Internet Forums are there to educate and it is also a place for people to share experiences which might assist someone else down the road. This forum message might be a little lengthy but there is food for thought on many fronts, with information that will assist a few different personal agendas.
1. If you are a United States of America citizen (expat), and you are in the process of sponsoring an Immigrant fiancée (K1 Visa), and you are planning to marry and live in the United States.
2. If you are a United States of America citizen, who is newly married to an Immigrant spouse and you are living in the United States, and your Immigrant spouse has falsely accused you of serious allegations in your own "state" of residence.
Read about the Violence Against Women Act (VAWA).
In the United States of America you are innocent until proven guilty. Yes and No. That is not the case when dealing with a “state” Temporary Restraining Order (TRO), and false verbal allegations through the legal / court system.
With “state” domestic violence laws, coupled with easy false verbal allegations through the court system, “and then you add” the “federal” Violence Against Women Act (VAWA), and you have a perfect Immigration platform for those few dishonest Immigrants attempting to stay in the United States.
The United States is a country of Immigrants, and the “federal” laws are there to protect the newly arrived Immigrant fiancée / spouse. There are different laws and rules!
Very Important - The Violence Against Women Act is a needed legislation, but VAWA is huge with many chapters, paragraphs, and words. The Violence Against Women Act should be re-authorized, but within the wording of VAWA there is currently a leak in the Immigration process. The leak might be small, and maybe, it is easy, for a dishonest Immigrant (terrorist?) to gain access and live legally in the United States.
I-797C Notice of Action - Form I-485 Interview
Important - Before my Immigrant wife received her initial United States of America Permanent Resident Card (green card), I / we were never instructed to attend a I-797C Notice of Action / Form I-485 Application to Register Permanent Residence Personal Interview (stokes interview). There was no Interview.
Currently the United States “federal” laws do not require a mandatory personal Adjust Status Interview with every Form I-485 application.
June 1990 to March 2003 - I was a Expat, residing in Bangkok, Thailand.
September 9, 2005 - I met my Immigrant fiancée during a holiday on the Thai island of Koh Samui (where my father lives).
December 2005 - Immigrant fiancée applied for her K1 Visa at the United States Embassy in Bangkok.
May 24, 2006 - Immigrant fiancée had a personal interview at the United States Embassy, and she received her K1 Visa.
May 28, 2006 - Immigrant fiancée arrived to Honolulu, United States.
June 9, 2006 - Immigrant fiancée and I were married.
NOTE (Honeymoon) - One month after my Immigrant wife arrived to the United States, and three weeks after we got married, she was diagnosed with tuberculosis. A few weeks later I was informed that I was latent TB.
August 28, 2006 - Immigrant wife mailed her required paperwork to the USCIS California Service Center (USCIS Forms 1-485, G325A, I-864, I-765, I-693 with tuberculosis X-rays and I-131).
February 25 to April 26, 2007 - Immigrant wife was in Thailand visiting her family.
Early April 2007 - While Immigrant wife was in Thailand, her Permanent Resident Card came in the mail, with May 9, 2009 as the expiration date.
April 26, 2007 - Immigrant wife arrives back to Honolulu, and her Permanent Resident Card is waiting for her.
June 1, 2007 - In a conversation my wife asked me for a divorce; which she documents in her diary. My wife did not pursue a divorce, nor did we get a divorce, but our marriage was never the same. Heck, we had just finished our tuberculosis treatments.
My wife traveled home to Thailand to visit her sons and family during these periods.
1st Trip - February 25, 2007 to April 26, 2007
2nd Trip - September 16, 2007 to November 11, 2007
3rd Trip - January 10, 2008 to February 24, 2008
4th Trip - May 1, 2008 to June 5, 2008
5th Trip - July 13, 2008 to September 11, 2008
This was part of the extensive "Thailand" security check that my fiancée / wife had to go through. In her diary my wife wrote the following about her Thailand (United States) K1 Visa application experience.
December 2005 - I prepared all of the documents and I had XXX (my wife’s son’s Thai father) sign in affirmation the custody of our two children over to me. I really felt sorry for him. He asked me, “What else do you want me to do? I’ve done everything already.”
When the Nakorn Si Thammarat Deputy Chief Officer asked me who had been responsible for the expenses, I did not answer. My Aunt XXX answered for me, “They both helped out”. All the Deputy Chief Officer could do was look into my face and he knew there was a problem, but he helped me by having XXX (my wife’s son’s Thai father) sign up front. Even though the documents were not ready, he wanted to help. He did not want any problems to pop up.
The next day I took the documents to the Deputy Chief Officer and he told me he knew I had a problem, he said, “you did not answer, but someone else answered for you.” All I could do was smile and thank him for his understanding.