OK, I am sure there is NOTHING that can be done but I'm gonna ask anyway.


We have a friend who came on a K-3 visa. His wife went nuts on him and he left last year in January, which was roughly 1 month before he was to apply for AOS. He just couldn't handle it anymore. He had a stamp "I-94" in his passport and a couple of lawyers told him that divorced or not, he could stay the full length of his visa without breaking any laws. His stay will be up in mid-June but we're wondering if there is ANYTHING he can do to stay.

If he gets married, can he file from here and just call it good?

Is it too late to file for "stupid wife went nuts on me and divorced me and then 1 month later married an egyptian only days after our divorce was final"?

If he does file for afore mentioned thing... what would he need as proof and what else might be required?.. seriously, the girl went mental, took all his money, didn't let him buy cigarettes, lied about being pregnant and then losing the baby, oh so so many things...it was insane!!!

Do u think he will get a 10 yr ban coz he didn't leave within 30 days of the divorce even tho the lawyer said the I-94 allowed him to stay the full time?

I'm fairly sure he will be fine and if he gets married, they can just file for CR-1 and proceed forth ... after he goes back to his home country, that is....

Thanks in advance for ur help!
amal

The K3 visa holder can definitely remain in the US until the I-94 expires. (two years from entry). If he married an Egyptian woman who is also a US Citizen, then yes, I think he's fine to simply adjust status. However, if she's not a US Citizen, that won't work. You left out a critical detail here.

I think he could also file to adjust status on his own based on having entered the marriage in good faith but he really should have done that as soon as the divorce was final.

Well, he's met an American woman but is hesitant to marry her just in case he gets the 10 year ban... He had no idea what to do and when she was so quick to get married after the divorce...he just wanted to be done. he was Heart broken.

He's done nothing to get a ten year ban and can probably adjust status on his own provided he can convince the adjudicator he entered into the first marriage in good faith. Filing to adjust status will change his status to "pending adjustment of status". I'd recommend he consult a competent immigration attorney but I'm quite confident he's totally legal at this moment.

Ppl who entered the US on any type of K visa can only adjust status being married to the original petitioner.

If he met someone new...then she woulod have to apply all over for a new visa....meaning that he woulod have to leave the US before his I-94 expires.

he may be able to file under vawa, let's see what the mermaid has to say.

Hmm. I'm not sure whether he would be successful with a VAWA claim or not, given what we know right now. If he has proof of her errant ways, testimony from friends and neighbours that attest to the untenable conditions, then perhaps. However, right now he has no overstay, and were he to return to his native land the American fiancée could petition him. I realise that he would be starting from scratch, but to succeed with a VAWA claim takes a fair amount of compelling evidence, but beyond that, the process is lengthy (can amount to years) and uncertain and an alien cannot remarry during the pendency. It's never a sure bet. On the otherhand, unless there are facts that have not been declared that could render the alien ineligible, the other options are more certain.

If it were me, I'd simply be prepared to return on a K-1 with the new fiancée or marry and pursue a K-3 or CR-1.

He doesn't really have any proof coz when he left, he had only been here like 6 months and she had just pretended she was trying to kill herself and also pretended that she was pregnant and lost the baby. He was at his wits end so he just packed up his clothes and took off walking. He knew he couldn't stay in her house one more minute. It was during the really bad winter 2 winters ago in Seattle. He still hasn't gotten all of his stuff from her yet. She took all his money that he brought with him when he got here and spent it on herself and her son. Then after the divorce, she didn't leave him alone until he paid her the 3000 dollar dowry. She then used that money to send herself to Egypt where she got married and has used the remainder of the dowry to file for her new husband. He has been working to save money to take home with him but during his stay here ended up meeting this woman so he's just really unsure what to do and what the best options are for them.
Thanks everyone for the helpful information. I hope we can help him.

amal

This is not true for K3, only for K1. A K3 visa holder can adjust on their own, if they entered the marriage in good faith, or they absolutely can divorce and marry another USC then adjust status based on that marriage.

K3 is not K1.

so if he were to remarry, he could just file to adjust status from here and everything should be ok?

He can't remarry until he divorces the first wife, which hasn't happened, right? First problem. Second problem....it's May 27th and if he isn't divorced yet, I doubt it is going to happen in the next 3 weeks, right? So, he definately needs to move on this quickly......I suggest an attorney as well.

Subject to determining the new marriage is bona fide, yes I think so. He is divorced already, right? Please confirm.

Its my belief he can stay. BUT he needs to file WITH an immigration attorney and write explanation letters, K3s dont have have that burder to adjust . He REALLY needs an immigration attorney. All this speculating is wasting valuable time. I personally think that because his wife has remarried, he is definitely divorced. He needs to get a copy of all this mess and then file using an immigration attorney.

Oh I understand now, he has already met a lady. I was thinking you were suggesting something else!

I hope these people have some ideas. It seems to me that he should have been able to adjust status by himself after the marriage. It was a boni fide relationship. I guess the problem is that he walked out, making it look shady. Thats the problem, in the time of hurt the last thing we are thinking is the consequences of our actions with the USCIS. I hope that one hasn't hurt him.

Man he has his work cut out for him, I wish him the best.

From the guides...



I keep reading advice to the contrary within threads. Is the guide wrong?

Yeah he is divorced. He was planning to leave in June by the expiration date until he met this woman. What kind of documents would pass as proof for him not being at fault for the previous marriage? He hasn't anything as she won't send him even the divorce papers. I'd be happy to be a witness as to what he went thru but I don't think it would be enough.

What about her family? Has any of them witnessed her odd behavious, and would they be willing to testify to it?

He could get copies of the divorce papers in the state she filed at.Second, none of you have heard her side of the story. ( She sounds like a fruitcake) but she could have caught him doing something, or chatting or plotting to leave her and she tossed him out. She also could have filed a complaint with ICE and USCIS as well.

I think he sounds like the more logical of the 2 but there could be mitigating circumstances as well


I do think its REALLY weird that she is already petitioning for another Egyptian. Is it that easy to turn around and get another spouse so fast? The interview for the new spouse in Cairo should be very interesting.. I can see it now.. The consul asking her husband if he knows about the one loose running around over here


I do think its VERY odd that she would not give him a copy of his divorce papers. That 3000 he had to pay back could have been for all her expenses getting him over here like his plane ticket and his immigration fees. I would love to hear her side of the story too. Is she a former VJer? Is it deemarbrouk?

no, this person has never set foot in VJ. Actually I have heard both sides of the story and talk to both of them regularly. I have known both of them for quite some time. I know exactly what she did and even her family told her it was her fault he left coz he really had no other choice. She made it impossible for him to live here. You should hear some of the ways she tries to justify what she put him through. It's not even right in any way, shape, or form. I don't know if her family would testify against her as they are somewhat a tight family. I am thinking that his best bet is to go back to Jordan and file CR-1 or K1 depending on if he marries or not... I dunno

Remember, the issue is whether he entered the marriage in good faith, not whether he was at fault in the divorce. Both could be true, one or the other, or neither. Only one matters.

Does anyone have an answer to this?

According to the above, the guy would be out of status and *would* incur a ban upon departure, no?

False. The provision that adjustment must be made through marriage to the original petitioner is true for all K type visas, K-3 included.



See, http://www.americanlaw.com/fiance.html

I'd like to see the actual USCIS regulation referred to but if correct, the person in question can still adjust based on the original marriage even after a divorce, provided the marriage was entered into in good faith.

I'll find the USCIS regulation, counselor Odd that you would question my source, but OK
And as to the suggestion that the person in question's ability to adjust through the original marriage after divorce, that is categorically incorrect. This person left the marriage prior to adjustment of status. The marriage was invalid prior to adjustment of status

From, DEPARTMENT OF JUSTICE Immigration and Naturalization Service 8 CFR Parts 212, 214, 245, 248, and 274a
[INS No. 2127–01] RIN 1115–AG12, ‘‘K’’ Nonimmigrant Classification for Spouses of U.S. Citizens and Their Children Under the Legal Immigration Family Equity Act of 2000.

Now will you conceed, pushbrk?

So they would self petition based on having entered the marriage in good faith.

Not quite. One would have to follow the context of the meaning of "Under the....." through all the available "unders", but even assuming that would cover nearly all and possibly all the "unders" available, where would you suppose that leaves the intending immigrant with respect to the policy of forgiving overstays and even illegal work when married to a USC who sponsors the status adjustment? Perhaps the answer is the same as with a K1 who doesn't marry the petitioner but I'm not yet convinced. Not all the possible avenues are covered by the quoted section and the alien was already married to the petitioning citizen, unlike with the K1. In any event the alien in question needs their own legal counsel. Where I think it leaves them is in the same place as the K1 beneficiary who arrives, then marries in good faith and divorces before status adjustment. Just where is that?

No need to get snippy every time we don't agree.

No one?

Well, everything that I'm reading online indicates that the lawyers gave the wrong information to this guy. He can't stay until the expiration of the I-94. He should have left the country within 30 days of the divorce. So he is currently out-of-status.

Out of status is not necessarily a serious matter. Now that he has actual plans to marry, I think he'd be wise to consult an attorney about those plans, a competent immigration attorney.

I think there's a good possibility they'll have good news for him. Often one empty glass is not the whole story. I suspect he'll find out something along the lines of "You can't do that but you can do this."

Well, specifically the K-1 fiance(e) falls under section 101(a)(15)(K)(i) of the Act; a K-2 child of a fiance(e) falls under section 101(a)(15)(K)(iii) of the Act, a K-3 spouse falls under section 101(a)(15)(K)(ii) of the Act and a K-4 child of a spouse under section 101(a)(15)(K)(iii) of the Act. Those being individuals that arrived on a non-immigrant visa.

I'm not snippy.....but I do take offense to your suggestion that I can't research the CFR.

The news for him will be that they will take him into custody if he shows up for an interview and put him into removal proceedings.

A K visa holder cannot change to any other kind of visa, and appartently he is in an overstay situation now. See the attorney, and then get out of Dodge. You cannot adjust status unless you are married to the original petitioner, and VAWA wont apply in this case, since it is all he-said-she-said without police reports, wriiten statements from professionals, etc.

Yeah, I have to agree.

In any case, he should see a different lawyer than the ones he's already seen since they all told him he could stay until the I-94 expires. I wouldn't be surprised if a different attorney gave him the same false information though.

Tell me, other than the provision afforded under VAWA, where any alien has the option of self-petitioning to adjust status in a marriage-based immigrant process, please. And please cite your sources for verification! Not only do you consistently ask me to provide mine (which I am happy to do, but to consistently ask suggests that I am offering solely an opinion that is not armed with corroborating legal excerpts). Suffice it to say that unless it is based upon knowledge of the regulations, I rarely post anything in the factual context. However, you consistently place statements (in numerous threads which appear to readers) that are not stated as your opinion, but rather as fact. While ordinarily that might not be a problem, I find that sometimes that factual information you offer is completely incorrect....and since you rarely provide your source, nor do you corroborate your statements with citations, so the readers are left to believe that what you state is right.

Maybe you don't care for a simple mermaid sweeping after to clear up the erroneous detritus you leave behind, but I see it as a duty to make sure that an earlier declaration by you that you are a lawyer does not lead people astray. I'm not sure why you felt it necessary to declare your profession, but there are some that choose not to state.

The attornies giving the information you're deeming false may be looking at more than one slice of the pie. As I said, the answer may be, "You can't do that but you can do this." His current plan is about more than how long can he stay.

Adjusting status is not changing to another kind of visa.

Overstays and even illegal work are forgiven aliens who entered with inspection and subsequently marry a USC. It happens every day. There's often more than one piece of the pie.

I'm not a lawyer and have never indicated I was.

I'm less confident the man can self petition on the basis of entering the marriage in good faith than I am he can adjust based on another marriage. This would not be "under" the life act but "under" the policy of forgiving overstays when aliens who enter legally subsequently marry a USC. Or, "not this way but that way".

With reference to another post, I'm not questioning your ability to research anything but rather I'm indicating I think there are more issues in play than those cited as a result of your research.

Now, if your research can come up with a post where I said I was an attorney, I'll be astounded indeed.

pshbck...I dont think that you get it. You cannot show up at an AOS interview and adjust status unless you have a prima facie bonified marriage. You cannot claim good faith marriage at this stage. The only exsception is a VAWA case which does not apply in this case.

You can only use the good faith arguement at the lifting conditions stage if you are divorced.

A person who entered on a K visa can only adjust status based upon marriage to the original petitional. This person has no other choice but to leave and start all over again.

I stand corrected, perhaps you didn't declare. Since you would be the best source of information as to your own profession, it would be inane for me to search your posts to see where I gained that impression. Furthermore, I think it more helpful to confine and focus my research interests on the statutes. Don't you?

Back to topic.... I can see where you are going with your line of thinking, but are you suggesting that the individual that entered the USA as a K-3, refrain from declaring the manner in which he gained entry, and simply treat his next step as if he simply entered as a tourist and never had a K-visa to begin with?

No, I'm not suggesting anything be ignored by the individual who entered on the K3. I'm suggesting a qualified creative thinking attorney might advise them they could be totally truthful and adjust based on the second marriage anyway.

To say, (as another has) that there is no other choice but to leave and start over, may end up being the case but the same could be said in many circumstances where it just isn't true. For instance, in the circumstance of a person who did come here as a tourist, and overstayed, even worked, when asking the simple question, "How do I get a green card?" one might justifiably reply, "You don't. You go home and start over again including possibly being barred from US entry for some time." Then the person adds, "But, I'm married to a US Citizen." To which you would need to reply, "Well that changes my answer. If you entered legally and are now in a bona fide marriage to a US Citizen, it is very likely you can simply adjust status to permanent resident based on that marriage."

Unlawful status in and of itself is often really not a big deal. K1 holders are accruing it once they've been here 90 days without filing to adjust status based on their marriage to the petitioner but there's no consequence, if they eventually adjust status appropriately.

I hear the argument that the K3 holder cannot adjust under the life act provisions if based on a subsequent marriage but I'm not suggesting a life act based adjustment. Hence, the "not that way but another way" reference.

I think it's worth asking the right question to an experienced, imaginative, aggressive properly retained immigration attorney.

I stand corrected on the "good faith marriage" scenario. That does apply to removing conditions, not the granting of permanent resident status.

So really, it would probably be easier for him to go back to his country rather than try to apply here. I would sure hate to see him get a 10 year ban though. I know there is nothing I can do to help prove the original marriage was entered in on good faith even though I know for a fact it was. He left 3 weeks before he was supposed to file for AOS coz he said he just couldn't handle living there anymore. He could have stayed thru the AOS process and had no problems adjusting beings it was so close but when she lied to him about being pregnant and then again lied about losing the baby..he said that was it he HAD to get out of that situation.

He is going to be out of status and he cannot get approved unless it is with the original petitioner otherwise he has to start all over again and outside the USA. And if he overstays that visa he is in trouble, and he has like 30 days after a divorce to go back or out of status and in big trouble with a strong ban coming. Speaking from experience, I know this from first hand knowledge of two people that went through same situation 6 months ago, he a US citizen(petitioner) and she(beneficiary). It is crystal clear and black and white, he is not going to be able to stay and if he does he is out of status and in ban central with USCIS.