Can i stay in the usa until my visa expires?

[caisie 0]

I came to the USA on a k3 visa. My husband and i are getting divorced due to lots of personal reasons. I was waiting for my I-130 to be approved and fly back to the uk so i didnt have to adjust status here but this isnt going to be happening now of course.

With the divorce petition going to court tomorrow, can i still stay here in the states until the visa expires or has that now become void and do i have to leave straight away?

I have an appointment with an attorney next week but i dont want to be here if im illegal now.

Thanks caisie

[scorpio232 0]

Once your divorce is final.. You have to leave.. Or once he withdraw the I-130

[caisie 0]

That just seems totally unfair, You move country, you give up everything you have to be with the one you love and because of thier actions your the one that suffers. Him being a criminal, having convictions and being a drug user and hiding this from me is upsetting enough without having to uproot myself and the children again and back to what-- NOTHING.

So basically what yr saying is i have to leave the country like NOW right now, dont i get a bit of time to beable to sort things out back in the uk? I do believe he is cancelling the I-130's today so thats it i guess.

[zyggy 9]

That just seems totally unfair, You move country, you give up everything you have to be with the one you love and because of thier actions your the one that suffers. Him being a criminal, having convictions and being a drug user and hiding this from me is upsetting enough without having to uproot myself and the children again and back to what-- NOTHING.

So basically what yr saying is i have to leave the country like NOW right now, dont i get a bit of time to beable to sort things out back in the uk? I do believe he is cancelling the I-130's today so thats it i guess.

You should talk to an immigration attorney, you may be able to adjust on your own due to emotional and physical abuse by way of the Violence Against Women Act.

[aussiewench 9]

awwwwwwww caisie *hugs* Do as zyggy suggested....see an immigration attorney. All the very best to you and your children

[pax 0]

You should talk to an immigration attorney, you may be able to adjust on your own due to emotional and physical abuse by way of the Violence Against Women Act.

Yes, please do that. If nothing else, it will buy you time. You've been through a horrible experience and I think it's reasonable to expect that something can be done in your situation.

[Yodrak 7]

caisie,

You can stay in the USA until the date on your I-94.

Yodrak

I came to the USA on a k3 visa. My husband and i are getting divorced due to lots of personal reasons. I was waiting for my I-130 to be approved and fly back to the uk so i didnt have to adjust status here but this isnt going to be happening now of course.

With the divorce petition going to court tomorrow, can i still stay here in the states until the visa expires or has that now become void and do i have to leave straight away?

I have an appointment with an attorney next week but i dont want to be here if im illegal now.

Thanks caisie

[germangel 0]

caisie, sorry for all what has happened. I wish I could tell you exactly how things work but all I can advise you to do is see an immigration attorney and see if there's a way you can stay a bit.

Would you prefer going back to UK to staying here in the states?

What are your plans now??

I'm sure a lawyer can help you.

Good luck with everything

[caisie 0]

Thank you all for your replies.

Im still confused and i dont want to sound stupid but someone posted that i would have to leave once divorce is final or the I-130s are cancelled then Yodrak answered saying i can stay here until my visa expires which is in 2007. The question i have here is CAN I STAY OR DO I HAVE TO LEAVE

I have an appointment with a lawyer but this whole situation is starting to freak me out, i am not working right now as the bio appointment for the EAD is not for another 10 days -Can i still go ahead with it and get approved or is that taken from me too.

I know this isnt an everyday situation and i know a lawyer is the answer i just was hoping someone may have been through the same situation or know someone who has.

Once again many thanks for taking time out to answer me

caisie

[zyggy 9]

Thank you all for your replies.

Im still confused and i dont want to sound stupid but someone posted that i would have to leave once divorce is final or the I-130s are cancelled then Yodrak answered saying i can stay here until my visa expires which is in 2007. The question i have here is CAN I STAY OR DO I HAVE TO LEAVE

I have an appointment with a lawyer but this whole situation is starting to freak me out, i am not working right now as the bio appointment for the EAD is not for another 10 days -Can i still go ahead with it and get approved or is that taken from me too.

I know this isnt an everyday situation and i know a lawyer is the answer i just was hoping someone may have been through the same situation or know someone who has.

Once again many thanks for taking time out to answer me

caisie

Your whole situation is based on the fact that you have a pending I-130. The legal issues on whether your K3, and following the EAD is in effect if the I-130 is withdrawn is a question that only a qualified attorney can answer. However, you should ask him about what it would take to file a I-360 based on emotional or physical abuse. If you file the I-360, you'll be permitted to remain in the US until the time the USCIS makes a prima fascie determination. If the determination is positive, you them will be able to remain and work in the US until the I-360 is adjudicated.

Edited March 1, 2006 by zyggy

[caisie 0]

Thank you zyggy for that information.

Il find out more next week

[Yodrak 7]

caisie,

That's not what I wrote.

But zyggy's 2nd post gives me pause. Yes, your K3 visa does derive from the fact that there is an I-130 pending for you, but a CBP officer granted you permission to be in the USA until the date that they wrote on your I-94.

I'd like to see zyggy add some additional comments, but I'd also have a consultation with an immigration attorney on this and other issues if I were you.

You did write that you have an appointment with an attorney? Please let us know what they tell you with regard to how long you can stay in the USA.

Yodrak

Thank you all for your replies.

Im still confused and i dont want to sound stupid but someone posted that i would have to leave once divorce is final or the I-130s are cancelled then Yodrak answered saying i can stay here until my visa expires which is in 2007. ....

caisie

[maria_b84 0]

If you're right (which I think is the case) try to get an immigration attorney as soon as possible. Don't let the situation destroy your life...most of the people (petitioners) act that way because they feel powerful since they can decide on a person's life.

[zyggy 9]

caisie,

That's not what I wrote.

But zyggy's 2nd post gives me pause. Yes, your K3 visa does derive from the fact that there is an I-130 pending for you, but a CBP officer granted you permission to be in the USA until the date that they wrote on your I-94.

I'd like to see zyggy add some additional comments, but I'd also have a consultation with an immigration attorney on this and other issues if I were you.

You did write that you have an appointment with an attorney? Please let us know what they tell you with regard to how long you can stay in the USA.

Yodrak

Thank you all for your replies.

Im still confused and i dont want to sound stupid but someone posted that i would have to leave once divorce is final or the I-130s are cancelled then Yodrak answered saying i can stay here until my visa expires which is in 2007. ....

caisie

It is an interesting paradox... The K3 status is beased on that fact that the government finds it in the public's interest to have a married couple reunite in the US while the I-130 is still being processed by USCIS. And it is true that a CBP officer did admit the alien for a certian period of time (2 years). But my point is that admission was based on the fact that there was at the time a I-130 still being processed. If the I-130 were to be denied, the K3 status would then be cancelled as there is no basis for the K3 status and the alien spouse would have to return home. Consequently, if the I-130 were withdrawn, would that not also end the status....

I would imagine that there has been some case law on this point... that is why an attorney would be the best person to point out what is going on. I also would be very interested on what their answer is...

[know 0]

caisie,

That's not what I wrote.

But zyggy's 2nd post gives me pause. Yes, your K3 visa does derive from the fact that there is an I-130 pending for you, but a CBP officer granted you permission to be in the USA until the date that they wrote on your I-94.

I'd like to see zyggy add some additional comments, but I'd also have a consultation with an immigration attorney on this and other issues if I were you.

You did write that you have an appointment with an attorney? Please let us know what they tell you with regard to how long you can stay in the USA.

Yodrak

Thank you all for your replies.

If you have been wronged (lied) by your futur ex-spous (i.e. criminal background) I would go at the source of the law protecting foreing spouses from violence...What is the name of the lady senator who worked on that law?? and also search Organizations specialized in this issue, they might give free info about it...I think bassically that all the k whatever visas...are not important now, because he lied to you, so that will be the source to search as law...first!....my 2 cents

Im still confused and i dont want to sound stupid but someone posted that i would have to leave once divorce is final or the I-130s are cancelled then Yodrak answered saying i can stay here until my visa expires which is in 2007. ....

caisie

It is an interesting paradox... The K3 status is beased on that fact that the government finds it in the public's interest to have a married couple reunite in the US while the I-130 is still being processed by USCIS. And it is true that a CBP officer did admit the alien for a certian period of time (2 years). But my point is that admission was based on the fact that there was at the time a I-130 still being processed. If the I-130 were to be denied, the K3 status would then be cancelled as there is no basis for the K3 status and the alien spouse would have to return home. Consequently, if the I-130 were withdrawn, would that not also end the status....

I would imagine that there has been some case law on this point... that is why an attorney would be the best person to point out what is going on. I also would be very interested on what their answer is...