Beneficiary K-1 abused by usc petitioner. They did not get married. They have a child.The real question abouth ths case is that the beneficiary entered as a K-1, the petitioner never married him, they have a USC child. He has proof that she abused him. Now, my question is, is it possible to do an I-360 abused spouse petition based on the abused by the USC petitioner in order for him to adjust. I know one of the requirements for that petition is that they have to be married... but they never did... Does anyone think it's possible to do that case by proving legitimate relationship in lieu of marriage. He has all the other requirements.
I'm not sure what your question is. At present we have no VAWA self-petition law. Further, there does not appear to be a marriage (a requirement of a self-petition.)
Talk to a lawyer to see what other options may exist.
LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.
Excellent question on a very important topic - Thank you for posting.
First things first - - CALL 911 - - IF ANYONE'S SAFETY OR LIFE IS IN DANGER, CALL 911 or your local NYPD precinct. In Flushing, contact the 109th Precinct at (718) 321-2250, Address:
37-05 Union Street, Flushing, NY, 11354.
The police can help by immediately removing the abuser from the home and/or finding the victim and child a safe place to stay. The police can also make sure the abuser stays away by filing or helping the victim request a restraining order of protection.
The most important thing is to keep safe, ESPECIALLY if a child is involved.
Since the very beginning of my career, I have helped many non-U.S. citizen victims of domestic violence understand their immigration options and file the necessary petitions, forms and evidence to apply for legal status in the U.S.
There is hope. And, THERE ARE OTHER OPTIONS, even for victims who are in the U.S. on a K-1 fiance visa, even if they did not get married. Self-petitions or VAWA is not the only way for abused victims to apply for legal status. There are other special types of visas and applications that may be a better fit. To figure out the best option in this scenario, I would need a bit more information.
I strongly suggest you contact an Immigration attorney to discuss options, or, many social workers can give you information about how to contact a lawyer too.
You are welcome to contact me personally, here is my cell phone # (917) 826-5169.
We can talk on the phone or set up a meeting at my office, which is open 7 days/week from 9AM-9PM. My consultation is free of charge and 100% confidential.
For any path you choose to take to end the abuse, I wish you all the best.
Attorney at Law
Law Office of Rachel Einbund, PC
168 Madison Avenue, 7th Floor
New York, NY 10016
Office: (212) 252-2125 (7 days/week, 9AM-9PM)
Fax: (212) 252-2169
Cell: (917) 826-5169
Email: [email protected]
To avoid any unintended negative consequences of filing, I strongly recommend seeking assistance and advice from an experienced immigration attorney.
You might qualify for VAWA once Congress reenacts it.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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