Hi VJers,

A K1 visa friend of mine just got married to her fiance there in the states and about to apply AOS. But her now husband, is undergoing a criminal trial for sexual abuse to his daughter. My friend knows about it prior to marriage and she said she knows her husband is not guilty and the ex-wife just wants revenge and that she knows how much his husband loves his daughter and would never do what he is accused of.

Questions are..

1)What if the husband still goes to jail? What happens to her if he gets into jail prior to an AOS interview?
2) WOuld this affect her application even if she says shes staying with him no matter what? (She said she still wants to be with her husband whether guilty or not)

I already told her about getting immigration lawyer but they cant afford one just yet. So we are hoping that we can get some asnwers here.

Thanks!

WHAT???? If he goes to jail? WOW I would not even think about marrying someone who had this accusation. Whether known or not before the visa. Wasn't Ted Bundy one of the nicest people to live next too??

I would be SUPER SUPER careful.........................................

Yes I agree, Ted Bundy was such a nice man how could he have chopped up all those people? This to me is a red flag.
Not sure what others may think but personally I would RUN Not walk from this siuation. How clear was this man before the K1? And if he is innocent ( yes innocent people go to jail ) it should come out in the trial. However she needs to realize that if he is convivted he will be a registered sex offender and will have this title the rest of his days...........

This is an immigration question so let's stick to the subject. If he's in jail and cannot attend the interview, that could be pretty sticky. It would be better if the AOS was completed while he's still available. If not employed, then a co-sponsor is going to be needed along with a good reason to think the sponsor would come through if needed. Often actual encarceration can be delayed but I'd get the AOS filed right away.

To be falsely accused, to be falsely judged is a difficult thing.

It happened to me by a mean vicious woman. The children went through hell as a direct result of her accusations. By the grace of God, the video of the children's interviews with the psychologists was accidently introduced as evidence into the trial. I got the opportunity to see the video. It was a humbling experience seeing in the interview a 5 year child defending a grown man and vigorously denying that anything untoward had happened to him. His words are forever branded in my brain: "my daddy would never hurt me."

Money can't buy back the lost time, remove the trauma from the children, erase the embarassment/shame of having the police come to serve you in front of your co-workers.

Yeah, its a very sticky situation for her. My initial reaction is the same reactions confsed and NArock felt. But I understood her when she said she cant judge him just like that. He's still innocent until proven guilty. Plus, they went to a civil court already and he was proven innocent but the ex-wife really wants to put him to jail and pushed it to criminal court. My friend showed me daughter's many drawings and it shows how much the kid loves the dad. I didnt see any indication of abuse. Also, my friend met the daughter before and would talk to her weekly and she said she didnt find any indication as well. Oh well, lets just leave it to the court to judge him.

Thanks pushbrk for the immigration opinion. Will give the info as soon as I talk to her.

My friend had checked him out even prior to their K1, he didnt have any criminal record.

Let hope those people who are advocating running away from him are never falsely accused. Or God forbid, their spouses are never falsely accused.

In my opinion, as long as they got a co-sponsor, AOS should not be affected.
Obviously, it's not the kind of thing one would want to disclose to the USCIS, but they can't very well demand his presence at an interview if he can't be there in person and one has proof of this.

Even if the accusation is false, that is quite a snake pit to jump into if the ex is really that insane.

I guess he will be needed at interview. I would talk to a lawyer. First consultations are free usually.