Is'nt it correct that He did fraud by not filing K 1 visa for me? How will it be conceived in the court?

Asked almost 2 years ago - Houston, TX

My husband is a US citizen. When we got engaged, he did NOT filed K1 visa for me, but instead he asked me to file a tourist visa. I did that and got a tourist visa. Then after, in US we got married. Now we are divorcing after 1 year. He is claiming in court that I did fraud because he was my fiancee and I came to US on tourist visa. He wants more community property based on this claim.

Is'nt it correct that He did fraud by not filing K 1 visa for me? How will it be conceived in the court? Did I do something wrong?

Attorney answers (4)

  1. Albert H. Valk

    Contributor Level 12

    2

    Lawyers agree

    Answered . It is more a divorce case question. He may have a point in indicating that you had immigrant intent when you were getting a visa, which you did not disclose to the consular officer. However, I think you should have no hard time defeating that point in divorce setting saying that you both share responsibility for this action. The main issue here is whether you married in good faith and lived together as husband and wife. On top of it, possibly, if you don't have a green card yet, you may claim being a victim of mental abuse (but need to know much more about the case to assess the strength of this claim). Good luck!

  2. Haroen Calehr

    Pro

    Contributor Level 17

    Answered . Remember, you signed the form DS-160 under penalty of perjury not your husband and you attended the interview at the Embassy/consulate, and you presented your self to the CBP officer at the port of entry and asked to be admitted as a visitor on a B-1/B-2 visitors visa. However, you may have not been familiar with US immigration laws, visas and procedures and detrimentally relied on your US citizen husband for guidance. In addition, if you and your husband got married after 60 days having been in the US post entry on your B-1/B-2 visitors visa then your fine, one can change one's intent in the US safely after 60 days. If its after 30 days but before 60 then the burden falls on you to proof to immigration by clear and convincing evidence that you initially intended to enter the US to meet your fiancee but wasn't sure whether you wanted or were going to get married. Also as the other colleagues mentioned if there was any emotional or physical abuse in the marriage you may be able to file for VAWA-Violence Against Women's Act, and file for your own green card. BUT you must consult with a competent immigration attorney to fully explore all viable options at your disposal.

  3. Lalita Haran

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You or your husband is mixing family law with immigration. Court would not consider visa fraud issue in property division. You should most certainly seek an immigration help. Best Wishes.

  4. Eric Elliot Ludin

    Contributor Level 11

    Answered . I agree with Mr Valk.You really must meet with an attorney to review this situation.

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