PM by JeanneAdil

[Ryan H 3,812]

Moved from K1 Progress Reports to Effects of Major Family Changes on Immigration Benefits forum.