K-3, wife went crazy, what to do?

[amal 4]

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

[pushbrk 12,883]

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.

[amal 4]

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.

[pushbrk 12,883]

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.

[desert_fox 32]

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.

[Ban Hammer 13,337]

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.

[diadromous mermaid 36]

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.

[amal 4]

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

[pushbrk 12,883]

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.

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.

[amal 4]

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

[*JG* 2]

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.

[pushbrk 12,883]

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

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

[Beauty for Ashes 257]

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

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.

[morocco4ever 63]

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.

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.

[Jenn! 918]

From the guides...

Q: I have not yet adjusted status, but my US citizen spouse has initiated divorce, will my K-3 status remain in effect for 2 years?

A: No. As a K-3, authorized stay will expire thirty days after divorce from the United States citizen petitioner.

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