Abused and i-485 denied please advise!!!

[daynle 0]

I came to the US on a K1 visa through my fiance at the time. When I arrived my fiance was abusive sexually and mentally. Forced me to have sex with him every 2-4 hours. If I refused he would not feed me. I ran away to a battered woman's shelter. They filed a TRO against my fiance. At the shelter I met a friend who introduced me to a nice gentleman. He took me in and we got to know each other more. We married one year later and now have a 7 month child. He is a US citizen. He filed an i-130 petition and an i-485. The i-130 was approved but not the i-485 because of my original k-1 visa. USCIS notified me that I must depart the US within 30 days or else I will face deportation. How should I move forward? Please help. Thank you.

[J&N* 68]

The rules are that you must marry within the 90 days or go back to your country, did you know that? You really should have left cause now you broke a few laws, you got yourself in a messy situation. You need to find a really good lawyer cause

1) You married someone other than your petitioner, so it looks like fraud to the USCIS.

2) You didn't leave the country within the 90 days.

You might get deported and banned. I'm very sorry, get a good lawyer or you, your husband and your child could move to your country.

Best of luck to you.

[belinda63 2,981]

You can only adjust status if you arrived on a K-1 visa through marriage to the original petitioner. Since you did not marry him you should have left the country prior to your I-94 expiring. Since you have overstayed by more than one year when you leave the US you will have a 10 year ban on returning.

The good news is your I-130 was approved so you can leave and continue processing for a CR-1 visa in your home country. When you attend the interview if you pass (as mentioned above there is the issue of the CO considering your marriage being for immigration purposes) your spouse will be given the opportunity to file a hardship waiver for the 10 year ban. I strongly suggest he hire an attorney to do this as he must show hardship on himself that you cannot immigrate to the US and that he cannot move to your country. IF you pass the interview and the waiver is approved you will be permitted to immigrate to the US.

If you do not depart the US prior to the 30 days you will be subject to arrest and deportation which means an I-212 waiver would be required for the deportation as well as the I-601 for the overstay.

[sciencenerd 56]

I don't know anything about it, but you might want to look into VAWA to see if you might qualify under that. It sounds like you have some proof of the abuse. I don't know if your situation would qualify, but it'd be worth looking into because it's probably your only shot to be able to stay here without have to first go back to your home country and apply from there (and deal with the ban). You'll want a lawyer regardless. Good luck.

[milimelo 4,226]

I don't know anything about it, but you might want to look into VAWA to see if you might qualify under that. It sounds like you have some proof of the abuse. I don't know if your situation would qualify, but it'd be worth looking into because it's probably your only shot to be able to stay here without have to first go back to your home country and apply from there (and deal with the ban). You'll want a lawyer regardless. Good luck.

That's out of question as she already married another USC. Her only option is to go to her home country and do visa processing there. Also get a lawyer to help with overstay waiver.

[LIFE'SJOURNEY 970]

That's out of question as she already married another USC. Her only option is to go to her home country and do visa processing there. Also get a lawyer to help with overstay waiver.

This is the ONLY ANSWER to your problem. There is no other way to correct this.

[Used to be broken 143]

I came to the US on a K1 visa through my fiance at the time. When I arrived my fiance was abusive sexually and mentally. Forced me to have sex with him every 2-4 hours. If I refused he would not feed me. I ran away to a battered woman's shelter. They filed a TRO against my fiance. At the shelter I met a friend who introduced me to a nice gentleman. He took me in and we got to know each other more. We married one year later and now have a 7 month child. He is a US citizen. He filed an i-130 petition and an i-485. The i-130 was approved but not the i-485 because of my original k-1 visa. USCIS notified me that I must depart the US within 30 days or else I will face deportation. How should I move forward? Please help. Thank you.

Get attorney, go home and file waiver. Do not get deportation as that will be an additional waiver.

[sciencenerd 56]

That's out of question as she already married another USC. Her only option is to go to her home country and do visa processing there. Also get a lawyer to help with overstay waiver.

Thank you for the info.

[daynle 0]

Thank you all for your help. Is there an option if I hire an immigration lawyer to fight this in the immigration court?

[belinda63 2,981]

Yep, spend lots of money and still be deported.