K-1 Potential Problems

[belinda63 2,981]

Packing up your life to marry someone and spending money on furniture is not considered abuse. Him assaulting her, tossing her on the streets and taking all her money, something along those lines is what is considered abuse. Let me state it another, better way.....Domestic Violence.

[Otto 83]

** Inappropriate remark has been removed - I would remind us all to stick to the topic at hand without the personal insults. (This topic will remain under moderator review for a period of time to ensure compliance.)

Thank you in advance.

[desert_fox 32]

You will never know until you talk to a lawyer for 30 minutes. If making irreversible committments based upon a promis of marriage, the lawyer can tell you in a few minutes.

I would think the guy would be responsible for getting her back home......morally and maybe legally.

[Mrs Green 6]

I really think that VJ should note people who are down right rude and arrogant and when they post a question, simple ignore them--- no responses.

[soulprovider915 4]

Probably calling people idiots isn't going to get you any kind of response your looking for.

If you want a different/better response, then just wait. No need to tell people that they are ignorant idiots..It's not going to change their response to you, so what's the point?

It's because that's what they are. I understand exactly what you are saying and promise that I will try to have more patience next time, but this is about the 5th time I'm getting responses like this. Two years ago it used to be for every 5 quality responses you'd get 1 moron. Now it's terrible. I'm frustrated. Thanks for your kind response.

You will never know until you talk to a lawyer for 30 minutes. If making irreversible committments based upon a promis of marriage, the lawyer can tell you in a few minutes.

I would think the guy would be responsible for getting her back home......morally and maybe legally.

I would agree. Thank You! These are the quality responses I'm looking for.

[soulprovider915 4]

I really think that VJ should note people who are down right rude and arrogant and when they post a question, simple ignore them--- no responses.

When you have the experiences that I've had on here you'd understand. People are becoming extremely critical instead of being helpful on this site. I'm only as rude as the responses I'm getting. Look at my kind responses to the nice people who are looking at the situation instead of attacking me personally.

[soulprovider915 4]

Packing up your life to marry someone and spending money on furniture is not considered abuse. Him assaulting her, tossing her on the streets and taking all her money, something along those lines is what is considered abuse. Let me state it another, better way.....Domestic Violence.

Yes. It was bordering along abandonment and taking the money. This situation is not lost. When people get hot headed many things are said and done. I'm hoping that this will resolve and that it was a bad case of being angry. Thank you again for a great answer.

[soulprovider915 4]

The response is normal because it is correct. You mentioned abuse no where in your original post. I was simple and polite in my answer to your question. If you want a different answer perhaps you should ask a different question.

If I misunderstood your response you have my apologies. I'm just fed up with some of the stuff I had to deal with over the years here. I'm kind of tainted when I read things that can fall either way. I understand your response, but it was the first half about forcing someone to marry a person is an obvious no.

So what is the potential abuse? Cold feet on the USC's part? Did the USC force your aunt to come to the US? Has she sought protection or counselling based on the "abuse"?

I'm not even going to fully respond to this. Stop being sarcastic.

[SirLancelot 1]

My wife's aunt just came here last week and all of the sudden the US petitioner changes. He's on the verge of just abandoning her and her daughter. He said he doesn't know what he wants to do after spending $ to bring her here. She paid about $3,000 for furniture as well. We hope this resolves, but if it doesn't what options would she have. Hire a high power Immigration Attorney?

She has no options that you're alluding to. She has to go home. Nothing in the law compels the US petitioner to marry her. Just as the US petitioner took a risk, so too did your aunt-in-law. She took a risk and it didn't work out. She has to go back home. Nothing you've described so far would be construed as abuse.

Your aunt-in-law can always hire an attorney. That is her choice. But it's doubtful the attorney can prevail for her as there doesn't seem to be genuine abuse in this situation.

[Gary and Alla 3,694]

No Really? I didn't know that. Thanks for telling me this useless information. I'll wait for a more productive response.

That is about as productive a response as you will get. She is here because of a K-1 visa. Absent that she does not enter the country, period. If the person that petitioned her declines to marry her she must leave when her I-94 expires or she is illegally in the US. There is nothing a lawyer can do. That she bought furniture is a personal decision and nothing more. Not a very good one, but there it is.

[Gary and Alla 3,694]

Packing up your life to marry someone and spending money on furniture is not considered abuse. Him assaulting her, tossing her on the streets and taking all her money, something along those lines is what is considered abuse. Let me state it another, better way.....Domestic Violence.

But in order for that to result in her being able to receive a green card without him would require they be married first. They aren't.

In this case, if he physically abuses her, he goes to prison, she goes home. Unless she is married to the petitioner within 90 days she is ineligible to remain regardless of what he did to her. Any money matters are civil in nature. She can sue him.

[Hicham♥Sara 15]

My wife's aunt just came here last week and all of the sudden the US petitioner changes. He's on the verge of just abandoning her and her daughter. He said he doesn't know what he wants to do after spending $$$ to bring her here. She paid about $3,000 for furniture as well. We hope this resolves, but if it doesn't what options would she have. Hire a high power Immigration Attorney?

Sorry for your aunt and that her relationship is failing ;( You said it was just last week she came... could she return the furniture and get her money back? of not maybe she could sell it and get some of the money back? Unfortunately , if she does not marry then her only option is to go home as she would be illegal once the 90 days is up. Then she would lose the potentional to ever come back. It is a sad story, she took a risk and it is leaving her in a bad position.

[newlyweds2010 208]

I don't understand what the problem is and where the doubts are: the K1 beneficiary either marries and adjusts status, or leaves before the I-94 expires.

In order to file under the VAWA there must have been a marriage already, you cannot file as a fiance(e).

[Tahoma 2,291]

I don't understand what the problem is and where the doubts are: the K1 beneficiary either marries and adjusts status, or leaves before the I-94 expires.

In order to file under the VAWA there must have been a marriage already, you cannot file as a fiance(e).

I thought VAWA could only be used if a K-1 couple had already married and filed for AOS. Can it be used before filing for AOS?

Additionally, I-134's are virtually unenforceable.

[TBoneTX 43,425]

My wife's aunt just came here last week and all of the sudden the US petitioner changes. He's on the verge of just abandoning her and her daughter. He said he doesn't know what he wants to do after spending $$$ to bring her here. She paid about $3,000 for furniture as well. We hope this resolves, but if it doesn't what options would she have. Hire a high power Immigration Attorney?

I read the whole thread and then the original post again. Maybe it's more of a personal situation that could be resolved through counseling. Perhaps the petitioner is stressed (this is probably common). Perhaps the immigrant is overbearing and trying to change everything in his house and his life "all at once" (Ecuatorianas can be that way). We can't know this from the original post, but it could well be what's behind the situation.

In that the immigration options are clear as others have posted them, I'd say that several good sit-down discussions with objective family members -- or with a counselor -- would be worth their weight in gold right now. "Hoping that it will resolve" without thorough communication (about feelings, expectations, etc.) bears low odds. The boon of the situation is that most of the 90-day period remains.