Help - Search - Members - Calendar
Full Version: K1 Visa Married but did not work out now claiming abuse
VisaJourney.com > General Family Based Immigration Topics > Effects of Major Family Changes on Immigration Benefits

dpinternational
I brought my Fiancé over here on a K1 Visa and got married in the 90 days. Well after a few weeks of marriage things weren't working out. At that point I offered her money and a plane ticket to go back home because I could not trust her living with me anymore. So at that point things got real bad. she started claiming abuse got me arrested attempted a restraining order. Also had to go to court for criminal charges of hitting her but luckily she didn't show up. She has been in and out of abused women shelters. Supposedly hiding from me. Even though she called me all the time and stupid me even picked her up a few times to see her and take her to my grandparents for Thanksgiving. This all happened in NJ.

She started talking about having family in Maine so I figured it would be best to fly her there for both of us. So I bought her a plane ticket to move in with some family. Then I got word she got kicked out of there and went back to a battered women's shelter claiming I was looking for her. Again calling me from the shelter.

Every time I asked her for an address or something to send her divorce papers she ignored the question or said I need to speak to my lawyer. So finally about a year and a half later I have my uncontested divorce hearing this month since I cant find her.

This girl really tried to screw me time and time again. And it really makes me mad that she is now living in her own apartment probably being paid for from our tax money. From what I know she still isn't legal to work here. So I was thinking that would be the first step to being a citizen. I am not usually spiteful but after all she put me through and all the stories she made up in court I would love for her to have to go back where she came from.

Also am I supposed to notify anyone once the divorce or annulment is final? Wonder if she is still going to be able to stay here since she is claiming abuse. Even though I won at court. Any suggestions I would appreciate it. I hate being a sucker
pushbrk
QUOTE(dpinternational @ Dec 11 2007, 08:16 PM) *
I brought my Fiancé over here on a K1 Visa and got married in the 90 days. Well after a few weeks of marriage things weren't working out. At that point I offered her money and a plane ticket to go back home because I could not trust her living with me anymore. So at that point things got real bad. she started claiming abuse got me arrested attempted a restraining order. Also had to go to court for criminal charges of hitting her but luckily she didn't show up. She has been in and out of abused women shelters. Supposedly hiding from me. Even though she called me all the time and stupid me even picked her up a few times to see her and take her to my grandparents for Thanksgiving. This all happened in NJ.

She started talking about having family in Maine so I figured it would be best to fly her there for both of us. So I bought her a plane ticket to move in with some family. Then I got word she got kicked out of there and went back to a battered women's shelter claiming I was looking for her. Again calling me from the shelter.

Every time I asked her for an address or something to send her divorce papers she ignored the question or said I need to speak to my lawyer. So finally about a year and a half later I have my uncontested divorce hearing this month since I cant find her.

This girl really tried to screw me time and time again. And it really makes me mad that she is now living in her own apartment probably being paid for from our tax money. From what I know she still isn't legal to work here. So I was thinking that would be the first step to being a citizen. I am not usually spiteful but after all she put me through and all the stories she made up in court I would love for her to have to go back where she came from.

Also am I supposed to notify anyone once the divorce or annulment is final? Wonder if she is still going to be able to stay here since she is claiming abuse. Even though I won at court. Any suggestions I would appreciate it. I hate being a sucker


If I were you, I'd notify the USCIS now with a full explanation and then again when the divorce is final. In all likelyhood, she'll successfully adjust status base on her abuse claim. She may already have done so.

JJWashington
Good luck!
dpinternational
QUOTE(JJWashington @ Dec 12 2007, 02:18 AM) *
Good luck!

IF she adjusted her status wouldnt she be able to work? I thought that was one of the first things.
dpinternational
QUOTE(dpinternational @ Dec 12 2007, 03:07 AM) *
QUOTE(JJWashington @ Dec 12 2007, 02:18 AM) *
Good luck!

IF she adjusted her status wouldnt she be able to work? I thought that was one of the first things.

Also when i do a search for her name on one of those people finders nothing comes up. I even tried using her social security card number which she doesent have anymore. And I had to pay some guy to try to find her and nothing. So I figured if she did adjust status she would have to be able to be found. I dont know I can be wrong.
ChrisB0707
QUOTE(dpinternational @ Dec 12 2007, 12:09 AM) *
QUOTE(dpinternational @ Dec 12 2007, 03:07 AM) *
QUOTE(JJWashington @ Dec 12 2007, 02:18 AM) *
Good luck!

IF she adjusted her status wouldnt she be able to work? I thought that was one of the first things.

Also when i do a search for her name on one of those people finders nothing comes up. I even tried using her social security card number which she doesent have anymore. And I had to pay some guy to try to find her and nothing. So I figured if she did adjust status she would have to be able to be found. I dont know I can be wrong.


Sounds like she started the abuse claim so she could adjust status. Just be happy you got away from her. I wouldnt try to find her it may just cause problems for you again. Goodluck and sorry to hear what happen. Sometimes things just dont work and sometimes they do
DKM
The mistake here was your further contact after she had you arrested for something you didn't do. That was your weakness that enabled this problem to get worse. Like someone else said, I've heard worse. You got the divorce? Good, stop trying to find her and move on. I guarantee you she isn't happy right now and feels stupid for what she tried to pull off.
Caladan
You're divorcing her. You should notify USCIS. And what happens from here on out is really up to her. She may be able to file under VAWA (it's not a quick or easy process) for her own green card. The social security number is still hers even if you take away the card. And so you know, you probably make her case a little easier for her by stalking her.

I'm very sorry this happened to you.
HappyOne
sorry to hear about your situation.
Is it that easy to claim that you are abused by someone? I mean, do they not ask for evicendence like hospital report or so?
Otherwise everybody that has bad intentions by abusing K1 could do that to receive a GC.
vbtbmrt
there is alot of that going around just say someone did something and how do you prove otherwise. it soils your name and puts a big black mark on your life. i have been down that road also got my name cleared but still it hurts you good luck and the best thing is move on forget her she used you and all you can do is call uscis and explain to them what happened
pushbrk
QUOTE(dpinternational @ Dec 12 2007, 12:07 AM) *
QUOTE(JJWashington @ Dec 12 2007, 02:18 AM) *
Good luck!

IF she adjusted her status wouldnt she be able to work? I thought that was one of the first things.


That is correct, but I doubt you know for sure whether she's working either.
Len_and_Bren
QUOTE(Caladan @ Dec 12 2007, 08:40 AM) *
You're divorcing her. You should notify USCIS. And what happens from here on out is really up to her. She may be able to file under VAWA (it's not a quick or easy process) for her own green card. The social security number is still hers even if you take away the card. And so you know, you probably make her case a little easier for her by stalking her.

I'm very sorry this happened to you.


Wise words Caladan good.gif
To the OP: notify USCIS of divorce. Whatever happens to her is out of your hands now.
dpinternational
QUOTE(Len_and_Bren @ Dec 12 2007, 07:02 PM) *
QUOTE(Caladan @ Dec 12 2007, 08:40 AM) *
You're divorcing her. You should notify USCIS. And what happens from here on out is really up to her. She may be able to file under VAWA (it's not a quick or easy process) for her own green card. The social security number is still hers even if you take away the card. And so you know, you probably make her case a little easier for her by stalking her.

I'm very sorry this happened to you.


Wise words Caladan good.gif
To the OP: notify USCIS of divorce. Whatever happens to her is out of your hands now.


Thanks for all the replys... I am going for my uncotested divorce hearing tommorrow. Hopefully I will be able to get an annullment. I guess I will just send a copy to the USCIS and call it quits.

Is it really that easy to file under VAWA. Police report says she had no marks when she claimed I hit her. My lawyer ripped her apart when she went for a restraining order. She didnt even show up for the criminal charge of suposivley hitting her. And the really crazy thing is right after she lost trying to get a restraining order she started calling me again from her battered womens shelter. Told me that they made her do it.

I wanted to walk away then but fealt bad since she didnt have anyone else. thats why once she said she had family in maine I bought her a plane ticket there.

I have to say everyone is right about just being happy it is over and moving on.
eau_xplain
I'm sorry to hear about what you've gone through. I hope that once you have the divorce or annulment completed, you will be able to start your healing process.

We have a VJer who filed under VAWA and it was a very long and arduous process for her. So, no, it's not easy to file under VAWA. She will have to present a lot of hard evidence to prove her case.
zqt3344
You got hosed, sorry hope it is getting better for you. Contact ICE(they are on the web) and call their 800 number give them all your information about the former spouse and they will go after her to deport.
good.gif

QUOTE(dpinternational @ Dec 12 2007, 12:16 AM) *
I brought my Fiancé over here on a K1 Visa and got married in the 90 days. Well after a few weeks of marriage things weren't working out. At that point I offered her money and a plane ticket to go back home because I could not trust her living with me anymore. So at that point things got real bad. she started claiming abuse got me arrested attempted a restraining order. Also had to go to court for criminal charges of hitting her but luckily she didn't show up. She has been in and out of abused women shelters. Supposedly hiding from me. Even though she called me all the time and stupid me even picked her up a few times to see her and take her to my grandparents for Thanksgiving. This all happened in NJ.

She started talking about having family in Maine so I figured it would be best to fly her there for both of us. So I bought her a plane ticket to move in with some family. Then I got word she got kicked out of there and went back to a battered women's shelter claiming I was looking for her. Again calling me from the shelter.

Every time I asked her for an address or something to send her divorce papers she ignored the question or said I need to speak to my lawyer. So finally about a year and a half later I have my uncontested divorce hearing this month since I cant find her.

This girl really tried to screw me time and time again. And it really makes me mad that she is now living in her own apartment probably being paid for from our tax money. From what I know she still isn't legal to work here. So I was thinking that would be the first step to being a citizen. I am not usually spiteful but after all she put me through and all the stories she made up in court I would love for her to have to go back where she came from.

Also am I supposed to notify anyone once the divorce or annulment is final? Wonder if she is still going to be able to stay here since she is claiming abuse. Even though I won at court. Any suggestions I would appreciate it. I hate being a sucker

Kazan' Tiger
I've heard this happen so many times. I even read one story where a woman paid a man to beat her so she could show proof of abuse from her non-abusive husband. Sad and very sick! wacko.gif
Minya's wife
QUOTE(zqt3344 @ Dec 16 2007, 10:06 PM) *
You got hosed, sorry hope it is getting better for you. Contact ICE(they are on the web) and call their 800 number give them all your information about the former spouse and they will go after her to deport.
good.gif

QUOTE(dpinternational @ Dec 12 2007, 12:16 AM) *
I brought my Fiancé over here on a K1 Visa and got married in the 90 days. Well after a few weeks of marriage things weren't working out. At that point I offered her money and a plane ticket to go back home because I could not trust her living with me anymore. So at that point things got real bad. she started claiming abuse got me arrested attempted a restraining order. Also had to go to court for criminal charges of hitting her but luckily she didn't show up. She has been in and out of abused women shelters. Supposedly hiding from me. Even though she called me all the time and stupid me even picked her up a few times to see her and take her to my grandparents for Thanksgiving. This all happened in NJ.

She started talking about having family in Maine so I figured it would be best to fly her there for both of us. So I bought her a plane ticket to move in with some family. Then I got word she got kicked out of there and went back to a battered women's shelter claiming I was looking for her. Again calling me from the shelter.

Every time I asked her for an address or something to send her divorce papers she ignored the question or said I need to speak to my lawyer. So finally about a year and a half later I have my uncontested divorce hearing this month since I cant find her.

This girl really tried to screw me time and time again. And it really makes me mad that she is now living in her own apartment probably being paid for from our tax money. From what I know she still isn't legal to work here. So I was thinking that would be the first step to being a citizen. I am not usually spiteful but after all she put me through and all the stories she made up in court I would love for her to have to go back where she came from.

Also am I supposed to notify anyone once the divorce or annulment is final? Wonder if she is still going to be able to stay here since she is claiming abuse. Even though I won at court. Any suggestions I would appreciate it. I hate being a sucker




No, ICE will not go after her to deport, unless there is proof that immigration fraud was committed, and even then....I'm not sure. IMO Ice has bigger fish to fry then to go after every jilted husband or wife of an immigrant, who because they are hurt and angry want to have their spouse "deported back to where they came from."

I'm sorry for the OP's situation, but given the situation presented....he can call USCIS, and inform them of the divorce...that's it. The system will work it out as to whether the wife can attain residency or not.

-P
simple_male
QUOTE(Len_and_Bren @ Dec 12 2007, 07:02 PM) *
QUOTE(Caladan @ Dec 12 2007, 08:40 AM) *
You're divorcing her. You should notify USCIS. And what happens from here on out is really up to her. She may be able to file under VAWA (it's not a quick or easy process) for her own green card. The social security number is still hers even if you take away the card. And so you know, you probably make her case a little easier for her by stalking her.

I'm very sorry this happened to you.


Wise words Caladan good.gif
To the OP: notify USCIS of divorce. Whatever happens to her is out of your hands now.


Yes, I agree. Do not contact her and do not talk to her when she calls. Whether or not she is going for VAWA is upto her, don't stress yourself with that. Just move on. Explain everything to ICE, USCIS.
idocare
I agree with the other posters, I'm experencing a similiar situation without the violence being that extreme although he did try to get me arrested.

Seems that news of the filing a VAWA and getting a green card that way is what many Aliens are doing. I tell myself all the time that this man never loved or cared about me , He constently lieing on me and trying to ruin my reputation with immigration with his many lies

self he's thinking of.For a person to willingly treat you with disrespect and constantly lie on you they could not have loved you . Sorry to he

My ex was able to get an immigration attorney pro-bona and believe me there are many immigration attorneys willing to take probono cases, but in his case he's connected with the Nigerian community in our area and they probably hooked him up.

It's sad but there are many immigrations laywers even on the net that tells Aliens what to do if they are abrused, and many aliens use those sites for a way to get a green card the perfect recipe so they think.

Please don't try to look for your soon to be ex. Don't u think you been thru enough ? At this point all she'll do is try to collect evidence against u by ruining your reputation more, so not hearing from her should be a good thing for you.
zqt3344
QUOTE(idocare @ Dec 24 2007, 05:38 AM) *
I agree with the other posters, I'm experencing a similiar situation without the violence being that extreme although he did try to get me arrested.

Seems that news of the filing a VAWA and getting a green card that way is what many Aliens are doing. I tell myself all the time that this man never loved or cared about me , He constently lieing on me and trying to ruin my reputation with immigration with his many lies

self he's thinking of.For a person to willingly treat you with disrespect and constantly lie on you they could not have loved you . Sorry to he

My ex was able to get an immigration attorney pro-bona and believe me there are many immigration attorneys willing to take probono cases, but in his case he's connected with the Nigerian community in our area and they probably hooked him up.

It's sad but there are many immigrations laywers even on the net that tells Aliens what to do if they are abrused, and many aliens use those sites for a way to get a green card the perfect recipe so they think.

Please don't try to look for your soon to be ex. Don't u think you been thru enough ? At this point all she'll do is try to collect evidence against u by ruining your reputation more, so not hearing from her should be a good thing for you.


That is so sad and horrible what happened to you. You do not deserve this, I hope ICE finds him and hunts him down and deports him ASAP! This is criminal what he has done and visa fraud, no doubt.
mad.gif
DakotaK1
QUOTE
Sounds like she started the abuse claim so she could adjust status. Just be happy you got away from her. I wouldnt try to find her it may just cause problems for you again. Goodluck and sorry to hear what happen. Sometimes things just dont work and sometimes they do


I agree,I have heard if the foreign wife/husband claims abuse then they can stay and most likly thats what she did.
I myself would not go looking for her,screw that!
One thing I would do is report to the USCIS for frawd or somthing like that.
She seems to of known what she is doing an planned it out very well.
dpinternational
Thanks for all your replys. I did move on. The reason I had to look for her or pay someone to look for her is for the divorce. You have to be able to prove an attempt to get an uncontested divorce.

tito
That is absolutely LOUSY! Shame on people like that. But the reality is...it happens A LOT!!!!

Under immigration laws, you brought her here under a K-1 Visa, and got married within the proper time. Once that happens, the procedure is that you apply to adjust status...based on the marriage. However, there is a process available to immigrants whereby they can apply for permanent resident status under FORM I-360...without the sponsor, without the marriage, without anything dependent upon the process you started...if they claim and can show that they are the battered or abused spouse or child of a USC or lawful permanent resident.

Many times, the immigrants will run to authorities and claim abuse and such. In your case, she filed for a domestic violence restraining order, but FAILED TO APPEAR. So the case should have been dismissed. Without that, without any police reports or anything else, she will NOT have an adequate showing that she is an "abused" or "battered" spouse...so the procedure under I-360 should not be available to her. Just because she went to a woman's shelter should NOT be sufficient to establish that she was battered or abused.

If the green card has NOT been issued, YOU MAY WITHDRAW YOUR AFFIDAVIT OF SUPPORT
tito
Sorry for double post, but I clicked a button and I was unable to edit...so here:

That is absolutely LOUSY! Shame on people like that. But the reality is...it happens A LOT!!!!

Under immigration laws, you brought her here under a K-1 Visa, and got married within the proper time. Once that happens, the procedure is that you apply to adjust status...based on the marriage. However, there is a process available to immigrants whereby they can apply for permanent resident status under FORM I-360...without the sponsor, without the marriage, without anything dependent upon the process you started...if they claim and can show that they are the battered or abused spouse or child of a USC or lawful permanent resident.

Many times, the immigrants will run to authorities and claim abuse and such. In your case, she filed for a domestic violence restraining order, but FAILED TO APPEAR. So the case should have been dismissed. Without that, without any police reports or anything else, she will NOT have an adequate showing that she is an "abused" or "battered" spouse...so the procedure under I-360 should not be available to her. Just because she went to a woman's shelter should NOT be sufficient to establish that she was battered or abused.

If the green card has NOT been issued, YOU MAY WITHDRAW YOUR AFFIDAVIT OF SUPPORT and DISAVOW YOUR AGREEMENT TO ACT AS SPONSOR!! As long as the green card has not been issued, and the application for adjustment of status is still pending. Send the notice to EVERY PLACE that has your application, and ALSO send it to the office where you did the INTERVIEW. That will stop EVERYTHING, and subject her to deportation proceedings...unless she can get someone else on the hook. She might still try to proceed under the I-360, but mention in your letter to immigration that, if there are proceedings under I-360, you DENY any claim that concerns domestic violence, and that you are willing to testify to that effect in the event she applies under that section.

But get the letter out to immigration AS SOON AS POSSIBLE, and pull the plug on the entire process. Send it to EVERY PLACE that has ever touched your file. BE SURE TO INCLUDE her (i) Social Security Number; (ii) her A number; (iii) her full name; (iv) her K-1 visa number; (v) her home passport number; (vi) her CASE number for any pending application... You should have retained copies of your application to adjust status, and all of that information should be included with the supporting documentation...and you should have a notice of action that reflects a case number.

Good luck. I hate to hear about this kind of stuff...after all we do to make this possible, some of these immigrants pull this crap without any empathy whatsoever. They don't even flinch.
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2008 Invision Power Services, Inc.