Can a K1 fiance get VAWA without marrying? (Merged)

[tigerkhan 11]

My ex fiance filed false domestic violence charges on me when she realized I was not going to marry her shortly before her visa expired. We did not marry and I was not arrested because she called when I was at work. I did not marry her because she has drinking problem I was not aware of and she ended up getting naked drunk at the palms hotel here in Vegas in some strangers room....

Is she capable of getting AOS or some other status visa to stay in the country?

[N-o-l-a 7,168]

She can only file a VAWA and adjust status based on a marriage to you, the original petitioner. You didn't get married, so she is out of luck.

I'm not familiar enough with the other types of exceptions, maybe something as a victim/witness of/to a crime? I think that would really be stretching it.

[tigerkhan 11]

I also retracted her visa shortly after the incident from the CIS office.... So I'm assuming that means she is in the country with no visa status now

[Ontarkie 14,275]

~~Moved to Effects of Major Family Changes, from K1 P&P - As similar topics are often discussed here~~

[Boiler 45,658]

Maybe a U Visa?

But more likely she was going for VAWA and got confused.

[Sandra G. 5,051]

She can't file VAWA because She didn't get married. She does not qualify to file U visa,because in order to have a U visa approved she must submit a CERTIFICATION signed by the police or prosecutor stating she was a victim or witness of a substantial crime and helped Law enforcement with the case .

[Caryh 5,206]

I also retracted her visa shortly after the incident from the CIS office.... So I'm assuming that means she is in the country with no visa status now

You cannot retract a visa she already used. The visa was already done and over with when she entered. She did have an I-94 which gave her 90 days authorized stay in the country. You also cannot retract that. So I don't know what you thought you did, but you certainly had no power to have her visa cancelled.

As SandraJ said, she has no options to stay in the country legally.

[Hotter Otter 1,211]

You did the right thing not going through with the wedding as no AOS or fake VAWA claim to worry about.

Question for the seasoned VJ vets in this thread: now that the lady in question is no longer in the country legally will the immigration authorities actively look for her or do they not have the resources to persue individual cases? I suspect the latter but not something that I've read about and I'm curious!

[TBoneTX 45,498]

The OP might set an InfoPass appointment and request to meet with the USCIS FDNS officer, bringing to that appointment all objective documentation available.

[Caryh 5,206]

You did the right thing not going through with the wedding as no AOS or fake VAWA claim to worry about.

Question for the seasoned VJ vets in this thread: now that the lady in question is no longer in the country legally will the immigration authorities actively look for her or do they not have the resources to persue individual cases? I suspect the latter but not something that I've read about and I'm curious!

No they do not go chasing them down. As long as she keeps her nose clean and her head down, she can live here illegally for years.

[LA NEGRA 19]

No they do not go chasing them down. As long as she keeps her nose clean and her head down, she can live here illegally for years.

That is sad....

[Caryh 5,206]

That is sad....

There's over 10 million illegal aliens in the USA, some estimates actually say its 40 million. If they did nothing but chase down those that over stayed it would take over 50 years to get them all, if no new ones illegally stayed. Congress is not willing to give enough money to actually handle the problem.

[Boiler 45,658]

She would wait for the next amnesty.

[James & Tara 0]

She would wait for the next amnesty.

ha!

[Marco&Bettina 502]

She would wait for the next amnesty.

Likely will as she's attempting to use VAWA to stay here like she used the OP to get here.