I-134 v. I-864

[cjgator 2]

Hey, been a long time everyone, hope everything is going well, stuff's going pretty cool for me & Nata.

I'm trying to answer a recent question from a friend of mine in LA whose marriage to her hubby is going south and has some real problems. She's Moldovan, he's US citizen. She came over on a K3, which means it was the I-129F application and data that was executed. They never did anything with I-130, although both were approved.

He has not filed AOS, which means there has not been an updated I-864 filed. He is telling her he will not adjust her status, they have about 6 mos. before the 2 year K3 expires. She's considering VAWA, she said he has pushed her a couple of times, but has not struck her. I told her I though VAWA might be a longshot if that was all that had happened, but if he's physical, its definitely an option.

The issue I can't give her a decent response to. The affidavit of support. Because she came over on the non-immigrant K3, her affidavit of support that supported her visa was the I-134, not the I-864. I have read on several legal sites that there is case history which finds that the I-134 is not a legally enforceable affidavit of support, but the I-864 is. If this is true, it looks like she would not be able to get support from him if she was allowed to remain in the US through VAWA.

But, as I thought about this, I was reminded: Don't all K-3 sponsors also have to file an I-864 as a support document for the I-130 petition? Does that one become null and void if the couple decides to go the K-3 (I-129F) route instead of the CR-1(I-130) route?

I don't know if anyone has some insight on this, but if you do, I'd appreciate your thoughts. At this point, I'm afraid to tell her anything else right now other than "call an immigration lawyer".

Thanks!

CJ-G

[VanessaTony 3,567]

My first thought is, VAWA is not an option. This is for people who are abused, not as some sort of method to remain the US just because things didn't work out. She's expected to go home if things didn't work out. Secondly they will require evidence of the abuse, police reports, and I believe divorce proceedings. As she was not abused she should remove all thoughts of VAWA from her mind. Things didn't work out, they don't always. That doesn't mean it's fair to her estranged husband to be tarred as a "wife-basher" just for visa purposes.

Edited January 28, 2010 by Vanessa&Tony

[Anh map 2,098]

An experienced attorney is probably her best course of action. I don't see where the I 864 is in play as it was a part of the I-130 petition which wasn't completed.

Without some evidence (police reports) the VAWA may be a challenge.