K1 divorce before AOS adjudicated affidavit of support abuse

[complex01 1]

I have a complex problem. A good friend of mine - Filipino - that I've known for a little over 2 years recently married a US Citizen in May on a K1 visa. Her AOS was filed end of July. After marriage, her spouse changed dramatically - refusing to file work petition so she can get a job, physical abuse, emotional control and abuse, the works. In essence, he wanted a slave and not a wife. 2 months ago, during one of their fights, she said she wanted a divorce. He nearly killed her in a fit of rage. She does not want to do VAWA because she doesn't want him to lose custody of kids (even though IMO he should) and she has no police reports, only the pictures of her wounds she's taken/sent me. She does want to stay here in the worst way. She does not have her conditional green card yet. He has consistently threatened to withdraw the affidavit of support if she leaves or doesn't follow his commands. I told her to leave anyway and it's not worth dying over, but she's trying to stick it out.

My question:

1) hypothetically speaking, if she divorces him, and he withdraws the 864, could she in theory marry me, and I file the 864 as a substitute as her new husband? I haven't even proposed this yet, but we have grown very close in light of recent events, so it's possible. I'm talking legitimate marriage offer, not to get around immigration.

2) I know her chances are much better if she has the conditional GC since all she'll have to do is prove bona fide marriage when she goes to file the 754 for removal of conditions, but what are our chances and options _right now_ for keeping her here?

Given it's been 3 months already since AOS was filed, it seems like sticking it out for (hopefully) only month or two longer until the conditional GC comes in is the best option, I'm just terrified he's going to severely harm her before then, so I'm wondering if there's any hope at all I could give her.

I have considered an anonymous call to the police, but I'm the only one she's told about this, and begged me not to. She'd know it was me and it'd make things worse.

Thanks for the advice in advance.

Edited October 28, 2016 by complex01

[JenniferNangel 137]

If the husband nearly beat her to death he shouldn't be around his kids and should be in jail for a long long time

[complex01 1]

I agree completely, and I've been telling her that all along, but she refuses to report the abuse to authorities.

[Ben&Zian 4,397]

She needs to report it. That will give her the power to be able to divorce and continue AOS without issue.

Your thought on marrying her after a divorce and trying to finish her adjustment I don't think would work, or be wise as it would make her look bad I think. She has to complete the AOS with original petitioner of the K-1 unless circumstances(such as the abuse) with the VAWA.

IMO, if she won't report the abuse, if you are so caring about her, you should definately continue to try and convince her or as you said even report it yourself.

Edited October 28, 2016 by Ben&Zian

[dwheels76 5,461]

I have a complex problem. A good friend of mine - Filipino - that I've known for a little over 2 years recently married a US Citizen in May on a K1 visa. Her AOS was filed end of July. After marriage, her spouse changed dramatically - refusing to file work petition so she can get a job, physical abuse, emotional control and abuse, the works. In essence, he wanted a slave and not a wife. 2 months ago, during one of their fights, she said she wanted a divorce. He nearly killed her in a fit of rage. She does not want to do VAWA because she doesn't want him to lose custody of kids (even though IMO he should) and she has no police reports, only the pictures of her wounds she's taken/sent me. She does want to stay here in the worst way. She does not have her conditional green card yet. He has consistently threatened to withdraw the affidavit of support if she leaves or doesn't follow his commands. I told her to leave anyway and it's not worth dying over, but she's trying to stick it out.

My question:

1) hypothetically speaking, if she divorces him, and he withdraws the 864, could she in theory marry me, and I file the 864 as a substitute as her new husband? I haven't even proposed this yet, but we have grown very close in light of recent events, so it's possible. I'm talking legitimate marriage offer, not to get around immigration.

2) I know her chances are much better if she has the conditional GC since all she'll have to do is prove bona fide marriage when she goes to file the 754 for removal of conditions, but what are our chances and options _right now_ for keeping her here?

Given it's been 3 months already since AOS was filed, it seems like sticking it out for (hopefully) only month or two longer until the conditional GC comes in is the best option, I'm just terrified he's going to severely harm her before then, so I'm wondering if there's any hope at all I could give her.

I have considered an anonymous call to the police, but I'm the only one she's told about this, and begged me not to. She'd know it was me and it'd make things worse.

Thanks for the advice in advance.

The AOS path is only through her husband. If he withdrawals the I-864 she had no path.

She can divorce him marry ypu and she would need to leave the US and have interview in her country.

In theory she can wait it out and pray they don't request an interview. She has too many "what if's"here riding on the emotions of her husband which isn't good.

Aside from all the immigration mess she needs to think about her safety and her step children.

Take your friend to a battered women's shelter let them talk to her. She needs counseling first and foremost.

[Merrytooth 5,748]

Are you a USC?

[complex01 1]

Are you a USC?

Yes, I am - born and raised.

[A'n'L 735]

As a K1 holder, her only path to AOS is through her original petitioner.

However! She is in severe danger (based on your information) and you (as an invested friend/love interest) need to do everything in your pocket to get her out of that household. Do not delay! I suggest you call a local crisis center and discuss, maybe they can help you convince her she needs to leave.

Edited October 28, 2016 by A'n'L

[NewBeginnings1 10]

I have a complex problem. A good friend of mine - Filipino - that I've known for a little over 2 years recently married a US Citizen in May on a K1 visa. Her AOS was filed end of July. After marriage, her spouse changed dramatically - refusing to file work petition so she can get a job, physical abuse, emotional control and abuse, the works. In essence, he wanted a slave and not a wife. 2 months ago, during one of their fights, she said she wanted a divorce. He nearly killed her in a fit of rage. She does not want to do VAWA because she doesn't want him to lose custody of kids (even though IMO he should) and she has no police reports, only the pictures of her wounds she's taken/sent me. She does want to stay here in the worst way. She does not have her conditional green card yet. He has consistently threatened to withdraw the affidavit of support. I told her to leave anyway and it's not worth dying over, but she's trying to stick it out.

My question:

1) hypothetically speaking, if she divorces him, and he withdraws the 864, could she in theory marry me, and I file the 864 as a substitute as her new husband? I haven't even proposed this yet, but we have grown very close in light of recent events, so it's possible. I'm talking legitimate marriage offer, not to get around immigration.

No, the original K1 petitioner and beneficiary are the only ones USCIS will review. She can not remarry with her visa class. If he is as abusive as he is why doesn't she just call the police and file the VAWA? Are the kids her and his?

2) I know her chances are much better if she has the conditional GC since all she'll have to do is prove bona fide marriage when she goes to file the 754 for removal of conditions, but what are our chances and options _right now_ for keeping her here?

If she truly is in an abusive relationship, then she needs to take action. Immigrants have protections against domestic violence - hence VAWA. If she's not having an adulterous affair to gain immigration benefits then she would benefit from those protections. The 754 requires both original petitioner for K1(I-129F form) and beneficiary (immigrant). The immigrant is the applicant, but the original petitioner attest the marriage is bonefide and then the application has to include evidence. (mortage/lease agreement, combined assests, combined liabilities, etc..). If the relationship dissolves before the end of the conditional period, the immigrant must provide evidence with their I-751. I believe if after the conditional GC is issued, and the immigrant divorces based on this domestic situation, the immigrant can then file I-754 without having to wait out the two years.

Either way, she needs an attorney and should go to the nearest immigrant services center in her state.

Given it's been 3 months already since AOS was filed, it seems like sticking it out for (hopefully) only month or two longer until the conditional GC comes in is the best option, I'm just terrified he's going to severely harm her before then, so I'm wondering if there's any hope at all I could give her.

I have considered an anonymous call to the police, but I'm the only one she's told about this, and begged me not to. She'd know it was me and it'd make things worse.

Thanks for the advice in advance.

[Merrytooth 5,748]

She wants to stick out for the sake of green card? Then divorce him right after it?

Why not you convince her to leave/divorce the abusive spouse, go back home (if does not want to go the VAWA route) and then you can file for her?

[complex01 1]

She wants to stick out for the sake of green card? Then divorce him right after it?

Why not you convince her to leave/divorce the abusive spouse, go back home (if does not want to go the VAWA route) and then you can file for her?

That's a super good idea I hadn't thought about. There'd be nothing preventing her and I from filing our own K1 / CR1 once her divorce is finalized even if AOS is denied, correct? Worse case, it's just an extra 5-7 months in the Philippines for her, but at least she's safe, and can return.

[IcezMan_IcezLady 582]

As bad as her situation sound.. Someone does not start a K-1 and you continue with the rest. it doesn't work like that.

You started the story so innocently like a mere friend but you are not just a "friend".

I wonder if there's more to the story.

And you as a USC have witnessed her scars from a domestic violence and you sat there and not let her call the police? i find it hard to believe that you would care about what happens to the man abusing someone you are want to marry.

This whole story smells fishy..

But if the woman is in danger, immigration should be the least of her worries. You want to be alive to go through the immigration process.

[NewBeginnings1 10]

That's a super good idea I hadn't thought about. There'd be nothing preventing her and I from filing our own K1 / CR1 once her divorce is finalized even if AOS is denied, correct? Worse case, it's just an extra 5-7 months in the Philippines for her, but at least she's safe, and can return.

Yes she can leave, but she would have to request to withdraw AOS I believe. She could should call immigration and as what the process is if the beneficiary wants to withdraw and file for divorce.

Since she's already gong through it once (K1) she would probably have a delay in the processing. Things to consider.

[Cathi 5,610]

if he nearly beat her to death why is she so desperate to stay in the US, she's only been here since May? If she really fears that much for her safety common sense would say she would pack up and go back to her family where she is safe.

Edited October 28, 2016 by mimolicious

[belinda63 2,981]

First of all getting a green card will do her no good if she is dead, which is where it sounds like this might be going. She still has quite a few months until she might receive her green card. My understanding is it is taking about a year after filing to get it. That is if he filed the paperwork and doesn't pull the affidavit of support.

She should either leave him and report the abuse and file for VAWA Iwhich will require more the pictures) or leave him and go home.