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tenderheartusa79

One of my friends needs some help

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Filed: Citizen (apr) Country: Egypt
Timeline

Good morning everyone

One of my friends just moved to USA a few months ago '' K3 visa '' .

Unfortunately things is not going OK with him and his wife .He got married in Egypt and he moved to USA with K3 visa .

He did not file for AOS '' So he has not SSC or a green card ''

He has some questions and i hope that you guys will answer his questions :

1-How can he divorce his wife ? " He got married in Egypt and now he lives in CA / USA ?

2- If he divorce his wife '' The US citizen '' Does that mean he should go back to Egypt or he can stay in USA ?

Thanks in advance .


Nothing's impossible . Nothing's unreachable .When I am weary you make me stronger

This love is beautiful .So unforgettable . I feel no winter cold when we are together .

Will you stand by me ?!!!Hold on and never let me go .

Will you stand by me?!! With you i know i belong . When the story gets told .

When day turns into night .I look into your eyes . I see my future now .All the world and its wonder

This love wont fade away.And through the hardest days . I will never question us .You are the reason my only reason.

I'm blessed to find what i need in a world loosing hope. you are my only believe .

You make things right every time after time.....

Will you stand by me ?!!!

I love you so much and i miss you so much more .

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Based on the info in your post:

Yes thay can divorce

Yes he should go back to Egypt. He cannot AOS if he is divorced or if the relationship is not true and factual and cannot be proven.

He could not "legally" stay in the US under the brief circumstances you have provided.


6/15/2009 Filed I-129F

12/15/2009 Interview (HCMC, VN)

1/16/2010 POE Detroit

3/31/2010 MARRIED !!!

11/20/2010 Filed I-485

12/23/2010 Biometrics (Buffalo, NY)

12/31/2010 I-485 Transfered to CSC

2/4/2011 Green Card received

1/7/2013 Mailed I-751 package

1/14/2013 I-751 NOA (VSC)

2/07/2013 Biometrics (Buffalo, NY)

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Good morning everyone

One of my friends just moved to USA a few months ago '' K3 visa '' .

Unfortunately things is not going OK with him and his wife .He got married in Egypt and he moved to USA with K3 visa .

He did not file for AOS '' So he has not SSC or a green card '

He could of gotten the SSC before or after he arrived in the US. (no matter, you do not need the SSN to AOS)

He has some questions and i hope that you guys will answer his questions :

1-How can he divorce his wife ? " He got married in Egypt and now he lives in CA / USA ?

Yes, he can file for divorce - he will have to follow the divorce laws of the state he resides in.

2- If he divorce his wife '' The US citizen '' Does that mean he should go back to Egypt or he can stay in USA ?

He can either return home, or he can stay, during the divorce, for the length of time the K-3 is valid (I-94 issued), however, once the divorce is "final", the K-3 expires 30 days after that date, regardless of the I-94 date, so he would have to leave prior to that date. (do not overstay your authorized stay) -

Since the K-3 is for immediate relatives to AOS, he will not be able to adjust status based on this marriage - he will have to return home.

His options would be different if he actually had the greencard.

Thanks in advance .


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Egypt
Timeline

Well i would like to ask you guys What about if her divorce his wife can he get married to another American girl so then he will be able to file for AOS or he still have to go back to Egypt ??

Thank you so much .


Nothing's impossible . Nothing's unreachable .When I am weary you make me stronger

This love is beautiful .So unforgettable . I feel no winter cold when we are together .

Will you stand by me ?!!!Hold on and never let me go .

Will you stand by me?!! With you i know i belong . When the story gets told .

When day turns into night .I look into your eyes . I see my future now .All the world and its wonder

This love wont fade away.And through the hardest days . I will never question us .You are the reason my only reason.

I'm blessed to find what i need in a world loosing hope. you are my only believe .

You make things right every time after time.....

Will you stand by me ?!!!

I love you so much and i miss you so much more .

anm68b54b0b16262b16.gif

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A K3 visa is based up on marriage to a USC (the original petitioner) ... if there is no marriage there is nothing to adjust status from ....

If he divorces prior to adjustment of status he needs to leave within 30 days of the final date of divorce. After that time he will be residing in the USA ilegally.

Edited by Malarie

** The black ribbon I display in my display is for my son in law who was killed in Afganistan November 23,2009 **

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Well i would like to ask you guys What about if her divorce his wife can he get married to another American girl so then he will be able to file for AOS or he still have to go back to Egypt ??

Thank you so much .

That smells like immigration fraud. He has a girl that would marry him this fast?

Would be a tough AOS.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Egypt
Timeline

That smells like immigration fraud. He has a girl that would marry him this fast?

Would be a tough AOS.

Well first Thank you so much all for your answers .

Yeah maybe it smells like immigration fraud .But in fact its not at all .His wife lied at him about many things .He is Muslim '' Kinda religious '' He found out that his wife is drinking a lot of alcohol.she is almost addicted . And that's forbidden in Islam .Plus its so hard for a MENA guy to deal with a drinking or smoking woman !

And she starts to talk so bad about His religion and for sure he does not like that at all .He is trying to make her quiet drinking but it seems like its so hard .He is trying to tell her about real Islam but she still saying bad things about it .

That's a part of what that guy found out when he moved to USA .

I hope that everything will work out good for them .


Nothing's impossible . Nothing's unreachable .When I am weary you make me stronger

This love is beautiful .So unforgettable . I feel no winter cold when we are together .

Will you stand by me ?!!!Hold on and never let me go .

Will you stand by me?!! With you i know i belong . When the story gets told .

When day turns into night .I look into your eyes . I see my future now .All the world and its wonder

This love wont fade away.And through the hardest days . I will never question us .You are the reason my only reason.

I'm blessed to find what i need in a world loosing hope. you are my only believe .

You make things right every time after time.....

Will you stand by me ?!!!

I love you so much and i miss you so much more .

anm68b54b0b16262b16.gif

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Filed: Country:
Timeline

So he's giving-up after just a few months?

Not trying to pass judgement but what happened to if you love someone then you stand by them? A few months isn't enough time to be supportive of someone with an addiction.

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Well first Thank you so much all for your answers .

Yeah maybe it smells like immigration fraud .But in fact its not at all .

It just doesn't give an overall good impression that his marriage is breaking down but he's already asking questions about marrying another American girl. I would assume he would be somewhat heartbroken and down in the dumps if he married this wife for love and it's ending - at least to the point where he's not already wondering about the next girl.


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Filed: Lift. Cond. (apr) Country: India
Timeline

And he's already found a new chick willing to marry him?


03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

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Filed: Citizen (apr) Country: Egypt
Timeline

So he's giving-up after just a few months?

Not trying to pass judgement but what happened to if you love someone then you stand by them? A few months isn't enough time to be supportive of someone with an addiction.

I agree with you .But its different from someone to the other .Maybe if i was in his shoes i would not give it up .I would give my fiancee a chance to work on what i don't like .No one is perfect .

But this is how he think about it !


Nothing's impossible . Nothing's unreachable .When I am weary you make me stronger

This love is beautiful .So unforgettable . I feel no winter cold when we are together .

Will you stand by me ?!!!Hold on and never let me go .

Will you stand by me?!! With you i know i belong . When the story gets told .

When day turns into night .I look into your eyes . I see my future now .All the world and its wonder

This love wont fade away.And through the hardest days . I will never question us .You are the reason my only reason.

I'm blessed to find what i need in a world loosing hope. you are my only believe .

You make things right every time after time.....

Will you stand by me ?!!!

I love you so much and i miss you so much more .

anm68b54b0b16262b16.gif

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Filed: Citizen (apr) Country: Egypt
Timeline

And he's already found a new chick willing to marry him?

No he did not find any new chicks LOL .He was just asking .Maybe he knows that he lost his wife now .And maybe he does not want to go back to Egypt with empty hands .What will he say to his family and to his friends if he come back to Egypt 4 or 5 months later after he moved to USA ?!

But you guys have the rights to think about it that way .I would think and say the same if i don't know that guy . But in fact he is good guy and i don't think that he used his wife to move to USA for many reasons .

One of those reasons is Well if he used her to move to USA i guess he would not care so much about what she does .He would not care if she drink or not ......He would just care about living with her and to save money .........


Nothing's impossible . Nothing's unreachable .When I am weary you make me stronger

This love is beautiful .So unforgettable . I feel no winter cold when we are together .

Will you stand by me ?!!!Hold on and never let me go .

Will you stand by me?!! With you i know i belong . When the story gets told .

When day turns into night .I look into your eyes . I see my future now .All the world and its wonder

This love wont fade away.And through the hardest days . I will never question us .You are the reason my only reason.

I'm blessed to find what i need in a world loosing hope. you are my only believe .

You make things right every time after time.....

Will you stand by me ?!!!

I love you so much and i miss you so much more .

anm68b54b0b16262b16.gif

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