K-3 being controlled

[rickmt 0]

My wife has a friend who came here on a K-3 visa almost 2 years ago and in August her visa will expire. The problem is her husband doesnt want to renew her visa, she keeps asking him about it but he either doesnt want to talk about it or he tells her he wants to file for an extension. She is feeling her husband just wants to control her and there are other things that point to this that we dont want to go into.

The question is what are her options if he wont file the papers for her extension?

Thanks for any help you can give us.

[hheaven67 2]

My wife has a friend who came here on a K-3 visa almost 2 years ago and in August her visa will expire. The problem is her husband doesnt want to renew her visa, she keeps asking him about it but he either doesnt want to talk about it or he tells her he wants to file for an extension. She is feeling her husband just wants to control her and there are other things that point to this that we dont want to go into.

The question is what are her options if he wont file the papers for her extension?

Thanks for any help you can give us.

Rick...did they go thru the AOS process? so then she'd be either a Conditional Permanent Resident or Permanent Resident? that would give her a 2-yr "green card"...

[rickmt 0]

Rick...did they go thru the AOS process? so then she'd be either a Conditional Permanent Resident or Permanent Resident? that would give her a 2-yr "green card"...

From what I know she is still here just on her K-3 Visa and work permit but needs her husband for the 10 year green card but he is stalling for some reason. When she first got here he made sure she got he work permit so that she could go to work, she is working 6 days a week and gives all the money to him. We just dont know if she has any options or is just at his mercy to file the I-864.

Thanks

[VanessaTony 3,567]

From everything I'm reading if she doesn't apply to adjust status before it expires then she must leave.

If she wants to remain then she needs to get him started on the paperwork. Stop allowing him to stall.

If he doesn't want her to stay (by adjusting) then I believe she has to leave. I don't think she has any options.

I would stop giving him any money. Tell him that she's saving for her trip home in August and for their divorce. Tell him there is no "extension". 2 year deadline is 2 year deadline. Get the paperwork sorted out and no problem. HOWEVER, if he's holding this over her now, what's to stop him continuing?

I don't know what kind of guy he is so I don't know how he'll react to suddenly not getting the money so just in case it doesn't go well then she should have somewhere lined up to stay so she can continue to work and save for her trip back home. Also for the divorce. It's easier to do before she leaves.

** This is based on me not knowing FOR SURE whether she is permitted to adjust simply based on their marriage lasting. Hopefully someone else can help out here.

From what I know she is still here just on her K-3 Visa and work permit but needs her husband for the 10 year green card but he is stalling for some reason. When she first got here he made sure she got he work permit so that she could go to work, she is working 6 days a week and gives all the money to him. We just dont know if she has any options or is just at his mercy to file the I-864.

Thanks

10 year? How long have they been married?

[rickmt 0]

From everything I'm reading if she doesn't apply to adjust status before it expires then she must leave.

If she wants to remain then she needs to get him started on the paperwork. Stop allowing him to stall.

If he doesn't want her to stay (by adjusting) then I believe she has to leave. I don't think she has any options.

I would stop giving him any money. Tell him that she's saving for her trip home in August and for their divorce. Tell him there is no "extension". 2 year deadline is 2 year deadline. Get the paperwork sorted out and no problem. HOWEVER, if he's holding this over her now, what's to stop him continuing?

I don't know what kind of guy he is so I don't know how he'll react to suddenly not getting the money so just in case it doesn't go well then she should have somewhere lined up to stay so she can continue to work and save for her trip back home. Also for the divorce. It's easier to do before she leaves.

** This is based on me not knowing FOR SURE whether she is permitted to adjust simply based on their marriage lasting. Hopefully someone else can help out here.

10 year? How long have they been married?

They have been married for 3 years. we just camt understand where he is coming from, she has told him if he doesnt want her to stay she will go back to China but he says thats not what he wants. She is a really good woman and he is putting her through hell. When ever she tries to talk to him about it he has some kind of excuse, either cant find his tax records or his atorney says they can file for an extension but he hasnt done anything and time is running out. Maybe your advice is the best that she confronts him and tells him that shes going to start saving for a divorce and a trip bcak home unless he gets his act togehter.

[pushbrk 12,569]

From everything I'm reading if she doesn't apply to adjust status before it expires then she must leave.

If she wants to remain then she needs to get him started on the paperwork. Stop allowing him to stall.

If he doesn't want her to stay (by adjusting) then I believe she has to leave. I don't think she has any options.

I would stop giving him any money. Tell him that she's saving for her trip home in August and for their divorce. Tell him there is no "extension". 2 year deadline is 2 year deadline. Get the paperwork sorted out and no problem. HOWEVER, if he's holding this over her now, what's to stop him continuing?

I don't know what kind of guy he is so I don't know how he'll react to suddenly not getting the money so just in case it doesn't go well then she should have somewhere lined up to stay so she can continue to work and save for her trip back home. Also for the divorce. It's easier to do before she leaves.

** This is based on me not knowing FOR SURE whether she is permitted to adjust simply based on their marriage lasting. Hopefully someone else can help out here.

10 year? How long have they been married?

She's been here two years and no green card so at completion of AOS, yes it would be the IR1 status and 10 year card. She can extend adjust status, extend the visa or leave. Time to take control of her life and funds.

[rickmt 0]

She's been here two years and no green card so at completion of AOS, yes it would be the IR1 status and 10 year card. She can extend adjust status, extend the visa or leave. Time to take control of her life and funds.

How have you been? You helped me a lot when I was in the process of bringing my wife here. Yes my wife is going to talk to her friend tomorrow and it looks like the best advice we can give her is to put her foot down and tell him to get the papers started or shes going to move in with friends and save her money for the trip home and hopeflly a divorce before she leaves. We just dont understand the situation becuase his kids adore her and she works hard to help support the family.

[VanessaTony 3,567]

Okay re the tax docs: He can contact the IRS to get FREE transcripts so there's no excuse there. Sending the IRS transcripts are actually better than the returns because then you don't need to worry that you've forgotten something.

The rest is just completing the paperwork and the fee which I think for K3 is $1010 too. Sooo... also no excuse if she's working and earning the money.

Re extension vs AOS, tell him AOS or she'll just go home because it sounds like he'll still be dragging his feet. She needs to be sure of her status and he is being REALLY unfair to put her through this stress.

She's been here two years and no green card so at completion of AOS, yes it would be the IR1 status and 10 year card. She can extend adjust status, extend the visa or leave. Time to take control of her life and funds.

Have to admit I'm not in the habit of checking timelines so my bad

Edited March 11, 2010 by Vanessa&Tony

[rickmt 0]

Okay re the tax docs: He can contact the IRS to get FREE transcripts so there's no excuse there. Sending the IRS transcripts are actually better than the returns because then you don't need to worry that you've forgotten something.

The rest is just completing the paperwork and the fee which I think for K3 is $1010 too. Sooo... also no excuse if she's working and earning the money.

Re extension vs AOS, tell him AOS or she'll just go home because it sounds like he'll still be dragging his feet. She needs to be sure of her status and he is being REALLY unfair to put her through this stress.

Have to admit I'm not in the habit of checking timelines so my bad

Yes she is all stressed out becuase she cant understand his motive. He tells her he doesnt want a divorce or for her to leave but he is driving her away because of this. A chinese woman needs to feel secure and she doesnt because of his actions.

[YUYUYU 0]

Yes she is all stressed out becuase she cant understand his motive. He tells her he doesnt want a divorce or for her to leave but he is driving her away because of this. A chinese woman needs to feel secure and she doesnt because of his actions.

i heard that if she can prove that her husband abuses her. She may be able to stay here. I am not sure if it is true. go ahead and find out if it is true.

[pushbrk 12,569]

Okay re the tax docs: He can contact the IRS to get FREE transcripts so there's no excuse there. Sending the IRS transcripts are actually better than the returns because then you don't need to worry that you've forgotten something.

The rest is just completing the paperwork and the fee which I think for K3 is $1010 too. Sooo... also no excuse if she's working and earning the money.

Re extension vs AOS, tell him AOS or she'll just go home because it sounds like he'll still be dragging his feet. She needs to be sure of her status and he is being REALLY unfair to put her through this stress.

Have to admit I'm not in the habit of checking timelines so my bad

She can extend the visa without his help. The indication she's been here two years was in the opening post, not a timeline. The OP's timeline is his. The thread is about somebody else.

I tend to agree, there needs to be an ultimatum for AOS or leave and save her money for divorce and travel but she needs to know all options and make her own decision based on her own priorities.

[rickmt 0]

She can extend the visa without his help. The indication she's been here two years was in the opening post, not a timeline. The OP's timeline is his. The thread is about somebody else.

I tend to agree, there needs to be an ultimatum for AOS or leave and save her money for divorce and travel but she needs to know all options and make her own decision based on her own priorities.

I'm sorry yes the time line is mine I didnt catch that. She really wants to stay and she would stay with her husband but he is driving her nuts with his dragging his feet and excuses. We are just trying to help her and dont know what her options are thats why we are here because so many of you know more about this then we do and hopefully can help her decide what her options are.

Thanks to everyone who has responded so far.

[Darnell 8,478]

If she makes a trip to China soon (she's allowed, by the way, the K-3 is multiple entry) and returns -

THERE IS POSSIBILITY that her K-3 visa will be extended for a year, at the POE.

Her husband sounds like a dolt, from what you've written so far.

(sounds like, not necessarily IS)

Perhaps he is mortified of the paperwork process? If that's the case - tell her SHE can fill out the paperwork, prep all, then all HE has to do is SIGN it.

Good Luck !