PLEASE Help! New in USA in abusive relationship

[Boiler 43,433]

So you were married and lied that you were not. That adds another layer of complication.

 

Begs the question why you decided to go the fraudulent K1 route.

[Diane and Chris 651]

9 minutes ago, Boiler said:

So you were married and lied that you were not. That adds another layer of complication.

 

Begs the question why you decided to go the fraudulent K1 route.

My thoughts exactly. She entered illegally on a K-1 visa. 

[visawonderer 10]

15 minutes ago, Boiler said:

So you were married and lied that you were not. That adds another layer of complication.

 

Begs the question why you decided to go the fraudulent K1 route.

I got married in church, the week of my travel here. For religious purposes, this is a requirement for us. I wouldn't leave the house without having done so. The church finalized registration in their system legally there after my entry here, but it states the date of religious ceremony. I'm not sure if that's fraudulent or not. I'd like to know more of it is.

 

K1 was filed much earlier and IF that's fraudulent, I would have never known.

 

For the cynical, had I been seeking immigration, I would have learned and stalked these forums much much sooner.

 

In retrospect, I should have done so but I had no reasons to suspect and double check anything. We live and learn! 

 

Note: I'd like to keep my origins to myself but some are close in their guesses :) 

Edited August 27, 2019 by visawonderer

[Nitas_man 3,100]

32 minutes ago, visawonderer said:

 

1) I am an educated woman. I have an undergraduate degree from an American university overseas. I can speak English and organize my questions  

 

3) We got religiously married overseas and were legally registered in my country.

 

It's a difficult situation for me no matter how you see it. 

 

You were not eligible for a K1 if you were already married.

 

Did you marry before you filled out the visa application and attend your visa interview?

 

Did you tell the CO you were single or married?

 

 

 

 

 

 

 

[visawonderer 10]

19 minutes ago, Nitas_man said:

 

You were not eligible for a K1 if you were already married.

 

Did you marry before you filled out the visa application and attend your visa interview?

 

Did you tell the CO you were single or married?

 

 

 

 

 

 

 

I don't know where these questions are coming from, please read the full thread. 

 

This is taking an unproductive route. My K1 was filed appropriately. I was NOT married at the time of application nor interview. I married in church a few days before my flight. IF that's against the terms, then every conservative country falls into that. No one would send off their daughter without having their traditional ceremonies. 

 

Again, that's very off topic to my current situation. Please, if you wish to help, let's focus on topic because I am trying to figure out how to proceed. 

Edited August 27, 2019 by visawonderer
Spelling

[SeanK 4]

Religious/traditional ceremonies aren’t the same as being legally married/signing a marriage certificate, but since you entered the US after being legally registered as married in your home country that is misuse of the k-1 visa, which will most likely complicate your case.

 

[Nitas_man 3,100]

40 minutes ago, visawonderer said:

I got married in church, the week of my travel here. For religious purposes, this is a requirement for us. I wouldn't leave the house without having done so. The church finalized registration in their system legally there after my entry here, but it states the date of religious ceremony. I'm not sure if that's fraudulent or not. I'd like to know more of it is.

 

 

Yet you signed a statement of intent to marry within 90 days AFTER arriving in the US

If you entered the US on a K1 visa after getting married you are considered to have committed immigration fraud.

That’s probably why your husband doesn’t want to be part of the adjustment.

You’re in a bad legal situation.

 

https://www.visatutor.com/can-k-1-fiance-marry-coming-us/

8 minutes ago, visawonderer said:

I don't know where these questions are coming from, please read the full thread. 

 

This is taking an unproductive route. My K1 was filed appropriately. I was NOT married at the time of application nor interview. I married in church a few days before my flight. IF that's against the terms, then every conservative country falls into that. No one would send off their daughter without having their traditional ceremonies. 

 

Again, that's very off topic to my current situation. Please, if you wish to help, let's focus on topic because I am trying to figure out how to proceed. 

You don’t seem to realize that the minute you married you invalidated your visa and all subsequent benefits that go with it.

I am trying to determine exactly what you said ar each point - including your POE entry.

Was the officer at secondary aware that you were already married when you entered on a K1?

I know you are “highly educated” and all but the K1 process is crystal clear.  

 

Edited August 27, 2019 by Nitas_man

[Cathi 5,610]

7 minutes ago, visawonderer said:

I don't know where these questions are coming from, please read the full thread. 

 

This is taking an unproductive route. My K1 was filed appropriately. I was NOT married at the time of application nor interview. I married in church a few days before my flight. IF that's against the terms, then every conservative country falls into that. No one would send off their daughter without having their traditional ceremonies. 

 

Again, that's very off topic to my current situation. Please, if you wish to help, let's focus on topic because I am trying to figure out how to proceed. 

Just because others do it, doesn't make it legal. You were not eligible for a K-1 the moment you had your religious ceremony.

[SalishSea 16,770]

16 minutes ago, visawonderer said:

This is taking an unproductive route. My K1 was filed appropriately. I was NOT married at the time of application nor interview. I married in church a few days before my flight. IF that's against the terms, then every conservative country falls into that. No one would send off their daughter without having their traditional ceremonies. 

 

Again, that's very off topic to my current situation. Please, if you wish to help, let's focus on topic because I am trying to figure out how to proceed. 

I don't think you're understanding the seriousness of your situation.  It goes well beyond what your original post was about.

[visawonderer 10]

No, my spouse doesn't want to do it for other reasons. He doesn't know this, nor do I until now. 

 

Before I continue, please don't be sarcastic. Educated doesn't equate knowing these things. I admit to putting my trust in the wrong hands. 

 

I have learned a lot today, from everyone here. I'm trying to figure this out. Please don't be insensitive.

 

As for dates, I will have to check what date was registered there BUT that's not the license I have here in my hands. What I have here is what we registered at court here in April, that's what will be filed, if I do end up filing.

4 minutes ago, Jorgedig said:

I don't think you're understanding the seriousness of your situation.  It goes well beyond what your original post was about.

Please explain.

[Nitas_man 3,100]

10 minutes ago, visawonderer said:

Again, that's very off topic to my current situation. Please, if you wish to help, let's focus on topic because I am trying to figure out how to proceed. 

Your current immigration status determines your options 

 

Right now your current immigration status appears to be “inadmissible due to omission of a material fact”

 

[SeanK 4]

If you file with your US/state marriage license it will be under misrepresentation as you will be omitting information about your original marriage license from your home country.

[Nitas_man 3,100]

13 minutes ago, visawonderer said:

No, my spouse doesn't want to do it for other reasons. He doesn't know this, nor do I until now. 

 

Before I continue, please don't be sarcastic. Educated doesn't equate knowing these things. I admit to putting my trust in the wrong hands. 

 

I have learned a lot today, from everyone here. I'm trying to figure this out. Please don't be insensitive.

 

As for dates, I will have to check what date was registered there BUT that's not the license I have here in my hands. What I have here is what we registered at court here in April, that's what will be filed, if I do end up filing.

Please explain.

If you arrived, went to the courthouse, and filed for a marriage license you had to be free to marry.  You were not.  If you stated that you were, you committed fraud.

 

Creating, carrying, holding, using, or filing that document is a state felony.  It will, after you file it with USCIS and use it for an immigration benefit, be a federal one.

 

That is probably why your husband did not want to do it.  It is also probably why he won’t file.

 

Your ONLY chance here is (assuming you don’t get hit with material omission based on what you told the officer when you entered on K1) is for your husband to file a new I-130 and adjustment of status based on your first registered marriage.  Your what is now overstay can be forgiven.  If you continue on the path that you are on you are risking jail and deportation.

 

If he does not want to do that you have no, zero path to stay as you entered on what was an invalidated visa.

 

 

Edited August 27, 2019 by Nitas_man

[visawonderer 10]

27 minutes ago, Nitas_man said:

 

https://www.visatutor.com/can-k-1-fiance-marry-coming-us/

 

 

Ok so I'm screwed... He doesn't know this, it's not why he won't file. It's to keep me trapped. 

 

I probably need to consult a lawyer, having learned all this now..

Edited August 27, 2019 by visawonderer

[SalishSea 16,770]

2 minutes ago, SeanK said:

If you file with your US/state marriage license it will be under misrepresentation as you will be omitting information about your original marriage license from your home country.

Not to mention the AOS, ROC and citizenship all would now be applied for with a material misrepresentation.

Edited August 27, 2019 by Jorgedig