K-3, VAWA - tough case for German

[kf6vci]

Hi All: greetings from Scotland! I would like to ask you for advice. DOM: 10/04 in CA, DOS: 03/2005 (after I put the marital home into joint tenants). This was very painful as my wife looted all my belongings, stole my mail, removed the checks and somehow managed to cash some for thousands. Broke, homeless, without access to the home office - no green card or work permit, I slept in my truck for weeks. My wife filed a TRO but the judge said she had "no grounds". But she cried in court and one was granted. she never bothered to serve me and got away with it somehow. I feel strongly about this and wonder if this is how constitutional rights are violated?!?
My Prospective Investor VISA expired and I left the country May 31st 2005 and got a job in the UK. ** As a member of a development LLC, I still want to return as a visitor and find out whether I can patch up my marriage or get a divorce. ** Q: how are my chances for a K-3 VISA? A few months would be all it takes... Doing this from overseas is tough. ** To my surprise, apparently my spouse called the DHS and 3 agents descented upon our sleepy desert town, "looking for me". I work for a US company requiring Federal background checks and cannot believe that the DHS were looking for me with both FTB and IRS having my overseas address and me never even coming as near as 3000 miles to the U.S. borders. - Like with the TRO, I hope this will get cleared up. But the DHS agent never takes or returns phone calls.
Thank you. Chris P.S.: someone entered f a l s e information in the database and I get detained every time I get fingerprinted but they never corrected this so I complained to the Ombudsman as this is a scary waste of resources.

 

[arranger]

K-3 may be a tough one

sorry to hear about your situation. unfortunately it is all too common. much of what happened to you would have happened to a USC as well, but in your case you had the added vulnerability of being here on NIV.

that being said, your question is about the K-3. you did not state where you are in the IV process-- have you already filed the I-130? i take it you were married in US, correct? if so, has I-130 been adjudicated or approved yet? if not, it seems likely she may have sent correspondence to CIS withdrawing her I-130, which she can do at any point prior to approval. a pending I-130 is required for K-3 status. if she has withdrawn, then you are out of luck as far as a K-3 is concerned. same goes if there never was one. if appointment notice appears in meantime, she will probably either withdraw then or not show, which will terminate it anyway.

if you do have a pending I-130, then you should be eligible. question is, what is the nature of this lookout that gets you stopped at entry? if it pertains to the validity of your marriage, then that will trigger secondary and further questions about the marriage. technically, there is nothing they can say about that, as long as you are still legally married. just be aware that they may try (at the airport). or the consular office may be aware of it at embassy and question you then.

the good news is, if you are carrying german passport and did not overstay your investor visa, then i would think you would have a good shot at getting a B-2 visitor. only catch being you cannot be approved if there is a pending IV petition. any reason you can't go that route?