Got married on a K1 in March, filed for an annulment and husband took off.

[novedsac 355]

Filing legal motions, reporting him to USCIS, etc. are NOT going to be grounds for a VAWA waiver. Protecting one's child from a perverted individual is not going to be grounds for a VAWA waiver. Just isn't going to happen.

SingleDad2usc simply believes that people should have the right to be in this country regardless of the means they employ to make this happen. If the USC is in the way, find a way to use them. The end justifies the means.

Apparently, he also believes that repeatedly exposing oneself to a minor child is acceptable behavior. Wouldn't want him around my kids.

[novedsac 355]

There were parental or modesty preferences, but no sexual repercussions of changing or airing porn (again, that occurs daily/more often in 100,000,000 households here. A 5y.o. doesn't view this in sexual manner).

A modesty preference ? Are you joking ?

It's not like this is the girl's biological father or some man she's known for a length of time. For all intents and purposes he is still hardly more than a stranger.

If she were fondled in an inappropriate way, I suppose you'd argue that it was okay because she's too young to view it in a sexual nature.

Clearly not anywhere in the realm of normal parental thinking.

Holy Cow!

[SingleDad2usc 71]

so to repeat: I didn't say OP won't get the order granted based on the incident with daughter. In fact I said she would. Also, I explained to OP what the others didn't want to explain to OP: that if he's put under greater stress than just that one claim - then he's likely to get legal help, and that could lead to his VAWA filing, because he'd be engaged with tons of legal advice. Thus, OP's stated goal - to get him out of the country asap - would be jeopardized. In repeating all this over the numerous objections - I am in fact trying to NOT give him a chance to get stuck in the US. So all of you seem to miss the point.

But beyond that: why emphasize negative in life. There is so much love and achievement, and useful positive engagement everywhere you go. Why drum up problems. Be well everyone

[novedsac 355]

I'm curious about something. The OP stated that she was in the process of obtaining an annulment. An annulment make's it so that the marriage never existed in the first place, correct? So if that gets approved, which is the OP is confident about, then does not make her ex-spouse ineligible for VAWA? From my understanding in this situation, he would only be able to as a spouse or ex spouse, but the annulment would make it so that he was never a spouse nor an ex-spouse in the first place, thus he would not be able to use this route. So does that not make the whole VAWA discussion on this pointless? A quick google search got me this, however I do not know how reliable it is, but I believe it states the same in the first paragraph: http://sji.gov/PDF/Battered_Spouse.pdf

It is an interesting element.

Not every marriage can be annulled and it is a very difficult option in some states. However, an annulled marriage is a marriage that never took place, never happened. Therefore, I would expect that it removes an essential element serving as basis for filing a VAWA. It should also put the K1 beneficiary in a state of not having met the conditions of their K1 visa.

But until a precedence is set in court, it is merely an academic exercise.

[PantomimeGoose 59]

It bears with saying, but in some states it is illegal to record a person without their consent, while other states have one party consent laws. Look into this for your state, OP. Good luck.

[Ontarkie 13,918]

~~As the OP received the answer to her question and how this thread has turned ugly it will remain locked. Later if the OP would like to update members she may start another thread~~

Edited April 24, 2014 by Ontarkie