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some of you here keep saying that some of us are saying it's ok to make someone have sex! I'm not saying it is ok to make your fiancee or wife have sex with you (rape) what we are saying is she claims she was raped when she got here she was with Bob total 9 days why didn't she leave after the first rape? why didn't she go to the police? Who did she go to after the 9th day there? i could ask questions all day long about this. So many loop holes so many red flags in what was stated in the start of this post. I would like to believe that it happen and Bob gets what he deserves in the end and Angiela gets to stay with Brad and live happily ever after in the states. But till i have more proof i'm going with what i said in the first place.everbody has there own thoughts about this.

Angelina's rape did not occur on the first day or second, it was after a week of arriving to the States. You can imagine the shame, embarrassment, hurt and confusion she must have felt, especially after putting her trust in a man who was supposed to love and protect her.

What's more evident by reading the comments here on vj, are the cultural and social mores surrounding sex, love and marriage. Some members believe that Angelina and Bob had sex before because after all, that's OBVIOUSLY what couples do when they are in a pre-marital relationship. And there are others who have the belief that sex happens once a relationship is consummated (i.e., marriage). Wherever your views/beliefs may lie on this issue, I think one thing we can all agree on is the importance of understanding and respect for the different beliefs that individuals have on this issue. To inject your personal beliefs and make biased statements doesn't help to address the issue.

Now I've got a question for all of you vj forum members who successfully petitioned for a K-1 visa and are now happily married (presumably): were the consequences of not getting married under a K-1 visa explained to you and your foreign spouse during the process? How important were these ramifications stressed (or not stressed) during the entire process?

Well, why not continue to see her and see how the asylum petition works out. If approved then great, if not, then marry and file for her I-130

See timeline above, got married in 2010.

If the abuse/assaults were documented at the time, she could have applied for a self-petitioning visa as the victim of crime. Seems like that would have been a better bet than an asylum claim.

As others have said, get a lawyer and she should NOT leave US soil until all of her legal options are spent. If she leaves, from a USG perspective, their problem is solved and her path to return will be complicated at best. As far as overstay goes, I wouldn't worry that much about that. As your spouse, she is eligible for a waiver for any overstay ineligibility.

Good luck.

According to a national victimization survey by the Justice Department, sexual assault is one of the most under reported crimes, with 54% still being left unreported. More than half of the women in America who have been victims of sexual assault don't ever report it. No documentation, no statements...just silence.

I would imagine that any immigrant coming to the United States, already faces obstacles in adjusting his/her life to a different language and culture than from where he/she came. To be a victim of sexual assault to add to all that...

"allegedly"

Yes, that's right "allegedly"...because Angelina had already planned out her future life of meeting Brad and marrying him three years after the fact, and then go through the arduous, daunting and expensive journey of getting legal permanent residence and foregoing the easier route by just marrying the man who raped her twice ("allegedly" raped her twice that is, right?).

Legally, yes it's an allegation of rape...and I understand that a court would have the same perspective (although it might fall under "discretion", you lawyers here on vj can correct me). It's entirely reasonable however that Angelina was raped twice by the man who filed her K-1 visa, but I know there's a difference between something that "allegedly" happened and something that could have "reasonably" happened.

Just curious, why was the reason for asylum application for religious beliefs?

See post #5 above.

did she marry to the man that filed the I-129F, or no ? the answer to this makes a huge difference.

No, Angelina did not marry the man that filed the I-129F ("Bob").

Angelina married Brad.

No she came here to marry Bob but in the 9 days she arrived she says she was raped twice they nevered married then met Brad married him a few years later. The thing is who ever posted this her,Brad or friend of ? is telling her side. But what really happen? this is the first time i've ever heard of someone being raped by the man who brought her here... meaning what they didn't have a relationship? That they didn't have sex when he went to see her,we don't know the history of that relationship I'm not saying it didn't happen but why wasn't something done back in 04?????? Maybe she got here she didn't want to have sex with him anymore and because used him to get here maybe not?? There so many questions that are not answered here that rasies red flags because this was done back in 04 and nothing was done about it then just my 2 cents.

Pinoylover, there are still some who believe that you don't consummate the relationship until after being married, believe it or not. A bit surprising and old-fashioned I guess, but they are still around. So here's the thing...why would you want to use somebody on a K-1 visa to come to America, knowing full well (from the interview and questioning process in Beijing) that by not following through with the marriage it would jeopardize, no INVALIDATE, your legal status here in America? It would have been "smarter" to get married, get the green card, and then divorce/leave/separate, etc.

Angelina followed Bob to America, completely trusting him, with limited to no English language skills. If you were in her situation and forcibly raped, TWICE, who would you turn to? Better yet, who could you trust? I imagine that even for American women, born in the States, they would have a tough time finding someone to talk to/confide in or even report that it happened.

one is named bob other is named brad

^ bob = bad; brad = good.

Angelina is from Beijing, was baptized as a Christian with an underground church in 2006. Her church has since been persecuted and dispersed. While here in America, she has not been able to establish any contact with her church members (dead phone numbers, emails, etc.)

Angelina has been working jobs as a nanny/baby-sitter for church members here in America. All cash, just a small monthly income to support herself, as she cannot apply for employment legally.

Quick background timeline:

6/20/2007 - Angelina legally entered US, K-1 visa to marry Bob.

6/29/2007 - Bob sexually assaulted Angelina on 2 separate occasions (raped); Angelina left Bob.

10/12/2007 - Angelina hires Immigration Lawyer for Asylum Case (Religious Beliefs) and petition is officially submitted.

7/1/2008 - Brad met Angelina. Brad is a US born citizen. Angelina has been living illegally in US, on overextended her K-1 visa. Angelina has been working and studying to finish her Associate's Degree at the local community college.

7/10/2010 - Brad and Angelina are married.

11/21/2010 - Received notice of Angelina's Removal Proceedings with a court date of 06/16/2013; Asylum petition is still proceeding.

04/20/2012 - Brad heard about an I-130; immediately went to vj.com to seek the wisdom of the forum.

So, after hearing about the I-130, and doing some research, aka "google", I've ruled out a DCF filing of an I-130. Knowing that we've got some time before Angelina's Removal Proceeding court date, I'm wondering if we can file an I-130 and hopefully have that approved in time, before her court date.

First thought, would an I-130 even be possible, given her overextended K-1, almost 2 year marriage, and pending Removal Proceeding/Asylum petition?

Go to Canada, or Europe, or Australia if you can. Other countries will not be concerned about her US overstay.

I wouldn't mind living in Canada or Europe (Europe would be preferred) for 10+ years. How would this process work?

Would we first need to go back to China and then obtain another visa for her to travel to Europe? I wonder if there would be any complications with China issuing another visa for her to go to Europe given the 10 year ban from the US?

China has no say in the matter. Visas are issued by Consular services of the country to be entered. For all intents and purposes, I would plan on waiting out any ban or most likely unsuccessful waiver process in China.

If we were to just continue living here in the USA post-marriage, say about 15-20 years, would there be a way to begin a process for her legalization (assumption based on getting passed the 10 year ban)?

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

Start learning Chinese.

I doubt if there is any lawyer who can help with this problem.

Political asylum is a no-go as well as medical emergency.

The only valid emergency in the eyes of the USCIS is one that

works to THEIR advantage, not yours.

I doubt if there is any way on earth to get around the 10-yr entry ban

but she could find a cure for cancer in the next few months...in which

case you can both live in Switzerland on the medical patent.

If I were under 30 yrs old and didn't have pressing family/work obligations,

I'd go to China in a heartbeat in your situation. Naturally salaries will be

lower, but you'll have a good family life, Chinese food like no tomorrow

and living in an expandingly rich economy instead of one on the downturn.

I've considered this as well. But I would want our children to be born here in the States first before making a move to China for 10+ years. After 10+ years in China, what do you think the chances are of getting her legalized here?

no problem marrying her but she cannot "legalize" her immigration status unless she departs the USA.... if she does depart, then you would have the opportunity to petition for her return, however, she will incur a 10 year re-entry ban that you would have to overcome with a waiver, which is not a simple process

potential citizenship for her is not even remotely in the picture at the moment or any time soon.... there are many issues to overcome before that thought can enter the process.

payxibka, are you familiar with the waiver process to overcome the 10 yr re-entry ban? Do you know of anyone who was successfully able to do this waiver?

You can marry her but the result of her failure to marry Bob and adjust her status will be that she is stymied as to any immigration procedures including work authorization. She is deportable at any time and would be subject to a ten year ban from US entry. You may well marry and live happily ever after with an illegal alien but maybe not. If she leaves the USA, volutarily or not, she will not be allowed back in for at least ten years.

pushbrk, I have no problem moving to another country to be with her while we wait for the 10 year ban. I've thought about living either in Canada or in Europe...what do you think her chances are of her country (China) issuing her a visa for another country in light of her K1 overstay?

Well I met a girl. And I fell in love. And I want to marry her.

But she told me her story and now I'm not sure if we can make this happen.

She came here approximately 3 years ago, originally on a K1 visa planning to marry "Bob." Bob became abusive and police were called to the house on 2 different occasions. Long story short, she left him and moved to the other side of the country.

Fast forward 2 years, I met her and we began a wonderful and loving relationship. 1 year and many Kleenex's later, we are planning on getting married but because she didn't marry Bob within 90 days of her K1 (and her overstaying her visa for over 3 years) is it possible to marry her?

I guess my question is, if I marry her (I am a natural born US citizen), what ramifications will it have for her and for me? Will she be able to begin her process for becoming a US citizen (naturalized) after we are married?

My greatest fears are 1) our marriage will not be legal/valid in court and 2) she will be deported back to her country (China). My understanding is that once a Chinese citizen is deported back for illegal status in another country (i.e., USA), she will never be granted a Visa from China again (or from the USA for that matter).

I did a number of forum searches regarding this but couldn't find anything specific, hence the new topic.

a thousand blessings....