Need VAWA help: A girl in abusive marriage, K1 visa status expired

[S Mehdi 5]

On your second note you said that her in-laws filed, and if she came on a K-1, then her "fiance"/Guyshewassupposetomarry was the one who filed. Who did the paperwork on her end over in Pakistan? The police report, the writing and signing of the letter of intent stating she was single, legally able to marry, and will marry the guy who petitioned for her within 90 days of coming into the country? She went and did medical.

There's a lot of things she did on her own and she talked to the CO's who explained the visa, even at POE the CBP officer usually explains the purpose of the visa. It seems very strange that she knows so little about a process she was pretty involved in, especially in the later stages.

With that said, her story sounds odd for a K-1. Either your not understanding something or she's not saying everything or she literally is that oblivious, but either way, without her marrying her fiance that she promised to marry she has no route to the US and should leave/will be told to leave at some point. Even with VAWA she would have had to have married him, which she didn't. She has no path to stay in the US, regardless of her situation in Pakistan, USCIS doesn't really care.

Technically you could just call the cops and say you know a woman is being held against her will once you find her location, but then you would have to hope your friend cooperated with the cops to get her out of there and from what you say she probably wouldn't. But either way, it will all end in her going back to Pakistan.

I see. I only have information in bits and pieces for now, but this is helpful.

[IcezMan_IcezLady 582]

I doubt your friend will be able to stay here for any reason. Even people who are at risk of persecution back in their home country are sent back because they broke the law.

"The law of clean hands", she did the wrong thing and expecting the law to be on your side after disregarding it does not work.

It may sound harsh but any good immigration law will tell you the same thing.

She swore at the embassy before her interview began, to tell nothing but the truth. No one forced her at the embassy to lie.

She can't put that blame on anybody.

But in the meantime, i hope she can get help at a shelter.

[Kastrs 723]

Yes, I know the city and I know shelters there too. Problem is, she can't leave on her own so we are trying to find a way to intervene on her behalf. Abusive families literally keep the victim imprisoned. I've seen cases where the mother-in-law would even force the victim to ask permission to use the restroom and keep the restroom door open and stand outside to make sure the victim is unable to use a phone or anything. It's not like she can just walk out of there.

Current status: she's basically their slave labor for now until they decide to ship her back to Pakistan and drop her to the airport.

I was not trying to imply that she could "just walk out of there" more I was thinking maybe I know a resource to help her

[Ben&Zian 4,397]

I see. I only have information in bits and pieces for now, but this is helpful.

Exactly. As was stated for the K-1 the beneficiary, that's her in this case, has a fairly hands on part in the process...so at some point she had to have known..

Also you said she was told you she has married the USC in Pakistan before coming here... did she?

Again, if she did marry him in Pakistan then proceeded with the K-1 she could be deported just for that misrepresentation because she should never have received that type of visa.

If she did not marry the USC(or it is not 'valid' marriage), then again she also has no real route into staying in the US because she an the USC failed to follow through on marrying within the 90 days, or at all so far.. only through the marriage could she really use the VAWA as a way to stay.

[Sandra G. 5,014]

If she got married she can apply for VAWA, if she didn't get married then she can apply for U visa, if she is being abused. The cops must be involved to get the U visa.I sent you a private message.

Edited December 27, 2016 by sandranj

[KierenHby 897]

Her US stay is likely to be short, regardless of her current situation. Being already married and subsequently going for the K1 process is willful immigration fraud. She lied her way through the entire K-visa process, prior to all the bad stuff happening to her in the US.

If she traveled all the way from Pakistan to the US, was interviewed while exiting pakistan (which takes effort) AND interviewed by CBP upon entry to the US, and uses Facebook, there is no way she doesn't know the address she's at.

Your best bet is to call the cops if she's being abused, and let the legal process take over.

[Avery Cates 1,141]

Sounds to me like she takes the provided flight back to Pakistan and all is right in the world.

I also think we have a grossly incomplete story.

Edited December 28, 2016 by Avery Cates

[Caroline987 1]

Incomplete. You don't go through an interview without knowing what's going on. Get help for the abuse, but she shouldn't even be in the US.

[NikLR 13,220]

Does she even know if its a k1 visa or a cr1?

[Caroline987 1]

Sounds like a K1 from what the friend says.

[Boiler 43,401]

She would have had to be schooled to get through a K1 when married.

Big time.

[dawning 212]

She would have had to be schooled to get through a K1 when married.

Big time.

I find this conclusion a little surprising. When my husband had his cr-1 interview, he said they didn't really ask him any questions, it seemed they had already decided to approve the visa ahead of time. I would imagine a k-1 could go the same way? Although probably they are stricter in Pakistan.

It also seems to me that if the description of her situation is close to accurate, she could be considered a victim of human trafficking, and I am surprised to hear that there is no legal protection available for someone who was brought to the country under false pretenses, and then severely abused, regardless of whether she understood that she was participating in fraud. It sounds (again, if her story is true) that she didn't have a lot of choice in either the marriage or the immigration even when she was in her home country. I am also surprised by the number of people saying that she SHOULD be deported, regardless of the circumstance she might face in her home country. Perhaps they just don't believe that severe abuse and human trafficking really exist?

Please note, I am not claiming to be an expert. I am only posing the questions above in an attempt to learn more about the legal implications of the situation.

[cx711s 2]

Hi, you should try http://www.thehotline.org/.

I've once tried to help out a domestic violence victim (she was also an immigrant, didn't know her phone number, basically forced to live in a garage) through this national hotline and they were greatly helpful, providing lots of legal resources. I've talked to them via live chat but you could call them if you prefer.

[geowrian 22,335]

It also seems to me that if the description of her situation is close to accurate, she could be considered a victim of human trafficking, and I am surprised to hear that there is no legal protection available for someone who was brought to the country under false pretenses, and then severely abused, regardless of whether she understood that she was participating in fraud. It sounds (again, if her story is true) that she didn't have a lot of choice in either the marriage or the immigration even when she was in her home country. I am also surprised by the number of people saying that she SHOULD be deported, regardless of the circumstance she might face in her home country. Perhaps they just don't believe that severe abuse and human trafficking really exist?

I concur. That said, I'm not aware of the legal implications of human trafficking. I think that's an issue beyond what a DIY forum can properly address other than she needs to seek out a shelter and good legal counsel as a first step.

Some things about the story sound a little...off or incomplete. I think that's part of the source of skepticism. If true, it's definitely one of the more severe cases I could find here on VJ. Nobody wants to believe that it's as straightforward awful as it has been explained...that there's something else going on. Maybe there is and maybe there isn't. Either way, I think guessing at it isn't doing anybody any good. What's important is that she is directed to where to get help if it's true.

I think a bunch of the comments are more along the lines that they believe she WILL be deported, not that she should be deported. Not all of them...and I'll save my opinion on that subject as I can't bring what I want to say out and stay civil. But anyway, deportation is potentially a death sentence here, so I really hope there is another option.

[L0bster00 41]

I am sorry but i feel this story is flawed. In my honest Opinion, USC specially from Asian countries are usually very skeptical in sponsoring some one from those part of the world. Honestly, think about that gentleman went all the way and filed K-1- which is itself 7-8 months process and then brought her here to just beat her up ? and get himself into domestic violence issues. Seems kind of difficult to swallow. U visa is very difficult to get and since she is on K-1 She cannot change her visa status to F-1. Her best bet is to secure her religious divorce on piece of paper and go back.