It's been awhile since I posted on this forum,but I have been in the back ground watching how everyone is doing.
Anyway here's my problem.
My Daughter came to the USA with me on a K1,She was a K2 We will be filling for our unconditional residence in may.
The problem I have is in July last year my Daughter Married a guy in the millitary,it only lasted 2 months as he was beating up on her.
She has a restraining order on him and has been trying to get him to Divorce her of course he will NOT!!!!
She did not take on his last name as she wasn't with him long enough to change anything.
She was going to go through the millitary for change of status but with everything that happened it never got started.
Is there anybody who can advise me on what to do about informing INS about her situation????? As They were never informed about her marriage to the guy or the break up,We have kept the letters and restraining order for them to see why she did not think it was worth while letting them know she was married.
Please any advise would be of great help.

Sal

Ugh, that sucks!


I'm pretty sure that when she divorces him, he divorces her at the same time! I don't believe she needs his permission.


I'm pretty sure that since she's married - whether or not it lasted, and whether or not USCIS knew about it - she's no longer covered by the K-2, and so cannot adjust status under that visa. I'm sure I'll be corrected if I'm wrong about this.

Ian

Sal

Ian's correct. USCIS does not have to deal with her marriage or divorce. Her conditions do not hinge on that but on your status.

File as you would have normally.

Also get her an attorney. The bum does not have to agree to anything nor does he have to sign anything. He can be divorced in absentia.





I'm pretty sure that when she divorces him, he divorces her at the same time! I don't believe she needs his permission.



I'm pretty sure that since she's married - whether or not it lasted, and whether or not USCIS knew about it - she's no longer covered by the K-2, and so cannot adjust status under that visa. I'm sure I'll be corrected if I'm wrong about this.

Ian[/QUOTE]

I'm pretty sure that since she's married - whether or not it lasted, and whether or not USCIS knew about it - she's no longer covered by the K-2, and so cannot adjust status under that visa. I'm sure I'll be corrected if I'm wrong about this.

Ian[/QUOTE][/QUOTE]

Hi and thanks for your replies.Ok I'm at a loss here,If she is no longer on a K2 How do she apply for change of status???? We were due to send the next lot of paperwork off in may ready for the removal of conditions,What do I do about hers?????????

Sal

Are you and your daughter already residents and applying for removal of conditions in May or are you both still waiting to file for residency? It makes a difference.

R




[/QUOTE]

Hi and thanks for your replies.Ok I'm at a loss here,If she is no longer on a K2 How do she apply for change of status???? We were due to send the next lot of paperwork off in may ready for the removal of conditions,What do I do about hers?????????[/QUOTE]

[QUOTE=Rete]Sal

Are you and your daughter already residents and applying for removal of conditions in May or are you both still waiting to file for residency? It makes a difference.

R




Hi Rete

We are already residents and will be applying for removal of conditions.

Sal

[QUOTE=sal_whit]
Phew that is what I thought. When you said you were going for unconditional residency it could have been taken either way by people.

1. You were yet to adjust status and when you did it would be after your 2nd wedding anniversary; or

2. You were a CR and were going to remove conditions.

I was 99.99% sure that you both had already adjusted status.

When you apply for removal (I-751) your daughter is included in your petition. Her conditional status is derived from your status as is her removal.

To make you feel more comfortable with what to do, spend the money required for a consultation with an immigration attorney, even if it is a telephone consultation. Getting the correct information from a person who can confirm the law will help you to sleep better at night.

Good luck to your daughter in getting the <bad language adjective> husband out of her life. Get an order of protection, file for divorce and/or annulment if applicable, and don't be afraid to report any infractions of the order to the police.

Rete

Thank you Rete,You always are a great help to the people in this forum!!
Its been a worrying time for us,Just hope it gets better.
Sal

I've been watching your post. I couldn't give any advice but I'm glad to see you got what you needed. Best of luck.

Thank you I think we will need it.

Sal

I am not an attorney but in reading that the marriage only lasted 2 months, I wonder if instead of Divorce does she qualify for Annulment?

Hi Duckie

We looked into that but we were told because he is millitary he is the one that has to do that???
Of course he will not do such a thing,He said he will not let her go and she will have a long wait if he has to do anything.
It is Maryland law the she has to be married for a year before she can file for divorce!!!!

Sal

Okay... one word - Reno!

Ian

Sal

Did an attorney tell you this? I don't think it is correct. I looked up the general particulars of divorce laws in Maryland

http://www.divorcesource.com/info/di...maryland.shtml

I would believe your daughter easier falls under the cruelty and violent areas which are bases for divorce in Maryland.

Rete

Thanks again Rete we will look into that one!!!!!!!!! Yes we did see a lawyer about the divorce and because he didn't hospitalize her etc,It would be hard to go for cruelty and violence.

Sal