Protecting K1 Filipinas – Answers to your questions.

You came to the United States to pursue the American Dream with your future spouse. But after marriage things went very wrong! Don’t despair, at Weisberg Law Office we specialize in rescuing your American dream by getting you residency despite your need to escape your abusive relationship.

K1 Fiancés are particularly vulnerable because many may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, K1 Fiancés are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many K1 Fiancés to remain in abusive relationships.

This FAQ page will explain your responsibilities as a K1 Fiancé and discuss domestic violence and inform you of your legal rights.

Q1: What are the rules for K1 Fiancé Visa holders after entering the U.S.?

A1: If you arrived in the U.S. in K-1 nonimmigrant status (as the fiancé(e) of a United States citizen). You are required to either marry the United States citizen within 90 days of entry or to depart the United States. Following your marriage to the U.S. citizen who petitioned for you, you must file an Application to Register Permanent Residence or Adjust Status. If this application is approved, your status will be adjusted from a K nonimmigrant to that of a conditional permanent resident. You will have that conditional status for two years.

If you remain in the U.S. without marrying the U.S. citizen who sponsored your K-1 visa, or marry someone else, you will violate the terms of your visa, have no legal status, and may be subject to removal proceedings or other penalties.

Q2: What’s next after a K1 Fiancé obtains conditional residence status?

A2: Ninety (90) days before the second anniversary of your conditional residence, you and your spouse must apply together to remove the conditions on your lawful residence. To do so, you must prove the marriage is in “good faith” and valid. Once the conditions are removed, you have permanent residency that is not dependent on your U.S. spouse.

Q3: What if my spouse refuses to help me remove the conditionality of my residence?

A3: There are three situations when the law allows conditional residents the option to request a waiver of the requirement that you and your spouse file jointly to request removal of the conditions. 1) The removal of a conditional resident from the U.S. would result in extreme hardship; OR 2) The marriage was legally terminated, other than by death, and the applicant was not at fault for failing to file a timely application to remove the conditional residency; OR 3) During the marriage the U.S. citizen or lawful permanent resident spouse subjected the conditional resident to battery or extreme cruelty. All three waivers require you to prove your marriage was in “good faith” and not fraudulent.

In addition to these three waivers, if you suffered domestic violence (were in an abusive marriage( you may get permanent residence through the Violence Against Women Act (VAWA). If you qualify for VAWA this is the preferable method to get permanent residence because you will receive immediate and other benefits not available when applying for a waiver.

Q4: What is domestic violence?

A4: Domestic violence is a pattern of behavior when one intimate partner or spouse threatens or abuses the other partner. Abuse may include physical harm, forced sexual relations, emotional manipulation (including isolation or intimidation), and economic and/or immigration-related threats. Most recorded incidents of domestic violence involve men abusing women or children.

Domestic violence may include sexual assault, child abuse and other violent crimes. Sexual assault is any type of sexual activity that you do not agree to, even with your spouse, and can be committed by anyone. Child abuse includes: physical abuse (any injury that does not happen by accident, including excessive punishment), physical neglect (failure to provide food, shelter, medical care or supervision), sexual abuse, and emotional abuse (threats, withholding love, support or guidance).

This means that not only do you qualify for permanent residence if you’ve ben abused by your spouse but you will also qualify if your child(ren) suffered abuse.

Q5: If I am a victim of domestic violence, sexual assault or other crime, what immigration options are available to me?

A5: There are three ways K1 Fiancés 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 K1 Fiancés 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)

These immigration benefits each have specific requirements that must be established.

Get your confidential consultation today to discuss how
any of these immigration benefits may affect or assist you.

Q6: What if I separate from or divorce my spouse before removing conditions on my residency?

A6: If you’re considering separating from or divorcing your spouse during the conditional residency period – the first two years of marriage – this could have a major impact on your immigration status even resulting in your being placed in removal proceedings!

If you’re in an abusive marriage, however, you don’t need to remain married nor be concerned about your immigration status and possibly being returned to the Philippines. Make a smart decision and allow Weisberg Law Office to help you navigate this difficult time and protect your immigration rights. We have a perfect record obtaining permanent residence for our clients. You will be immediately eligible for public assistance without being subject to the public charge bar to permanent residence.

Q7: What if my spouse refuses to show up for the Green Card interview?

A7: A successful Green Card interview depends upon your spouse appearing and supporting your application to remove the conditionality of your residency. If your spouse is absent, even if you think you can explain this absence, immigration officials may conclude that your spouse is not cooperating in removing the conditions on your residency resulting in cancellation of the immigration process and your placement in removal proceedings!

If you’ve been in an abusive marriage Weisberg Law Office can help you avoid immigration problems as a consequence of separation or divorce and help you obtain permanent residence.

Q8: Can I get divorced after I’ve received permanent residency?

A8: Although divorce will not affect your permanent residency if you’ve already obtained removal of conditions, depending on various circumstances it may affect your eligibility to become a U.S. citizen.

If you are considering applying for U.S. citizenship after a divorce, make sure you have the advice of an immigration attorney to guide you through this process. Contact Weisberg Law Office today for help.

Q9: How can I prove the authenticity of my marriage in case of divorce when applying for citizenship?

A9: By submitting proof of your marriage, such as documents evidencing joint ownership, photographs showing the couple’s relationship, and testimonials from friends and family who can support the authenticity of the marriage, you may demonstrate to immigration authorities that the relationship was real and your marriage was not fraudulent.

If Weisberg Law Office helped you obtain your residency after an abusive marriage you have already proven to the satisfaction of USCIS that your marriage was not fraudulent. Contact us and we’ll ensure a smooth and stress-free process in obtaining your citizenship.

Q10: What happens if my spouse dies before I obtain permanent residency?

A10: If your spouse dies before you obtain permanent residence, there is a special exemption called the “spousal death exemption”. To apply, you must show that the marriage was bona fide and that you did not marry solely for the purpose of obtaining residency. You must also provide documentary evidence of the relationship and of the death of the spouse. When your exemption is approved you will be given permanent residency.

What’s the Bottom Line?

If you’re in an abusive marriage you don’t need to suffer and wait out two years of conditional residency hoping that your spouse will support your application to remove the conditionality of your residency. Our clients ALWAYS get their residency without having to suffer years of further abuse. You can escape your abusive relationship without waiting years and still obtain your residency. You will immediately be eligible for public assistance and NOT be subject to the public charge bar to residency!

Contact Weisberg Law Office and obtain
the experienced assistance you deserve.

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Disclaimer: Due to the rapidly changing nature of law and our reliance on information provided by outside sources, Weisberg Law Office makes no warranty or guarantee concerning the accuracy or completeness of this content. For further information please view our Terms & Conditions.