GeoffM

Can somebody who is currently on a K-1 visa but no longer going to marry because of physical abuse from her ex-fiance switch to a U1 nonimmigrant visa/status? And if so, how long would that take given she's over half way through the 90 days?

Switching visa/status might not be the correct term to use. The longer version: So she (let's call her K) had a genuine relationship with a USC, promised her the world etc, but when K turned up in the US he lived in a filthy apartment with his dad, and lived off his dad's pension (unemployed). Nevertheless she persevered and spent hours with the future FiL in hospital getting dialysis, washing him, fetching stuff etc. My wife happened to be doing the dialysis one day so they got talking (both Filipinas). My wife realised K was suffering as she was exhausted, relegated to sleeping on two regular chairs while the future husband slept on the comfy chairs. Things took a violent turn when we went on vacation: not to go into detail too much but lots of blood, neighbours calling the police, her ending up in a church shelter. Yesterday I picked her up and she's now staying with us before her return flight (paid for by the Philippine Embassy) before the 90 days. K has been really resourceful and had a lot of help from church and friends so she now has medicare, psychiatrist for PTSD, access to a lawyer, etc. I learned a bit more yesterday that the abuse included psychological - simple things like lying about paying $$$ for a SSN, denying basic healthcare, being told she's ungrateful (even though she paid most of the K-1 costs), etc - and the physical already mentioned but was far more than the bloody incident. Absolutely horrific. It's one thing to read about it in the newspapers; it's quite another when a small, young girl pours her heart out in front of you. But she is doing okay now, in relative terms.

As per my opening line, does she have any options of staying here if she wants to? She's quite prepared to go home and has withdrawn the police report because she doesn't want a long, drawn out investigation. Already she was traumatised given statements to the male officers who apparently had no sympathy. She does at least have a lot of evidence, photographic, DNA, neighbours etc. And if she was granted U-1 status (this idea came from the legal help she was given), how long before she could apply for a GC from it (I understand there are paths to a GC from U-1, even though it's a NIV)? No children; just her.

As I say, she has a lot of help but I would like another perspective from the regulars here. Thanks.

civilservant

I have no direct experience, but it seems me to that withdrawing the allegations was the very worst thing she could have done if she wanted to pursue a U1, because now there is no criminal complaint that the law is investigating....

GeoffM

Indeed, I said to her that she might need to reconsider that. I really can't blame her for not wanting to relive it, and after her experience with the police. Damned either way really. I don't know if an open investigation is required for U-1.

civilservant

What i read suggested that her 'helpfulness' (is/was/could be) is required to be certified by a Law Enforcement Agency. Seems unlikely to happen in this case since there will be no prosecution.

GeoffM

Well, there is a case number, with victim/witness/perp statements and evidence so she has cooperated, assuming you're referring to the " You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. " requirement. That wording implies that a prosecution is not actually necessary, but leaves a grey area as to what the investigation must include.

civilservant

I would assume that a legal consultation would be the way to go here - with respect to the GC, 3 years in the U1 status will allow per to gain LPR from my brief reading.

GeoffM

As I said earlier, she has this already. I'm just asking here for a second opinion. I have no idea how experienced her lawyer is in immigration matters.

Thanks.

Rete

Is there a reason why she just doesn't get on the plane and go back home? Is it because there is a chance of a possible green card in the future?

az2014

My thinking too.

Obviously its bad what happened to her but surely she should just go back home. Staying just looks like she is using this whole scenario to get a green card.

Rete

I would think the love and comfort of family would do much to soothe the emotional pain and distrust that she must be enduring at this time.

jxv73

K cannot apply for AOS, the law on this is very strict. Assuming she could qualify for a U visa, she would be stuck in limbo after 3 years See this case.
,
Now, more generally, the U visa is backlogged, capped at 10000 visas per year. USCIS gives applicants who have been "pre approved" the right to get an EAD
A law enforcement officer certifies that the victim is cooperating .
A relative worked in an immigration office in Florida that handled U and VAWA visas exclusively, she was able to do this only for 6 weeks - very difficult work
As Rete suggested, going back home is likely the best option.

RICH

I think that Geoff's question is quite academic. He said she was prepared to go home. But why not explore the other options, obviously K was not averse to living in US and has some kind of support system here. Personally I have no info to give, but it is an interesting, but sad, scenario.

scrubbedexpat099

A ping around and you will find many similar cases, often involving PI.

Obviously a bad marriage is no basis for a U, however we are dealing with often a case where there has been significant family investment.

Nutmegger

But the relationship didn't even get as far as marriage -- and would the fact that she apparently paid most of the K-1 fees herself not look good to an adjudicator?

scrubbedexpat099

Sorry relationship should have been the word used, I think the prior ones I have seen were married but did not adjust.

U Visa requires amongst other things a letter from the Prosecuting authority that she has helped in the criminal investigation.