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

[amal 4]

Yeah he is divorced. He was planning to leave in June by the expiration date until he met this woman. What kind of documents would pass as proof for him not being at fault for the previous marriage? He hasn't anything as she won't send him even the divorce papers. I'd be happy to be a witness as to what he went thru but I don't think it would be enough.

[morocco4ever 63]

What about her family? Has any of them witnessed her odd behavious, and would they be willing to testify to it?

[Beauty for Ashes 257]

Yeah he is divorced. He was planning to leave in June by the expiration date until he met this woman. What kind of documents would pass as proof for him not being at fault for the previous marriage? He hasn't anything as she won't send him even the divorce papers. I'd be happy to be a witness as to what he went thru but I don't think it would be enough.

He could get copies of the divorce papers in the state she filed at.Second, none of you have heard her side of the story. ( She sounds like a fruitcake) but she could have caught him doing something, or chatting or plotting to leave her and she tossed him out. She also could have filed a complaint with ICE and USCIS as well.

I think he sounds like the more logical of the 2 but there could be mitigating circumstances as well

I do think its REALLY weird that she is already petitioning for another Egyptian. Is it that easy to turn around and get another spouse so fast? The interview for the new spouse in Cairo should be very interesting.. I can see it now.. The consul asking her husband if he knows about the one loose running around over here

I do think its VERY odd that she would not give him a copy of his divorce papers. That 3000 he had to pay back could have been for all her expenses getting him over here like his plane ticket and his immigration fees. I would love to hear her side of the story too. Is she a former VJer? Is it deemarbrouk?

[amal 4]

no, this person has never set foot in VJ. Actually I have heard both sides of the story and talk to both of them regularly. I have known both of them for quite some time. I know exactly what she did and even her family told her it was her fault he left coz he really had no other choice. She made it impossible for him to live here. You should hear some of the ways she tries to justify what she put him through. It's not even right in any way, shape, or form. I don't know if her family would testify against her as they are somewhat a tight family. I am thinking that his best bet is to go back to Jordan and file CR-1 or K1 depending on if he marries or not... I dunno

[pushbrk 12,883]

no, this person has never set foot in VJ. Actually I have heard both sides of the story and talk to both of them regularly. I have known both of them for quite some time. I know exactly what she did and even her family told her it was her fault he left coz he really had no other choice. She made it impossible for him to live here. You should hear some of the ways she tries to justify what she put him through. It's not even right in any way, shape, or form. I don't know if her family would testify against her as they are somewhat a tight family. I am thinking that his best bet is to go back to Jordan and file CR-1 or K1 depending on if he marries or not... I dunno

Remember, the issue is whether he entered the marriage in good faith, not whether he was at fault in the divorce. Both could be true, one or the other, or neither. Only one matters.

[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?

Does anyone have an answer to this?

According to the above, the guy would be out of status and *would* incur a ban upon departure, no?

[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.

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.

False. The provision that adjustment must be made through marriage to the original petitioner is true for all K type visas, K-3 included.

The USCIS regulations also state that K-3 and K-4 nonimmigrants may not change to any other nonimmigrant classification while in the United States. However, they are permitted (and expected) to seek permanent residence by adjustment of status or consular processing abroad. They may only do so as a result of a marriage to the original U.S. citizen petitioner who filed the petition on behalf of the K-3 or K-4 nonimmigrants.

See, http://www.americanlaw.com/fiance.html

Edited May 28, 2008 by diadromous mermaid

[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.

False. The provision that adjustment must be made through marriage to the original petitioner is true for all K type visas, K-3 included.

The USCIS regulations also state that K-3 and K-4 nonimmigrants may not change to any other nonimmigrant classification while in the United States. However, they are permitted (and expected) to seek permanent residence by adjustment of status or consular processing abroad. They may only do so as a result of a marriage to the original U.S. citizen petitioner who filed the petition on behalf of the K-3 or K-4 nonimmigrants.

See, http://www.americanlaw.com/fiance.html

I'd like to see the actual USCIS regulation referred to but if correct, the person in question can still adjust based on the original marriage even after a divorce, provided the marriage was entered into in good faith.

[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.

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.

False. The provision that adjustment must be made through marriage to the original petitioner is true for all K type visas, K-3 included.

The USCIS regulations also state that K-3 and K-4 nonimmigrants may not change to any other nonimmigrant classification while in the United States. However, they are permitted (and expected) to seek permanent residence by adjustment of status or consular processing abroad. They may only do so as a result of a marriage to the original U.S. citizen petitioner who filed the petition on behalf of the K-3 or K-4 nonimmigrants.

See, http://www.americanlaw.com/fiance.html

I'd like to see the actual USCIS regulation referred to but if correct, the person in question can still adjust based on the original marriage even after a divorce, provided the marriage was entered into in good faith.

I'll find the USCIS regulation, counselor Odd that you would question my source, but OK

And as to the suggestion that the person in question's ability to adjust through the original marriage after divorce, that is categorically incorrect. This person left the marriage prior to adjustment of status. The marriage was invalid prior to adjustment of status

[diadromous mermaid 36]

Section 1103© of LIFE amends section 245 of the Act. Section 245(d) of the Act is amended by striking language pertaining specifically to fiance/fiancees, so that all who adjust status to permanent resident from the K nonimmigrant classification, as a spouse, fiance/fiancee, or a minor child of either, are subject to the conditional residency requirements of section 216 of the Act. Further, a K nonimmigrant classification, whether a spouse, a fiance/fiancee, or the child of either, may only apply for adjustment of status based on the alien spouse’s (or, in the case of a minor child, the alien parent’s)marriage to the citizen who filed the original petition to obtain that alien’s status under section 101(a)(15)(K) of the Act.

From, DEPARTMENT OF JUSTICE Immigration and Naturalization Service 8 CFR Parts 212, 214, 245, 248, and 274a

[iNS No. 2127–01] RIN 1115–AG12, ‘‘K’’ Nonimmigrant Classification for Spouses of U.S. Citizens and Their Children Under the Legal Immigration Family Equity Act of 2000.

Now will you conceed, pushbrk?

[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.

False. The provision that adjustment must be made through marriage to the original petitioner is true for all K type visas, K-3 included.

The USCIS regulations also state that K-3 and K-4 nonimmigrants may not change to any other nonimmigrant classification while in the United States. However, they are permitted (and expected) to seek permanent residence by adjustment of status or consular processing abroad. They may only do so as a result of a marriage to the original U.S. citizen petitioner who filed the petition on behalf of the K-3 or K-4 nonimmigrants.

See, http://www.americanlaw.com/fiance.html

I'd like to see the actual USCIS regulation referred to but if correct, the person in question can still adjust based on the original marriage even after a divorce, provided the marriage was entered into in good faith.

I'll find the USCIS regulation, counselor Odd that you would question my source, but OK

And as to the suggestion that the person in question's ability to adjust through the original marriage after divorce, that is categorically incorrect. This person left the marriage prior to adjustment of status. The marriage was invalid prior to adjustment of status

So they would self petition based on having entered the marriage in good faith.

[pushbrk 12,883]

Section 1103© of LIFE amends section 245 of the Act. Section 245(d) of the Act is amended by striking language pertaining specifically to fiance/fiancees, so that all who adjust status to permanent resident from the K nonimmigrant classification, as a spouse, fiance/fiancee, or a minor child of either, are subject to the conditional residency requirements of section 216 of the Act. Further, a K nonimmigrant classification, whether a spouse, a fiance/fiancee, or the child of either, may only apply for adjustment of status based on the alien spouse’s (or, in the case of a minor child, the alien parent’s)marriage to the citizen who filed the original petition to obtain that alien’s status under section 101(a)(15)(K) of the Act.

From, DEPARTMENT OF JUSTICE Immigration and Naturalization Service 8 CFR Parts 212, 214, 245, 248, and 274a

[iNS No. 2127–01] RIN 1115–AG12, ‘‘K’’ Nonimmigrant Classification for Spouses of U.S. Citizens and Their Children Under the Legal Immigration Family Equity Act of 2000.

Now will you conceed, pushbrk?

Not quite. One would have to follow the context of the meaning of "Under the....." through all the available "unders", but even assuming that would cover nearly all and possibly all the "unders" available, where would you suppose that leaves the intending immigrant with respect to the policy of forgiving overstays and even illegal work when married to a USC who sponsors the status adjustment? Perhaps the answer is the same as with a K1 who doesn't marry the petitioner but I'm not yet convinced. Not all the possible avenues are covered by the quoted section and the alien was already married to the petitioning citizen, unlike with the K1. In any event the alien in question needs their own legal counsel. Where I think it leaves them is in the same place as the K1 beneficiary who arrives, then marries in good faith and divorces before status adjustment. Just where is that?

No need to get snippy every time we don't agree.

[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?

Does anyone have an answer to this?

According to the above, the guy would be out of status and *would* incur a ban upon departure, no?

No one?

[Jenn! 918]

Well, everything that I'm reading online indicates that the lawyers gave the wrong information to this guy. He can't stay until the expiration of the I-94. He should have left the country within 30 days of the divorce. So he is currently out-of-status.

[pushbrk 12,883]

Well, everything that I'm reading online indicates that the lawyers gave the wrong information to this guy. He can't stay until the expiration of the I-94. He should have left the country within 30 days of the divorce. So he is currently out-of-status.

Out of status is not necessarily a serious matter. Now that he has actual plans to marry, I think he'd be wise to consult an attorney about those plans, a competent immigration attorney.

I think there's a good possibility they'll have good news for him. Often one empty glass is not the whole story. I suspect he'll find out something along the lines of "You can't do that but you can do this."