K-1 went to cr@p and he wants to send her packing is there any way she can stay?

[GQBlues]

.... There are always ways of getting around things. The RW will be eligible for social programs at taxpayers expense. I just hope you're helping a person who's worth it.

LOL! She can even vote immediately! 1-800-SI SE PUEDE.....or just download an application from the nearest ACORN headquarter near you.
 
I thought this system has been perfected considering this has been going on for a few decades now. The US happily trade health insurance and food stamps for your votes.

[Boethius]

Isn't that the challenge Canadian citizens now face? IIRC something like a 1 year period?

Maybe Boethius can illuminate the reasons Canada abolished their version of the K1..

Once a Canadian spouse lands, they have landed immigrant status.  The foreign spouse can walk away from the relationship immediately and, in the absence of proving fraud in the marriage, cannot be deported.  The government is looking at placing conditions on foreign spouses, similar to those in the US to combat marital fraud (mostly in the South Asian community).

The fiance visa was abolished in Canada when Canada gave full legal recognition to common law relationships for immigration and other purposes. 

[Jooky]

The RW in question may apply for a U visa which she can get if she is mentally abused and she doesn't have to have been married to an American and her abuser doesn't even have to be a citizen or of legal status.
http://www.immigrantjustice.org/federal-rules-offer-protection-immigrant-victims-violence

That link is for immigrants and I don't see 'being a jerk' listed in the U-Visa eligible crimes.
 
Those other cases aren't relevant to this situation, unless you're suggesting that she commits fraud. As far as I know, asylum isn't intended to keep the 'victim' where the 'abuser' is...

[BillyB]

That link is for immigrants and I don't see 'being a jerk' listed in the U-Visa eligible crimes.
 

There are links within the link I provided. There are waivers for nonimmigrants. Being a jerk to a woman can be considered emotional abuse. Emotional abuse is domestic violence in this country.
 
About the RW I dated on a tourist visa who later got asylum, I thought she was never in danger if she did return to her country. Her political views were different than the government over there but seriously, I don't think her goverment would hang a young woman who is of no threat to anyone. Our government is easy granting the wishes of those who apply to stay in this country if she is a woman. There's no doubt in my mind the RW Bill is trying to help can stay here with the help of an immigration attorney. They know the loop holes.

[GQBlues]

.... Her political views were different than the government over there but seriously, I don't think her goverment would hang a young woman who is of no threat to anyone. Our government is easy granting the wishes of those who apply to stay in this country if she is a woman. There's no doubt in my mind the RW Bill is trying to help can stay here with the help of an immigration attorney. They know the loop holes.

Yup...One such woman comes to mind...
 
http://www.breitbart.com/article.php?id=d945tee01
 
"...Estimates vary, but many experts believe there are more than 10 million such immigrants in the United States. ..."
 
LOL. Not even sure why USCIS still exist. It seems no one ever pays attenton to its regulations/by-laws anyway. Just like our Constitution. If Bill's friend run into a bind, all she would have to do is exit the country from the south and waltz right back in any time it's convenient for her, then presto, she's entitled to everything! Even more than a normal citizen including free housing!

[Chicagoguy]

GQBlues,
Would Obama's aunt and uncle be an example ?

[GoodOlBoy]

..... uncle be an example ?

Yeah, the drunk one (arrested for DUI).

http://www.foxnews.com/us/2011/08/29/obamas-uncle-charged-with-drunken-driving/
 
GOB


PS..... Police said that after being booked at the police station, Obama was asked whether he wanted to make a telephone call to arrange for bail.

"I think I will call the White House," he stated, according to a police report filed in Framingham District Court.   



 

[GQBlues]

GQBlues,
Would Obama's aunt and uncle be an example ?

Hhhmmm...not sure yet about being an 'example' per se...but methinks a new book by the chosen one likely titled..."Embraces from my Relatives I Hold So Dear" ought to to be a No. 1 seller. The song 'We Are family" would liekly be the theme song if they made a movie of it, too. Too bad Borders had file for BK because that would have helped kept their doors open for at least another 2-3 months...
 
From the article...
 
"...Police said that after being booked at the police  station, Obama was asked whether he wanted to make a telephone call to arrange  for bail.

"I think I will call the White House," he stated,  according to a police report filed in Framingham District Court....

[Admin]

Yeah, the drunk one (arrested for DUI).

http://www.foxnews.com/us/2011/08/29/obamas-uncle-charged-with-drunken-driving/
 
GOB


PS..... Police said that after being booked at the police station, Obama was asked whether he wanted to make a telephone call to arrange for bail.

"I think I will call the White House," he stated, according to a police report filed in Framingham District Court.   

Both  and veering deeply into non-thematic political commentary.

Bring it back to be On-Topic.

- Dan

[GoodOlBoy]

 
 
I thought you would be at Mile High Stadium tonight Dan?
The game (Broncos/Raiders) just kicked off!
 
GOB

[Wayne]

I looked at the application form for asylum. It is about 20 pages long! You can file for asylum if you are already in USA and entered-legally or illegally-less than one year ago.
 
If you really are fluent in English, you probably could fill out the forms yourself.
 
I believe the process could take several years to complete and the person would be allowed to stay in USA as long as they don't leave and try to come back.
 
It would involve an intensive interview and would probably be done in English (unless Spanish?).
 
There are many reasons to seek asylum. If she has no place to live nor job back home, that might be enough.
 
Is she still living with the man who did the K-1? Who is supporting her?

[Zmejka]

I dated a tourist visa RW who overstayed her visa and got permanent legal status after she got an immigration attorney and claimed her husband in Russia is physically abusive

There's no such ground to stay as an abusive spouse in another land. If it was American abusive husband - that's another thing.

I dated another tourist visa RW who overstayed her visa but applied for and received an extension. She later applied for legal status and got it

Should be legal ground for her status. Just out of the blue from tourist status it's impossible. Or she applied for asylum, or won Green Card Lottery, or married a man with a legal status, or got status via her employer. There's not many options to get Green Card, there're all well-known.

I dated a RW who did a k-1 with a RM living here in the states married him and they divorced before the standard 2 years are required to stay married for her to get legal status. She got legal status anyway and never claimed abuse

There're many cases of divorce before 2 year mark. In theory one should stay married till getting permanent Green Card. In practice it's enough to get conditional Green Card and further divorce and prove marriage was in good faith - as in this case.
 

The RW in question may apply for a U visa which she can get if she is mentally abused

If she has thousands dollars available for attorneys to prove verbal abuse - the most difficult thing to prove - with still 90% of failure in this particule case (not marrying the petitioner on K-1) then let her go ahead.
To TS:
How is K-1 visa is different to tourist visas, work visas, student visas etc. is because it's the only visa where adjustment of status is prohibited if not via original petitioner. So anyone who had other visas if they are now alreadt illegal in the US - they will be forgiven and granted legal status if married USA citizen. And only with K-1 visa (also abother visa of crewman - C1/D but it's not important now) it's impossible. Or if she still marries another USA citizen and won't come back to file a visa for a spouse (CR1) - it will take thousands dollars, a few years time, still obligatory return to her homeland, where she would face a ban for unlawfully presence for all this time in the US, filing waiver to overcome that ban - and eventually may be, it will end good. Is it worth efforts in her situation? She should know better. And let her read USCIS site for her options and not trusting blindly to the lawyers who can promise much but accomplish little.

[Muckraker]

 
Asylum Granted to Mexican Woman in Case Setting Standard on Domestic Abuse
  By Julia Preston Published: August 12, 2010  The Obama administration has granted asylum to a Mexican woman who was sexually abused and severely battered by her common-law husband. The decision, in a closely watched case, clarifies the exacting standard that domestic abuse victims must meet to win asylum.    Department of Homeland Security officials found that the woman had proved that she could not expect the Mexican authorities to protect her from the violence and murder threats of her attacker, and that she could not safely relocate anywhere in the country to escape him.   During decades of abuse, the man repeatedly raped her at the point of guns and machetes, and once tried to burn her alive, according to court documents in the case in San Francisco.
Based on a favorable recommendation from Department of Homeland Security officials, an immigration judge on Aug. 4 approved asylum for the woman, who is known only as L.R., because asylum cases are confidential. Her lawyers announced the decision on Thursday.
The outcome of the case of L.R., 43, brings new clarity to asylum law after almost 15 years of arcane and tangled litigation, when claims from domestic abuse victims were regularly dismissed by immigration judges. 
 
“The Department of Homeland Security has recognized that asylum should be available to women who have suffered domestic violence and whose governments won’t protect them,” said Simona Agnolucci, a lawyer with the Howard Rice law firm in San Francisco who represented L.R. “Now the day finally came when the department said these are the criteria required to show a case for asylum.”
 
In the case of L.R., who first filed for asylum in 2005, Homeland Security Department officials had tipped their hand in papers they submitted in immigration court in April 2009. They confirmed that L.R. could be eligible for asylum as a domestic violence victim, but laid out narrowly defined requirements she would have to meet. Since then, her lawyers presented new evidence designed to meet those standards.
 
In a declaration in March, Alicia Elena Pérez Duarte y Norońa, a former special prosecutor in Mexico City for crimes against women, said L.R. could not turn for help to the police in Mexico because of “the enormous social and cultural tolerance of this abuse, resulting in the virtual complicity of authorities who should prevent and punish these violent acts.”
L.R. testified that she had asked Mexican courts for protection for herself and her two children. One judge had offered to help her if she would have sex with him, she said.
In a novel argument, a Mexican lawyer specializing in information access, Jimena Avalos Capin, declared that L.R. could not find safety by moving to any new location in Mexico because her common-law husband could easily track her down using the Internet. For L.R. to be able to work in her profession as a schoolteacher, Ms. Capin said, she would have to post her current address in a public registry.
 
L.R.’s lawyers said the case was not likely to lead to any new surge of refugees in the United States because the hurdles remain high for battered women.
“It shows what kind of evidence would be enough to make a case, but it doesn’t mean every case is successful,” said Karen Musalo, director of the Center for Gender and Refugee Studies at the University of California Hastings College of the Law in San Francisco, who also represented L.R.
 
Homeland Security Department officials said they would proceed cautiously with asylum claims based on sexual abuse. “The department continues to view domestic violence as a possible basis for asylum in the United States,” said Matthew Chandler, an agency spokesman. But he said each case “requires scrutiny of the specific threat the applicant faces.”
 
The government and the courts never questioned the account L.R. gave of her treatment by a man who she said had first forced her to have sex with him when she was a teenager and he was her school athletics coach. Once when he discovered she was pregnant, she said, he set fire to the bed where she was sleeping.
 
Asylum was also granted to L.R.’s two sons, now 22 and 20 years old. After years of “extreme anxiety” over the case, Ms. Musalo said, L.R., who is living in California, is “ecstatic, grateful and relieved” that she will be able to remain in this country.        A version of this article appeared in print on August 13, 2010, on page A14 of the New York edition. http://www.nytimes.com/2010/08/13/us/politics/13asylum.html

[ECOCKS]

Uh, that's not even remotely a similar situation.

[GQBlues]

So the woman have 2 sons in their 20s who just couldn't man-up to protect their mother, eh? Interesting...
 
To make this even more interesting, it appears the entire Mexican judicial / police system would like to exchange sexual favors for protection, I see....Likely the Mexican president would much rather have sex with her, too in exchange for protection.
 
Very likely the entire drug cartel overlords and their minion would like to fall in line to have sex with her as well...for protection. Maybe the entire Mexican population would like to have sex with her. LOL. Holy smokes! Where does this silliness stop?
 
Dang! Maybe DC and DHS would like to have sex with her in exchange for the asylum decree...

[ECOCKS]

Shame they cannot include a picture after a buildup like that......

[Muckraker]

Uh, clearly the article is referring not to the situation of the OP, but to the situation initially described by BillyB and to the response comment by the other poster that abuse is not grounds for asylum.  Their posts are immediately prior to the article, pehaps you missed it.
 
Muck

[Zmejka]

Uh, clearly the article is referring not to the situation of the OP, but to the situation initially described by BillyB and to the response comment by the other poster that abuse is not grounds for asylum

Thank you for copying this article. That seems like a very uncommon situation, i don't think that the woman in question has the abusive ex-husband at home who follows her for years, threatens with murder and she couldn't escape it by moving to any part of her country. I really never heard of asylum being granted on this ground (i'm not a lawyer, of course), but i still believe it's an exception.

[ECOCKS]

Uh, clearly the article is referring not to the situation of the OP, but to the situation initially described by BillyB and to the response comment by the other poster that abuse is not grounds for asylum.  Their posts are immediately prior to the article, pehaps you missed it.
 
Muck

I don't see the stuff on IGNORE unless someone quotes it so still going on the OP and thread title.

[shakespear]

Heck, the K-1 is done.. IIRC she can just stay and marry anyone within the 90 days..

NO!  She can only marry the original sponor of her K-1. 

[Faux Pas]

NO!  She can only marry the original sponor of her K-1.

Have you something, anything to support that statement? In the state I live in, my wife and I were legally married and there was no reference whatsoever to her immigration status. Seems to me as long as they are present and with proper identification, they can legally marry anyone they choose

[Muzh]

Have you something, anything to support that statement? In the state I live in, my wife and I were legally married and there was no reference whatsoever to her immigration status. Seems to me as long as they are present and with proper identification, they can legally marry anyone they choose

FP, I hate to agree with Brad, but he is right. If you bring a woman to the US on a K-1 visa, she has to marry you. Not your evil-twin brother, not your nephew, not FP jr.
 
Follow the link path here:
 
http://travel.state.gov/visa/immigrants/types/types_2994.html

[ECOCKS]

Have you something, anything to support that statement? In the state I live in, my wife and I were legally married and there was no reference whatsoever to her immigration status. Seems to me as long as they are present and with proper identification, they can legally marry anyone they choose

Context, context, context.....

To finish processing the K1 she must marry the original sponsor.

She can marry almost anyone she pleases and start a more complex AoS proceeding which may, or MAY NOT work. I would guess the odds would be low on getting that through but who knows?

[ECOCKS]

FP, I hate to agree with Brad, but he is right. If you bring a woman to the US on a K-1 visa, she has to marry you. Not your evil-twin brother, not your nephew, not FP jr.
 
Follow the link path here:
 
http://travel.state.gov/visa/immigrants/types/types_2994.html

Wrong.

[Faux Pas]

FP, I hate to agree with Brad, but he is right. If you bring a woman to the US on a K-1 visa, she has to marry you. Not your evil-twin brother, not your nephew, not FP jr.
 
Follow the link path here:
 
http://travel.state.gov/visa/immigrants/types/types_2994.html

Muzh,


I don't know is the reason I asked. However, like ECOCKS, if she is physically in-country, she can marry anyone she pleases. In my state anyway there would be nothing to stop her. I thought about that as I was marrying my wife. I had to provide more ID and proof than she did "because" I was a citizen.


With that said, it certainly changes the entire dynamic of her status. Yet, the marriage could happen to someone entirely different that the intended. I would say a completely different route to residency, may or may not include returning to home country. I have no idea what it would entail but, it can certainly be done.