Joseph, 68 years old US citizen, sent me a disturbing email. He stated that he plans to petition, as his adopted daughter, a 19 year old girl she met in a restaurant bar in Southern Philippines. According to his email, he is single and he has no “intent to marry” this Filipina. He just wants to treat this “child” as his own daughter, to send her to school and give her a good a future in the US.
While technically, this US citizen petitioner will not succeed in his intention of filing a petition as an adopted child for the 19 year old girl, there is still something suspicious about his intentions. Under the Immigration and Nationality Act, to petition an adopted child, the adoption must take place before the child turns 16 years. Obviously, his intentions are suspicious when he mentioned at least three times in his email that he has no intention to marry the young Filipina.
This situation is just the same as a US citizen asking how she may obtain a visitor visa for her 18 year old Filipina girlfriend whom he recently met in Manila. According to him, he plans to marry her girlfriend but wants her to stay in the US first as a visitor. When I suggested fiancé visa, he brushed aside the idea. It turned out that he was a married man and wants her girlfriend to be in the US where he can easily reach her when he wants.
Both cases raise red flags for potential abusive relationship.
Actual Intent
The K1 visa is granted to a fiancé of a US citizen. The purpose of this visa is for the fiancé to enter the US and marry the US citizen within 90 days of his or her arrival. This is the appropriate visa for those wanting to marry their US citizen petitioners. Many immigrant families start through this process of petitioning resulting in success stories.
There are also unfortunate cases of “fiancé” visa holders who were not able to obtain their appropriate lawful permanent resident status. This happens when upon arrival in the US, the relationship of the petitioner and his/her fiancé turns bitter resulting in refusal on the part of the petitioner to file the appropriate petition for their spouse. Worst is that the petitioning US citizen refuses to marry his/her fiancé within 90 days and the fiancé falls out of status. Under the law, if the marriage does not occur within this 90 day window, the K1 visa holder must depart the US.
It is not uncommon to see failed or abusive relationships in K1 visa cases. And if this happens, most of the time the K1 visa holders opt to remain in the US even if their US citizen petitioner refuses to sponsor them or even to marry them. In such cases, the K1 visa holder falls out of status and is considered as“TNT” or an undocumented alien.
Reliefs Available
There is a bar to obtaining green card for fiancé visa holders who failed to consummate their marriage with their K-1 petitioners. This means that even if the fiancé visa holder later marries another US citizen, other than his or her petitioner, the law does not allow the adjustment of status to lawful permanent resident. Instead, she shall be required to depart the US and failure to depart will render the fiancé as subject to deportation or removal.
There are reliefs available for those who are victims of domestic violence or have been victims of certain crimes. The “U” visa may be applied by a person who has suffered substantial physical or mental abuse as a result of having been a victim of one or more crimes. Among those enumerated crimes are rape, trafficking, domestic violence, sexual assault and abusive sexual conduct.
Another type of visa that may be availed of if the fiancé turns out to be a trafficking victim is the “T” visa. It is granted to those who have been subject to “severe trafficking” which is defined as the use of force, fraud or coercion for sex trafficking or involuntary servitude.
Laws Are Not Substitute to Vigilance
It is difficult to determine in fiancé visa petitions on whether the couple are planning to build a life together or are just using each other for their selfish interests. Meeting one’s fiancé through the internet and proposing marriage after few months of communication raises a red flag. True, there is such thing as love at first sight but this is not often the case.
Beneficiaries of fiancé visa petitions must be on their own lookout when they migrate with their US citizen petitioner. They should get to know the person they intend to marry well and should familiarize themselves with the new environment of their future US residence. It will always be good to identify support network whether it be a relative or a friend in the event no marriage occurs or if the marriage fails.
Indeed, there are safeguards placed by legislation to protect abuses of fiancé visa petitions. But laws are not substitute to vigilance. Future fiancé visa holders must be alert for signs that may indicate potential abuses.
(Tancinco may be reached at law@tancinco.com or at 887-7177)
