K1 divorce before AOS adjudicated affidavit of support abuse

[JenniferNangel 137]

Loved it...made me laugh out loud. Some people just don't have a sense of humor/sarcasm.

Thanks and Aloha. I am also married to a beautiful Filipina. God Bless the Philippines! david

Sorry I don't have a sense of humor when it comes to anybody making a joke out of dv but I'm also one of the lucky ones that survived a domestic violence relationship in the past so excuse the **** outta me

[TBoneTX 43,175]

Folks, let's stick with giving objective advice to the OP, and cut out the judgment.

Edited October 29, 2016 by TBoneTX

[caliliving 606]

Their are laws and rules in place though immigration. Unfortunately, she is out of status. He has all the control until she gets her Greencard. Yes he abuses her but USCIS will tell her to go back to her country. Why is that hard? Why is that bad? Well unfortunately, she wants to stay and has a taste of the American dream

When you come on a k1 only the person that brings u here on a k1 can petition for the Greencard...period. think about fhat. I am a firm believer cr1 is a much better visa for these reasons. Her Greencard is obviously held over her head and he is abusive but guess whay? In USCIS point of view she has no status to stay here without him and would have to leave.

No one knows who they want to marry before they get here. Personally, I would always do cr1 over k1. Because many people change and abuse and control occur when your only chance to stay here is them.

He wont kill her. He loves her and is scared once she gets her Greencard she will leave...I have seen this alot!

[Taaz 6]

​Every day in America three women are killed daily by their significant other or ex. In most states it is now a crime if you commit physical or sexual violence in the presence of children. Another thing you as a man and since you are both adults quit making excuses and consider is what if next time he attacks her in the presence of the children and one of them tries to stop the abuse and gets hurt!!! Grow the F up!!! Even if he divorces he can't pull is I-864 until after she has worked 10 years or becomes a US citizen. That's what I read when I signed my affidavit of support! I am a victim of domestic violence so I know the potential emotions, turmoil, and fear that entails. For the sake of those children even if she doesn't know them well. Tell her to leave not just for her safety but for theirs and what they could be exposed to as well. There are shelters major cities and even small ones. Courts can get restraining orders and temporary financial support from him in spite of what he threatens.

​My friend Phoebe Dizon from Seattle, Washington supported a young immigrant Filipina (no not all are this way just this case) while she went to court divorcing her husband he to had been abusive. This young lady got married but had a boyfriend too and ended up pregnant by the boyfriend. At this particular court appearance Phoebe and another friend when to help this young lady. While sitting waiting in court the American husband came up and killed his wife, the baby boy she was pregnant with, Phoebe, and this other woman. You can google it. True story

[caliliving 606]

SO basically you are asking for your girlfriend?

Her options are to leave if he pulls the affidavit and if the children are theirs in common she may not be able to take out of the country.

Lastly I would find out if this story is true since she is telling (YOU) a potential suitor

[MacUK 983]

When I first met my ex she told me dozens of stories about her ex-husband abusing her.

It was only much later that I realised that it was actually her that was the abusive part of the marriage.

I personally don't buy the story that she won't report the abuse because she doesn't want him to lose custody of kids. If he's truly as dangerous as she makes out then those kids don't need to be in that dangerous situation either.

OP, ask yourself one question.

Are you considering marriage because you love her, or just to get her out of a difficult situation?

[bdawn 66]

There is no way to independently verify this story as the truth. All we can do is speculate assuming the poster is telling the truth. But it could also be an entirely different story. For example, the woman in question might have met with the poster and fell in love, doesn’t want to be with the original petitioner anymore, seeks how she could still live here with his new love after divorcing the original petitioner; one of the ways she can think about is to pull out the “abuse” card but then a second thought of additional “lies” to have an innocent man lose custody of his children is somewhat hitting on her already ‘guilty’ conscience for using him to get here, and now doesn’t really want to call the cops to report the supposed abuse which may not be true. For someone to get here in May and pull this out with a new “friend” ready to turn a “husband” raises some doubts. The green card “wheezy” – getting green card by any means necessary – has hurt a lot of Americans too. I have a friend who had been a victim of this “abuse” accusation when it was actually the woman who was abusing him, so I take these things with a grain of salt. Yes, there are real abuses, but unfortunately, none of us can independently verify how authentic some of these things are. I wish we could have the man’s side of the story. It’s good to stick to the poster’s claim and offer advice, but sometimes we need to be a little analytic so we don’t end up helping someone trying to beat the system.

[EM_Vandaveer 2,370]

Unless she has AP, leaving will cancel the AOS in progress. Unless she registered the marriage in her home country, she is still unmarried in her home country's eyes. If she divorces in the US, she can do a K1 or marry and do a CR1. The new application would be heavily scrutinized.

[complex01 1]

Thanks for the information everyone. I know it's hard to judge context based on text, and it's hard to understand intent. My concern is her first and foremost. The fact I have feelings I may pursue if she ever is divorced is irrelevant if she's dead, and I don't want to mess her head up anymore than I'm sure it already is by proposing anything using me as petitioner unless it was a last resort and possibility to do, since she seems to care about being a citizen more than her own life. I continue to tell her to go to the police and I've been documenting everything on my side. If she flatly refuses all other options, I'm intending to go myself within the next few weeks and have a chat with the authorities. Even if she hates me for it later, I think I have to.

2 additional questions:

1) even if she gets her conditional card and then divorces him, isn't she going to have trouble at the removal of conditions interview in 2 years, even with a divorce waiver? Since from my research it seems USCIS bases removal of conditions from a k1 on the last 2 years of marriage, and if there isn't much life there to prove, it's not gona look good. Hardship waiver might be possible(?).

2) Would sesay or choin apply here? She married him well within the 90 days - even if the marriage is young, doesn't she qualify to adjust her own status based on these 2 cases?

[Hanane S 4]

Whether the story is true or fabricated.. there is reality in it... and the story that Taaz posted is a true story.. And a good example .... and the poster , when posting this story.. his intentions were good .. but he s been misunderstood...

[2far 185]

since she seems to care about being a citizen more than her own life.

This is a very telling statement and one that you should keep in mind when dealing with her and contemplating a future with her.

[Roel 7,191]

Reading this topic made me seriously go "#######".

Ok, OP, let's assume this whole story is real.

If your friend is the kind of person who value the "green card" more than she value her health and life ... then well, there is something wrong with her. Very desperate kind. Never a good thing.

The solution is so simple and yet you both are trying to find loopholes in the system or whatever.

Step 1 - she divorces and get back to her country.

Step 2 - you either file K1 or go to her country and marry her and file CR1

Step 3 - she can come back to the US and get her AMERICAN DREAM. (which is crave more than her safety, apparently)

Yes, it will look suspicious if she file for divorce as soon as she gets her green card.

Yes, it looks super suspicious that she doesn't want to report her abusive husband.

Good luck with this whole fishy situation.

edit: woops ,sorry! Didnt notice this is from October, lol.

Edited December 11, 2016 by Roel