One of my friends needs some help

[tenderheartusa79 14]

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 .

[Bernie C 24]

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.

[Krikit 1,163]

Moving from AOS Process to Effects of Major Changes on Immigration Benefits.

[Bobby+Umit 161]

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 .

[tenderheartusa79 14]

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 .

[Malarie 0]

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 May 2, 2010 by Malarie

[justashooter 430]

so did this guy marry his wife for some other reason, or just use her to immigrate?

[Bobby+Umit 161]

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.

[tenderheartusa79 14]

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 .

[Deputy Purple 1,294]

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.

[TracyTN 237]

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.

[sachinky 464]

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

[NVC FAN :( 18]

listen to what your saying. Oh , because the woman lied to him, he now has the ' right ' to commit fraud. its a air tight aliby for sure.

[tenderheartusa79 14]

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 !

[tenderheartusa79 14]

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 .........