Threatening K1 fiance

[santosde]

Hi all,

I am the foreign spouse and have been in the US for just over two months now after receiving my K1 visa. Me and my fiance married last week however as the jealous type I have noticed she has become since moving here from my country she has has been constantly making unlogical allegations of myself. Now the problem here I am facing is that she has just sent me text messages threatening to not continue with my adjustment of status and that if I wanted to she would need me to pay her a set amount of money (a large sum may I add).

Now this is completely out of the blue for me and I have changed my whole life to be with her. I only have two weeks left of my K1 visa and don't really have the funds to return home as I had no idea this was going to happen.

What steps can I take in order to not be black listed here in the US and is what she is threatening me with legal. I am now legally married to her and am confused as to what this means legally for me.

Thank you for any help in advance.

[rayb]

So long as you have married within your 90-day visa period, your subsequent Adjustment of Status can be done after your visa period. But if you do not submit the Adjustment of Status, you do not have the option of remaining legally in the US. after divorce and marriage to someone else. Your K1 visa status cannot be converted to another immigration category.

Your best bet is to make our relationship right with your new wife and get your Adjustment of Status submitted.

--Ray B

Hi all,

I am the foreign spouse and have been in the US for just over two months now after receiving my K1 visa. Me and my fiance married last week however as the jealous type I have noticed she has become since moving here from my country she has has been constantly making unlogical allegations of myself. Now the problem here I am facing is that she has just sent me text messages threatening to not continue with my adjustment of status and that if I wanted to she would need me to pay her a set amount of money (a large sum may I add).

Now this is completely out of the blue for me and I have changed my whole life to be with her. I only have two weeks left of my K1 visa and don't really have the funds to return home as I had no idea this was going to happen.

What steps can I take in order to not be black listed here in the US and is what she is threatening me with legal. I am now legally married to her and am confused as to what this means legally for me.

Thank you for any help in advance.

[mixiekins]

Hi,
I know this is quite late, but maybe this will help anyone else who finds themselves in your situation.

When filing for your Visa there is a pamphlet that is given out, and you're directed to keep a copy with you. This pamphlet is called:
"Rights and Protections for Foreign-Citizen Fiancé(e)s and Spouses of U.S. Citizens and Spouses of Lawful Permanent Residents"
(a long name, and a boring read, but it's important.)



In this pamphlet you will find that there are legal provisions put in place to protect you in situations such as:
- physical/emotional domestic abuse
- sexual assault
- victim of crime (this is where yours falls under, as blackmail/coercion is a punishable crime)

It explains your rights in regards to:
- The right to obtain a protection order for you and your child(ren).
- The right to legal separation or divorce without the consent of your spouse.
- The right to share certain marital property. In cases of divorce, the court will divide any property or financial assets you and your spouse have together.
- The right to ask for custody of your child(ren) and financial support. Parents of children under the age of 21 often are required to pay child support for any child not living with them.

What to do:
Call 911, plain and simple. I don't care if you think this situation isn't enough of an emergency, call 911. This is a serious issue, and the official USCIS documentation says to do so. If things get out of hand a protection order will be issued by the courts. Under U.S. law any crime victim, regardless of immigration or citizenship status, can call the police for help or obtain a protection order.

What happens next?
There are three ways immigrants who become victims of domestic violence, sexual assault, and some other specific crimes may apply for legal immigration status for themselves and their child(ren). A victim’s application is confidential and no one, including an abuser, crime perpetrator or family member, will be told that you applied.
- Self-petitions for legal status under the Violence Against Women Act (VAWA)
- Cancellation of removal under VAWA
- U-nonimmigrant status (crime victims)

In your case, this falls under the last item.

You by no means are required to "work things out" with your abusive spouse. You are not bound by them. You are not their slave. You will not be detained or criminalized if you are truly a victim of crime (blackmail/coercion). Save all text messages (contact your phone carrier to get evidence that they are not falsified) and contact a public defence attorney, if the police did not already issue you one when you called 911. If this is a less-serious issue that doesn't require law officials and/or attorneys, you can go to your local public courthouse and speak with an Arbitror, who will mediate between the two of you.

In any situation where your spouse explicitly states that they will not continue supporting you under the k-1 visa, they have knowingly committed perjury by way of defaulting against their Form I-134, Affidavit of Support. This is another punishable offence. Quote of said form:

Oath or Affirmation of Sponsor
I acknowledge that I have read "Sponsor and Alien Liability" on Page 2 of the instructions for this form, and am aware of my responsibilities as a sponsor under the Social Security Act, as amended, and the Food Stamp Act, as amended. I certify under penalty of perjury under United States law that I know the contents of this affidavit signed by me and that the statements are true and correct.

The short version:
You are a victim of a crime.
You are legally obligated to receive help from law enforcement.
Your spouse can go F themselves for attempting entrapment and blackmail/coercion by means of perjury, and will likely got to jail as a result. (No offence.)

Do not hold these facts over their heads, mind you, or you will also be guilty of blackmail/coercion in much the same way as they are. Simply call 911 the moment you find yourself in this situation, and document EVERYTHING. Write a diary of what happens (and what is said) on any times/dates and take it up with the law enforcement. Period.

Best of luck.