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MikeandThea

K-1/K-2 Multi file waiver and VAWA

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Hi,

I brought a Filipina to USA on a K-1 in 2008. She divorced me after 3.5 years due to hypergamy. In 2016, I met another Filipina whom I thought I knew very well and brought her to USA on a 2nd K-1 but she refused to consummate the marriage, claiming medical reasons but a physician, gynecologist and a psychological counselor said they could find no reason for a lack of libido. a, then the day after she received her work permit, she suddenly left after starting an argument with me. My own investigation revealed she had several men lined up that I knew nothing about. Phone records revealed she had been to the Police and then a women's shelter where I assume she was given a list of 'abuses' to use for a VAWA (Violence Against Women Act) waiver so she can get her GC without needing me. I immediately withdrew her I-864 and received notice from USCIS of same.

 

She has been gone 14 months and has not contacted me and refuses to reply to emails. I started divorce proceedings which will be final in a few weeks. Last month, a Filipina friend of mine I know and trust introduced me to her sister who is in the Philippines and I contacted her and will go see her in 2019. She seems to be a match for me. If she is, and we decide to marry on a K2 visa (she has a 7 y/o son), I will have to apply for a I-129 multiple visa waiver. 

 

However, I feel certain my about-to-be-ex-wife has filed a VAWA waiver claiming abuse, so will USCIS deny me because of that? This statement is made by USCIS in reference:  "If you have committed a violent offense against a person or persons, the USCIS may not grant such a waiver unless you can demonstrate that extraordinary circumstances exist."

I would assume they mean that if I was convicted of a violent crime, then this would apply but a VAWA waiver is done in secret without due process to the man, so even if they accept her story, I will have no record of being 'convicted' in a VAWA court but USCIS will. Also, the VAWA court defines abuse as emotional as well as physical so all she has to do is say I hurt her feelings, got angry and didn't buy her a new car or any number of things they call abuse but none of it is violence per se. 

 

Anyone have any information on this? If it looks like I will be denied due to a VAWA 'conviction', I won't even go meet this girl but it is a shame because she may be 'the one' for me. Please hold back your opinion about knowing a woman before I marry her. I'm 1/2 Filipino and I know nothing is guaranteed. 

Thanks,

Mike

 

 

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Given your history, maybe look closer to home for the one, so you can spend a ton of quality time together every day before getting married? It seems you do not really know these people.

 

if there is a vawa claim i doubt you will be able to successfully petition anyone else, but one would think you would KNOW if there was...

 

you will also have to apply for a waiver and be heavily scrutinized due to multiple previous petitions and relationships that did not end well.

Edited by debbiedoo

5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

12/13/2018        Consulate received/ ready to schedule interview

 

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I think you will have a really hard time to obtain another K-1. If this wont work, you will be blacklisted in USCIS. Happened to one person before. 

Please, get to know this person very well before commitment. Its not my business but 3 girls from the same country.. really? What so special about it? 

Good luck!


“Life is a roller coaster, just enjoy the ride”

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59 minutes ago, Boiler said:

May be time to lay off the K1's, was I the only one who need ed to look up hypergamy?

 

57 minutes ago, payxibka said:

Nope 

Same here... I had to read up on it. 

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I must admit that the definition of "hypergamy" surprised me.......


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Try finding a Filipina in your area so you don’t have to go through petitioning again? 


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34 minutes ago, missileman said:

I must admit that the definition of "hypergamy" surprised me.......

I agree it did!!!



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3 hours ago, Boiler said:

May be time to lay off the K1's, was I the only one who need ed to look up hypergamy?

Nope, you're not the only one. :)


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3 hours ago, payxibka said:

A Vawa claim is more difficult to overcome than multiple filings 

How do you know this? VAWA cases are secret and the accuser is not even notified. There is no due process, no evidence, no rebuttal and no opportunity to clear my name. I can't even find out if my ex actually filed a VAWA claim but its the only way she can get her GC so I assume she did so. 

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