Legal Question in Immigration Law in Wisconsin

i am indian girl,right now i am in usa on k1 visa ,

we got engaged in feb and after that my fiancee filled application for fiancee visa,but before my interview he came india and we got married,and he said when i will comw america he will marry as soon as possible, but now he is not marrying me and saying that just go back ,he abuse me,he tortured me mentally and physically.

he just trying to prove that i am seeing someone and trying to prove me characterless

i just want t know do i have some rights???


Asked on 1/31/11, 3:36 pm

2 Answers from Attorneys

Attorney Caro Kinsella Law Offices of Caro Kinsella

Under a K-1(fiance visa) or K-3 (spouse visa); only the original petitioner can file for you. So if the original petitioner does not file for you, then you must return to your home country and file further immigration papers from there.

However, the exception to the above rule is if you file for a VAWA (violence against women act), if you were married as you state you were in your question. You can do this while in the U.S. Your petitioner will not know you filed this so you are protected. But you would need to consult with an Immigration attorney who can advise you further in this matter. Feel free to contact me so I can further assist you.

Good luck

Attorney Caro Kinsella

Read more
Answered on 1/31/11, 5:13 pm
Seeta Nangia Law Offices of Seeta Nangia

If you are in the United States and report any abuse that your husband/fiance commits against you to the police, you may also qualify for a U visa. U visas are available to those who have victims of a crime that have been reported to the police and you are also helpful in the investigation of the crime. Please feel free to contact me for a consultation.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

Read more
Answered on 2/04/11, 4:22 pm


Related Questions & Answers

More Immigration Law questions and answers in Wisconsin