Fiancee is here in the US, but the table has turned

[westernboi 0]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Edited September 19, 2009 by westernboi

[raymaga 25]

In order for her or her father to claim abuse by you, there would need to be proof, such as police reports, witness statements, etc. So, if she doesn't have that, her case of abuse will not hold any merit.

She will not be able to stay in the U.S. if she does not marry the U.S. citizen for which she received the K-1 visa (at least not legally).

Sorry to hear that your relationship did not work out, especially since you two have a child together.

Good luck.

[john & jean 37]

without proofs, police reports, etc. she will have a very hard time. being that she is from a high fraud country, is going to add to her difficulties.......

[Stephen + Elisha 92]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Someone else will surely correct me if I'm mistaken, but I don't believe someone can adjust status from K-1 fiancee to LPR based on a claim under the Violence Against Women Act (VAWA). I believe the law only applies to spouses of US citizens. K-1 is a nonimmigrant status. Adjustment of status to LPR is predicated upon marriage to the US citizen petitioner within 90 days of entry. If she claims to be "abused," her relief under K-1 status is to return to her country without marrying you.

[Otto 83]

If she doesn't marry you within the 90 days - she's is essentially on her own (if you so choose) to obtain her permanent residency status - someone (apparently other than you) would have to petition for her. (That's about it as far as her obtaining a PR-status.)

You could (if you so choose) notify USCIS, with a brief letter of explanation, that the beneficiary has left and is on her own.

[westernboi 0]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

Someone else will surely correct me if I'm mistaken, but I don't believe someone can adjust status from K-1 fiancee to LPR based on a claim under the Violence Against Women Act (VAWA). I believe the law only applies to spouses of US citizens. K-1 is a nonimmigrant status. Adjustment of status to LPR is predicated upon marriage to the US citizen petitioner within 90 days of entry. If she claims to be "abused," her relief under K-1 status is to return to her country without marrying you.

i think you are correct, can someone else please verify this?

[westernboi 0]

If she doesn't marry you within the 90 days - she's is essentially on her own (if you so choose) to obtain her permanent residency status - someone (apparently other than you) would have to petition for her. (That's about it as far as her obtaining a PR-status.)

You could (if you so choose) notify USCIS, with a brief letter of explanation, that the beneficiary has left and is on her own.

i don't think anyone else can petition for her besides me

[Y's_habibitk 2]

Im sorry

I just wanted to add that you should make sure you are NEVER alone with her if they are planning on claiming abuse. Even if their attempt to adjust based on VAWA fails, you dont need any false police reports and the drama of having to face that with your child.

Make sure you start documenting each time you speak with her when she referrences this "plan", that way its written down and you wont forget if asked months down the road.

be careful and mostly..im sorry you and your child are going through this.

[Stephen + Elisha 92]

Im sorry

I just wanted to add that you should make sure you are NEVER alone with her if they are planning on claiming abuse. Even if their attempt to adjust based on VAWA fails, you dont need any false police reports and the drama of having to face that with your child.

Make sure you start documenting each time you speak with her when she referrences this "plan", that way its written down and you wont forget if asked months down the road.

be careful and mostly..im sorry you and your child are going through this.

This is excellent advice.

Also—and I hope it goes without saying—don't even THINK about marrying her at this point! She (or her uncle, anyway) has already expressed intent to commit immigration fraud. Marrying her would give her a basis to adjust under VAWA. Don't fall for tearful apologies and pleas to take her back. These will probably come shortly after they figure out that she has to marry before she can adjust based on a (fraudulent) abuse claim.

[Gary and Alla 3,694]

Hello,

My fiancee just got here on a visa that expires in 90 days. It clearly states that she has to marry me within the 90 days or she has to go back home. We have a baby together, but she decided to leave us. She left with her uncle thinking she can become a permanent residence without me. Her uncle told me he'll hire a laywer to do the paper work for her to stay here as a permanent residence without me at all. I then asked him how is that possible sir? He said he can tell the laywer i abused h or threw her out of the house, therefore she has the right to report this and get permanent residency. I can't believed they would make up such a lie for her to stay. Is it true that she can stay in the US as a permanent without me? I thought she has to marry me within 90 days or she has to leave the US?? i am thinking to hired a lawyer but first i need your help

There is a provision for abused women to stay BUT they have to do more than say "he abused me". All I can say is "good luck with that"

At any rate, it is not your responsibility to remove her from the country,a nd there is littel you can do to make sure she is removed, and I would say it is pretty clear she doesn't want to marry you. I would report this to USCIS and leave it at that. She is now the responsibility of ICE. I would make sure you document that this happened and you reported it to the proper people just so there is no future accusations that you were human trafficking or something, but you have no responsibility to enforce immigration laws.

[Gary and Alla 3,694]

Im sorry

I just wanted to add that you should make sure you are NEVER alone with her if they are planning on claiming abuse. Even if their attempt to adjust based on VAWA fails, you dont need any false police reports and the drama of having to face that with your child.

Make sure you start documenting each time you speak with her when she referrences this "plan", that way its written down and you wont forget if asked months down the road.

be careful and mostly..im sorry you and your child are going through this.

Yes, given what she has indicated, I would avoid ANY contact with this person at all. NONE. Report it to the authorities and NOTHING else. People like this are a threat to your future, do not give them ANY information about you and give them no ammunition to use against you. Remember...

Anything you say can and will be twisted, distorted, taken out of context and then used against you in a court of law. Say nothing, do nothing.

[DARUMA07 25]

I don't have any advice, but I would like to say I am sorry for what you and the child are going through. This is why immigrating to the U.S. is getting harder and harder. Shame on her!!!! Good luck to you!

[Kathryn41 3,205]

I am so sorry this has happened to you! Please follow the good advice already given here: protect yourself from any false claims of violence, document what has already happened, and do send a report to USCIS advising them of what has happened and be sure to include her Uncle's role in this situation - he also appears to be guilty of perpetrating immigration fraud along with your fiancee. Good luck to you.

[katraska78 6]

Im sorry

I just wanted to add that you should make sure you are NEVER alone with her if they are planning on claiming abuse. Even if their attempt to adjust based on VAWA fails, you dont need any false police reports and the drama of having to face that with your child.

Make sure you start documenting each time you speak with her when she referrences this "plan", that way its written down and you wont forget if asked months down the road.

be careful and mostly..im sorry you and your child are going through this.

This is excellent advice.

Also—and I hope it goes without saying—don't even THINK about marrying her at this point! She (or her uncle, anyway) has already expressed intent to commit immigration fraud. Marrying her would give her a basis to adjust under VAWA. Don't fall for tearful apologies and pleas to take her back. These will probably come shortly after they figure out that she has to marry before she can adjust based on a (fraudulent) abuse claim.

I would add to this start thinking about gaining custody of your child, for the way she acts, your baby is not safe with her.

God Bless and sorry to hear you are going through such rough path.

Kata.

[MouadsWife 161]

Im sorry

I just wanted to add that you should make sure you are NEVER alone with her if they are planning on claiming abuse. Even if their attempt to adjust based on VAWA fails, you dont need any false police reports and the drama of having to face that with your child.

Make sure you start documenting each time you speak with her when she referrences this "plan", that way its written down and you wont forget if asked months down the road.

be careful and mostly..im sorry you and your child are going through this.

What would be better than even that is invest in a small digital recorder and record everything she says. Then she has not hope in H E Double hockey sticks.

Edited September 19, 2009 by MouadsWife