**If you have come to the United States as the fiancé(e) or spouse of a
U.S. citizen, you have the right to be protected if your fiancé(e) or
spouse is hurting you.**

**International marriage brokers legally have to provide their foreign
national clients with background information on their U.S. citizen
clients. But even if they haven't found information about a U.S.
citizen's crimes, it is possible that the citizen has committed crimes
of domestic violence in the past.**

> There are some U.S. citizens who have a history of committing domestic
> violence, sexual assault, child abuse or other crimes, but who may not
> have a criminal record for these acts and may have kept this
> information from their fiancé, spouse, or marriage broker. They may
> use the "K non-immigrant visa" process to help a foreign national
> fiancé(e) or spouse to immigrate to the U.S., and may then commit acts
> of violence against that person. If you have been brought to this
> country, you have a right to be protected from violence.

**You might not have known much about the person you came here to
marry.**

> If you have known the person for only a short time, or have gotten to
> know him or her over a long distance, he or she might not have told
> you all you need to know about his or her character.

**You might not have friends or family here, and that might make you
afraid to report it if your fiancé(e) or spouse is hurting you.**

> If you do not speak English and do not understand the laws of the
> United States, you might have been afraid to report acts of domestic
> violence, or to try to get help. Often people stay in dangerous
> relationships because of this isolation and fear.

**There are laws here to protect you, whether you are a citizen or
not.**

> Whether they are citizens or not, all people in the United States, of
> whatever race, color, religion, sex, age, national origin, or ethnic
> background, are guaranteed basic protections under the law. Domestic
> violence is illegal in the United States. Anyone who is being abused
> is entitled to protection under the law.

**What is domestic violence?**

**"Domestic violence" means acts of violence, including physical
violence, forced sexual acts, child abuse, and also mental or emotional
cruelty.**

> "Domestic violence" means acts of violence by someone who is now your
> spouse, or who used to be your spouse; or by someone with whom you
> have a child in common; or by someone who is living with you as though
> you were married, or has once lived with you as though you were
> married; or by someone who would be considered your spouse by the
> domestic or family violence laws where the violence happened; or by
> anyone else against an adult or youth who is protected from that
> person's acts by the laws where the violence happened.

You might have been physically "punished" by such a person.

> You might have been intimidated, isolated, and/or controlled by him or
> her. For example, he or she might not have allowed you access to your
> own money or to money shared by both of you.

You might have been denied food or medical services, or other everyday
necessities.

Your fiancé(e) or spouse might have threatened to take or deport your
child.

> Your fiancé(e) or spouse might have isolated you, keeping you from
> going to religious services; or telling you whom you can see and
> keeping you from communicating with family, neighbors, or others from
> your country or your ethnic group.
>
> Your fiancé(e) or spouse might be talking to you in degrading or
> insulting language, or telling you that you are stupid or
> unattractive, or that your culture is inferior. This wears away your
> sense of self-worth.

As a result of this treatment, you might have wound up without money or
friends, completely dependent on your U.S. citizen spouse.

**But you have legal rights. You can seek the protection of law
enforcement. You can seek an order of protection, or an order preventing
abuse, or a restraining order against your abuser.**

Abusive U.S. citizens will often threaten their immigrant spouses with
deportation, to keep them from calling the police or seeking other legal
protection from the abuse.

**SEEKING LAW ENFORCEMENT PROTECTION FROM DOMESTIC VIOLENCE
[CANNOT]{.underline} BE USED TO TERMINATE YOUR IMMIGRATION STATUS. YOU
WILL NOT BE DEPORTED FOR BEING THE VICTIM OF DOMESTIC VIOLENCE.**

**In the U.S., parents are required to provide financial support for
their children.** If you are separated from your child's other parent,
you might be entitled to child support from the other parent. You might
want to contact a lawyer or a voluntary help agency for additional
information on how to obtain this support.

**Your status and how you can ensure it.**

**1) If you enter the U.S. as the fiancé(e) of a U.S. Citizen:**

> As someone entering the U.S. as the fiancé of a U.S. citizen ("K-1
> nonimmigrant status"), you must either marry the U.S. citizen within
> 90 days of entering the U.S., or leave the U.S. at the end of the 90
> days.
>
> After marrying the U.S. citizen fiancé(e) who petitioned for you, you
> must file an Application to Register Permanent Residence or Adjust
> Status (Form I-485). If your Form I-485 is approved, your status will
> be adjusted, and you will now be a conditional permanent resident. You
> will have that status for 2 years.
>
> 90 days before the two-year anniversary date of your conditional
> permanent residence, you and your U.S. citizen spouse together must
> file a Petition to Remove Conditions on Residence (Form I-751). If you
> fail to file this form on time, you will lose your status as a
> conditional permanent resident. (Other requirements for this petition
> are included in the instructions to the Form I-751.)

**2) If you enter the U.S. as the spouse of a U.S. citizen who enters as
K-3 nonimmigrant:**

If you enter the U.S. as the spouse of a U.S. citizen, you must complete
your immigrant process in the U.S. instead of waiting for an immigrant
visa. You must file an Application to Register Permanent Residence or
Adjust Status (Form I-485), to get your status changed to permanent
resident.

If your Form I-485 is approved and you have been married less than 24
months, your status will be changed from a K-3 nonimmigrant to a
conditional permanent resident.

90 days before the two-year anniversary date of your conditional
permanent residence, you and your U.S. citizen spouse must jointly file
a Petition to Remove Conditions on Residence (Form I-751). If you fail
to file this form on time, you will lose your status as a conditional
permanent resident. (Other requirements for this petition are included
in the instructions to the Form I-751.)

**However, if you entered the U.S. as the fiancé(e) or as the spouse of
a U.S. citizen, and if you are the victim of domestic violence, or if
you have been divorced or widowed, your status can still be ensured**

> If you cannot file the form I-751 jointly with your spouse -- for
> example, if your U.S. citizen spouse has died, or if you have
> divorced, or if you have been the victim of domestic violence \-- you
> might still be eligible to file the Form I-751 on your own, without
> the aid of your U.S. citizen spouse.

In the case of domestic violence, you might also qualify for permanent
residence status as the abused spouse of a U.S. citizen by filing a
Petition for Amerasian, Widow(er) or Special Immigrant (Form I-360).

**Penalties for marriage fraud**

Immigrants cannot receive immigration benefits if they knowingly get
married in order to evade immigration laws, or just to obtain an
immigration benefit.

Conviction for marriage fraud can mean imprisonment for up to five (5)
years and fines up to \$250,000 (U. S. currency). Immigrants who commit
marriage fraud may be deported from the United States and may be
permanently barred from receiving immigration benefits in the United
States in the future.