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K1 Visa Married but did not work out now claiming abuse

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Filed: K-1 Visa Country: Russia
Timeline

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:

Jeffery AND Alla.

0 kilometers physically separates us!

K-1 Visa Granted... Wednesday, 21 May 2008

Alla ARRIVED to America... Wednesday, 12 November 2008

russia_a.gif Алла и Джеффри USA_a.gif

AllaAndJeffery.PNG

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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.

:thumbs:

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

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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 :thumbs:

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.

I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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Filed: Country: Nigeria
Timeline

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.

idocare

NSC, NOA1 September 26th,03

received NOA1 in mail Oct. 03,03

RFE - received in mail March 29th,04

RFE returned April 17th,04

RFE received April 21,04 at NSC online

NOA2 received April 29th,04 via online

NOA2 received May 03,04 in mail

NVC receives file May 6th,04

NVC sends file to Nigeria May 11th,04

Lagos receives our file, notified thru e-mail May 19th,04

Victor goes and picks up packet #3....May 20th,04

Sent request for earlier interview date via e-mail May 20th,04

May 27th, Lagos won't change date.

August 16th, 2004 fly to Nigeria for Victors interview

August 19th, 2004 Interview date, visa approved.

August 25th, 2004 Victor picks up passport with visa stamp.

August 26th, 2004 fly back to USA

September 18th, 2004 Victor arrives in USA, Lord willing.

October 9th, 2004, we become husband and wife

October 25th, 2004 I learn that I'm pregnant.

Feburary 25th, 2005 AOS Appointment

( went to appt. and requested a reschedule)

June 7th, 05 gave birth to a boy child.

July 5th, 05 Victor packs he suitcase and leaves for good.

July 2005 2nd AOS appointment

( went and requested a reschedule )

August 2005- I file for divorce. and withdraw immigration paperwork.

Washington State/ Nigeria

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Filed: K-1 Visa Country: Ukraine
Timeline
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. :angry:

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Filed: AOS (pnd) Country: Germany
Timeline
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.

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Filed: K-1 Visa Country: Djibouti
Timeline

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.

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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

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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 ####### without any empathy whatsoever. They don't even flinch.

Edited by tito
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  • 10 years later...
Filed: Timeline
On 12/11/2007 at 8:16 PM, dpinternational said:

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

6

Holy cow! sounds exactly like my story. I am going through this now!!! It's ridiculous, the amount of money, time, effort I put into sponsoring her etc. She has an abusive nature. She's also now claiming I am harming her daughter who I need to drive her to school everyday.... It seems like she is completely blind to all the stuff I am doing for them!! I understand that sometimes a US citizen may bring a spouse into this country and be cause for some abuse etc. But what is being lost here is the other side of things (ever see that "90 day Fiance" program on TV (not sure of the exact title) where the SPONSOR is being blackmailed, threatened, intimidated...I'd love to meet others in my situation for at least moral support....

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Filed: Citizen (apr) Country: Canada
Timeline

~~Zombie thread now locked. Please check the date on threads before posting in them. This one is 11 yrs old and the OP hasn't been back on in 10 yrs~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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