Multiple K1 visa filings and VAWA

[unakin 1]

Hello!

 

I am hoping someone here can be of help to me. I have read through countless posts and am amazed at the level of insight displayed collectively as a community. 

 

Here is my story. I met a man in Nigeria (my home country, although I am a US citizen by birth) in January of 2016. I met him online. We spoke extensively and are from the same tribe as well. I went to visit him in Nigeria in June 2016 for a week. He followed up with a visit to the US in November of 2016 for a month where he proposed. I returned to Nigeria in Dec of 2016 for 3 weeks. The relationship was tumultuous from the beginning. We are both hot headed and argue a lot. Nevertheless, we chalked it up to long distance and thought once we lived in the same place, we would understand each other better (the naivete of youth!)

 

We filed for k1 visa in December 2016. Almost every day we had an argument and I did not feel happy in the relationship (he didn't either) but we kept at it. Relationships are hard they say. Nothing good comes easy right? I was so unsure that twice, I canceled the meeting of the parents which would have been an official realization of the relationship by our families but I didn't want any recognition because of how tumultuous the relationship was. 

 

k1 approved in June 2017 and he landed in the US that same June. We were married the beginning of July 2017. The fights continued obviously. I said things I shouldn't have said and so did he. We had yelling matches, I've never claimed to be perfect and neither was he. I am 30, and he is 37. I noticed after a while he kept calling me abusive. I was confused as to why he kept using that word until I did my research online. It was confusing to me because we both were the problem in the relationship. He often would bring things up out of the air and I just didnt understand how someone would arrive at such conclusions. For example, at the risk of giving away too much information, he would say that because I did not have enough sexual intercourse with him, I was sexually abusing him. Funny enough, I believe he truly believed these things which was just utterly confusing to me. 

 

Anyway, I quickly realized that the relationship was just too far gone and neither of us would be happy. His conditional green card had not been approved yet and I wrote to USCIS to withdraw the AOS. He pleaded and pleaded with me  not to get a divorce and I told him respectfully that one day, he would be happy that I did so as neither of us would ever be happy with each other. This happened in June of 2018. I also filed for divorce and left our apartment although, I continued to pay the rent until the lease was over. He initially was going to contest the divorce and I was preparing for a long and nasty battle (even though we had no assets/kids together) and one day, all of a sudden, he signed the divorce papers and poof it was over. October 2018.

 

All the while he kept telling me he could have filed VAWA but he wasn't going to do it. Apparently, you don't need much evidence to file for VAWA. All you need is a convincing story. If that is his route (and I strongly think it is) there is no way to defend myself against it and I honestly left well enough alone.  For clarity, we never had cops called, no domestic incidents or anything of the nature. He recorded me (without my knowledge) on his cellphone in several fights we had which stands as his proof. Additionally, there was a text message I sent to him accusing him of not caring enough about me and that was also evidence of my abuse of him. Again, confused as to his thought process

 

MY issue now is that I have found someone else with whom I have the EXACT OPPOSITE relationship with. I met him in July 2018, a month after I filed for divorce and he is the sweetest man. We are compatible in almost every way and while we have our issues, I am so at peace. We hardly have the sort of arguments I was used to with my ex. Our disagreements (if you can call it that) are more of calm discussions lol.  I met him in the US, he attended a mutual friend's party. He has since been back to see me twice (tourist visa), once in September 2018 and another in October 2019. I in turn went to see him in December 2018 and will visit again in December 2019. We both LOVE to travel (something my ex thought was a waste of time) and met up May 2019 in Europe (France, Greece and Czech Republic). He is one of the most mature men I have met although he is a year younger than I am. I was not planning on meeting anyone so quickly and indeed I thought I would be single for a long time but it just happened the way it did.  

 

Having been together for a while now, we would want to take the next step and it makes more sense for him to move here to be with me. He has a skill that pretty much ensures he will be able to earn a really good living in the US (just like he does in Nigeria) but if I move to Nigeria, I do not know what I can do and I don't want to be dependent on him. It is hard to make it there and I have a decent job here. What are my chances of filing a k1 visa again? Keep in mind the last 1 was approved in June 2017. Would I need to get a waiver? I know it is outside of the 2 year mark but since it is so close, should I just include 1 to be safe? My ex is still here and is determined to remain in the US at all costs. Assuming he has filed a VAWA case against me (I have no way of knowing), what are my chances of getting my new case approved? This will be my very last go-around with USCIS regarding a case of this nature. 

 

SO sorry for my long message but I thought it would be good to give enough context. I am really worried that because of my mistakes in the past, I won't be able to be with my current partner. 

 

Thanks so much everyone! Please take it easy with the messages, I am really sensitive and have beaten myself up a lot about this. 

[SalishSea 16,746]

 I was under the impression that the burden of proof for VAWA is on the petitioner (i.e. the applicant), and that documentation is required.  Otherwise it comes down to a "he said, she said" situation, and could easily be used as a conduit for fraudulent marriages.

 

Is there any documentation he may have to support a VAWA claim?

[Going through 5,668]

1 hour ago, unakin said:

What are my chances of filing a k1 visa again? Keep in mind the last 1 was approved in June 2017. Would I need to get a waiver? I know it is outside of the 2 year mark but since it is so close, should I just include 1 to be safe?

No waiver needed in your case.   If I remember correctly, the date they go by is the filing date for the K1, not the approval date.

 

1 hour ago, unakin said:

Assuming he has filed a VAWA case against me (I have no way of knowing), what are my chances of getting my new case approved?

You won't know if he is continuing his immigration journey through VAWA.  

One thing though---him filing VAWA is not "against" you in any way.  USCIS is not putting you on trial, nor will you be contacted by them to dispute any VAWA claim/evidence he submits.  It entirely becomes his process only, and his approval will depend on the documentation he submits to support his VAWA filing.

 

1 hour ago, unakin said:

Apparently, you don't need much evidence to file for VAWA. All you need is a convincing story.

You would be surprised at how much evidence he will need to submit. 

 

 

 

 

 

[unakin 1]

2 hours ago, Jorgedig said:

 I was under the impression that the burden of proof for VAWA is on the petitioner (i.e. the applicant), and that documentation is required.  Otherwise it comes down to a "he said, she said" situation, and could easily be used as a conduit for fraudulent marriages.

 

Is there any documentation he may have to support a VAWA claim?

He recorded me on some fights we have without my knowledge but that is all. 

[unakin 1]

2 hours ago, Going through said:

 

 

You won't know if he is continuing his immigration journey through VAWA.  

One thing though---him filing VAWA is not "against" you in any way.  USCIS is not putting you on trial, nor will you be contacted by them to dispute any VAWA claim/evidence he submits.  It entirely becomes his process only, and his approval will depend on the documentation he submits to support his VAWA filing.

 

Thanks so much for responding. So even though it is technically not against me, I guess I am confused as to whether it would hinder my future application in some way even though OFFICIALLY it should not. Any idea? I am so confused about this process. 

[Going through 5,668]

Doubtful he can achieve a successful VAWA filing if he's basing it solely on arguments.  Honestly I wouldn't worry about it too much, sounds like he's blowing smoke.

 

The fact that he begged and pleaded with you not to divorce him was probably in part because he realized his AOS depended on your involvement at that point.  He's grasping at straws to remain in the country, sounds more like it.

 

 

 

 

[kiwibean 42]

Please don't beat yourself up over this.  Life happens.  Many, many people have stayed in relationships and hoped against hope that they would work.

[flfreddy 92]

A VAWA GC needs to have a) police report b) bonafide wedding evidence c) Psychologist or Social worker report d) Medical report if any e) shelter report f) any Restraining order, judge order.

 

Good luck if all he has is a video of a shouting match.  If he faked bruises and made a police report allegation of domestic violence (EVEN IF YOU ARE INNOCENT) - soon you will have police calling you for a chat - or you will be detained (arrested) even at traffic stops or airports if a warrant is out.  Its called penal code 273.5a.   Restraining order violation is 273.6a.   

 

If none of that has happened yet, likely he did not and is seeking another way to stay.. asylum or remarry fast.

 

Your new K1 has nothing to do with the past.  Your K1 is dependent on met 1 in 2 years, no criminal case involving a child abuse or molest sort of thing, and enough $$ + bonafide relationship evidence.

 

I know this is because my friend was in this situation and he had to fight his way out of court just to prove his innocence and it cost $35000.  Until a police office call you, else I wouldnt worry about your ex filing a VAWA.

[Villanelle 4,121]

15 minutes ago, flfreddy said:

A VAWA GC needs to have a) police report b) bonafide wedding evidence c) Psychologist or Social worker report d) Medical report if any e) shelter report f) any Restraining order, judge order.

 

Good luck if all he has is a video of a shouting match.  If he faked bruises and made a police report allegation of domestic violence (EVEN IF YOU ARE INNOCENT) - soon you will have police calling you for a chat - or you will be detained (arrested) even at traffic stops or airports if a warrant is out.  Its called penal code 273.5a.   Restraining order violation is 273.6a.   

 

If none of that has happened yet, likely he did not and is seeking another way to stay.. asylum or remarry fast.

 

Your new K1 has nothing to do with the past.  Your K1 is dependent on met 1 in 2 years, no criminal case involving a child abuse or molest sort of thing, and enough $$ + bonafide relationship evidence.

 

I know this is because my friend was in this situation and he had to fight his way out of court just to prove his innocence and it cost $35000.  Until a police office call you, else I wouldnt worry about your ex filing a VAWA.

They have been divorced since Oct 2018 (and stopped living together in Jun 2018). He is not going to be able to report DV from 1+ year ago and have the police come arrest her.

[SmallTownPA 71]

12 hours ago, Villanelle said:

They have been divorced since Oct 2018 (and stopped living together in Jun 2018). He is not going to be able to report DV from 1+ year ago and have the police come arrest her.

This is bad advice.

 

Each State has its own statute of limitations, and some go out for 6 years.  So filing a police REPORT can be a thing.  Will it be PROSECUTED?  Well, that's not the point.  In some States just the filing of a report can lead to a mandatory arrest, and that goes on your record, forever. 

 

 

[Villanelle 4,121]

1 hour ago, SmallTownPA said:

This is bad advice.

 

Each State has its own statute of limitations, and some go out for 6 years.  So filing a police REPORT can be a thing.  Will it be PROSECUTED?  Well, that's not the point.  In some States just the filing of a report can lead to a mandatory arrest, and that goes on your record, forever. 

 

 

Out of curiosity- which state is it that has a 6yr (or at least anything over 1 yr statute as is the OPs case) that also has mandatory arrest for DV crimes? Just wondering. While I dont disagree that it is technically possible in some locations the odds of it actually occurring are very slim. Esp taking in to account that NO abuse occurred according to the OP- so any evidence brought to the police now (over 1.5 yrs later) will be unverified (no probable cause). Bonus points if you can show cases where a DV was brought forth after multiple years with only the victims self gathered evidence. 

 

Technically people get struck by lightning but its not considered 'good advice' to advise someone to be seriously afraid of storms. Or to advise people to invest in the lottery because technically someone will win it. IMO 'good advice' is advice that is reasonable and telling someone they should be worried after breaking up for the next 6 years that the cops are going to come and arrest them based on retribution by the ex is not that! Reasonable advice is to seek shelter in storms and only gamble what you can afford to lose. 

[SmallTownPA 71]

44 minutes ago, Villanelle said:

Esp taking in to account that NO abuse occurred according to the OP- so any evidence brought to the police now (over 1.5 yrs later) will be unverified (no probable cause). Bonus points if you can show cases where a DV was brought forth after multiple years with only the victims self gathered evidence. 

You believe OP why?  Verbal abuse can be classified as psychological abuse.

 

You can google it yourself.  You have already closed your mind (OP is a woman, she CAN'T be an abuser!  We must believe her!)

 

 

[Villanelle 4,121]

Gotcha. I just figured based on your other posts insisting that unless theres a published verified gov source stating something as fact that its nonsense. So I figured youd have statistics/links to back up your statements. And FYI very few states have provisions where verbal abuse qualifies as a domestic violence crime. And this has nothing to do about her being a woman.

 

Obviously when someone posts only one side of the story is given. We have to take them at their word that they are giving all the information and it is accurate- or at least accurate in the way they view what happened. Based on what she posted the cops were never called, there were never any incidents of violence- just a lot of him tossing around the term 'abuse' and VAWA and a lot of confusion on her part. 

[JFH 12,189]

6 hours ago, SmallTownPA said:

 (OP is a woman, she CAN'T be an abuser!  We must believe her!)

 

 

Did the OP say he/she was female? I’ve read the post twice and I may have missed it due to the length of the post but I don’t see that a gender is specified. Just because the beneficiary was a male, does not mean the petitioner was female. It’s the 21st century, after all. 

[SmallTownPA 71]

14 minutes ago, JFH said:

Did the OP say he/she was female? I’ve read the post twice and I may have missed it due to the length of the post but I don’t see that a gender is specified. Just because the beneficiary was a male, does not mean the petitioner was female. It’s the 21st century, after all. 

I was preparing for a long and nasty battle (even though we had no assets/kids together)

 

I'm gonna put a warm diet Walmart soda that its a she.

 

Prove me wrong.