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

[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?

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.

Well, specifically the K-1 fiance(e) falls under section 101(a)(15)(K)(i) of the Act; a K-2 child of a fiance(e) falls under section 101(a)(15)(K)(iii) of the Act, a K-3 spouse falls under section 101(a)(15)(K)(ii) of the Act and a K-4 child of a spouse under section 101(a)(15)(K)(iii) of the Act. Those being individuals that arrived on a non-immigrant visa.

I'm not snippy.....but I do take offense to your suggestion that I can't research the CFR.

[desert_fox 32]

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."

The news for him will be that they will take him into custody if he shows up for an interview and put him into removal proceedings.

A K visa holder cannot change to any other kind of visa, and appartently he is in an overstay situation now. See the attorney, and then get out of Dodge. You cannot adjust status unless you are married to the original petitioner, and VAWA wont apply in this case, since it is all he-said-she-said without police reports, wriiten statements from professionals, etc.

[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.

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."

The news for him will be that they will take him into custody if he shows up for an interview and put him into removal proceedings.

A K visa holder cannot change to any other kind of visa, and appartently he is in an overstay situation now. See the attorney, and then get out of Dodge. You cannot adjust status unless you are married to the original petitioner, and VAWA wont apply in this case, since it is all he-said-she-said without police reports, wriiten statements from professionals, etc.

Yeah, I have to agree.

In any case, he should see a different lawyer than the ones he's already seen since they all told him he could stay until the I-94 expires. I wouldn't be surprised if a different attorney gave him the same false information though.

[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

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

Tell me, other than the provision afforded under VAWA, where any alien has the option of self-petitioning to adjust status in a marriage-based immigrant process, please. And please cite your sources for verification! Not only do you consistently ask me to provide mine (which I am happy to do, but to consistently ask suggests that I am offering solely an opinion that is not armed with corroborating legal excerpts). Suffice it to say that unless it is based upon knowledge of the regulations, I rarely post anything in the factual context. However, you consistently place statements (in numerous threads which appear to readers) that are not stated as your opinion, but rather as fact. While ordinarily that might not be a problem, I find that sometimes that factual information you offer is completely incorrect....and since you rarely provide your source, nor do you corroborate your statements with citations, so the readers are left to believe that what you state is right.

Maybe you don't care for a simple mermaid sweeping after to clear up the erroneous detritus you leave behind, but I see it as a duty to make sure that an earlier declaration by you that you are a lawyer does not lead people astray. I'm not sure why you felt it necessary to declare your profession, but there are some that choose not to state.

[pushbrk 13,167]

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."

The news for him will be that they will take him into custody if he shows up for an interview and put him into removal proceedings.

A K visa holder cannot change to any other kind of visa, and appartently he is in an overstay situation now. See the attorney, and then get out of Dodge. You cannot adjust status unless you are married to the original petitioner, and VAWA wont apply in this case, since it is all he-said-she-said without police reports, wriiten statements from professionals, etc.

Yeah, I have to agree.

In any case, he should see a different lawyer than the ones he's already seen since they all told him he could stay until the I-94 expires. I wouldn't be surprised if a different attorney gave him the same false information though.

The attornies giving the information you're deeming false may be looking at more than one slice of the pie. As I said, the answer may be, "You can't do that but you can do this." His current plan is about more than how long can he stay.

[pushbrk 13,167]

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."

The news for him will be that they will take him into custody if he shows up for an interview and put him into removal proceedings.

A K visa holder cannot change to any other kind of visa, and appartently he is in an overstay situation now. See the attorney, and then get out of Dodge. You cannot adjust status unless you are married to the original petitioner, and VAWA wont apply in this case, since it is all he-said-she-said without police reports, wriiten statements from professionals, etc.

Adjusting status is not changing to another kind of visa.

Overstays and even illegal work are forgiven aliens who entered with inspection and subsequently marry a USC. It happens every day. There's often more than one piece of the pie.

[pushbrk 13,167]

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.

Tell me, other than the provision afforded under VAWA, where any alien has the option of self-petitioning to adjust status in a marriage-based immigrant process, please. And please cite your sources for verification! Not only do you consistently ask me to provide mine (which I am happy to do, but to consistently ask suggests that I am offering solely an opinion that is not armed with corroborating legal excerpts). Suffice it to say that unless it is based upon knowledge of the regulations, I rarely post anything in the factual context. However, you consistently place statements (in numerous threads which appear to readers) that are not stated as your opinion, but rather as fact. While ordinarily that might not be a problem, I find that sometimes that factual information you offer is completely incorrect....and since you rarely provide your source, nor do you corroborate your statements with citations, so the readers are left to believe that what you state is right.

Maybe you don't care for a simple mermaid sweeping after to clear up the erroneous detritus you leave behind, but I see it as a duty to make sure that an earlier declaration by you that you are a lawyer does not lead people astray. I'm not sure why you felt it necessary to declare your profession, but there are some that choose not to state.

I'm not a lawyer and have never indicated I was.

I'm less confident the man can self petition on the basis of entering the marriage in good faith than I am he can adjust based on another marriage. This would not be "under" the life act but "under" the policy of forgiving overstays when aliens who enter legally subsequently marry a USC. Or, "not this way but that way".

With reference to another post, I'm not questioning your ability to research anything but rather I'm indicating I think there are more issues in play than those cited as a result of your research.

Now, if your research can come up with a post where I said I was an attorney, I'll be astounded indeed.

[desert_fox 32]

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

pshbck...I dont think that you get it. You cannot show up at an AOS interview and adjust status unless you have a prima facie bonified marriage. You cannot claim good faith marriage at this stage. The only exsception is a VAWA case which does not apply in this case.

You can only use the good faith arguement at the lifting conditions stage if you are divorced.

A person who entered on a K visa can only adjust status based upon marriage to the original petitional. This person has no other choice but to leave and start all over again.

[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

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

Tell me, other than the provision afforded under VAWA, where any alien has the option of self-petitioning to adjust status in a marriage-based immigrant process, please. And please cite your sources for verification! Not only do you consistently ask me to provide mine (which I am happy to do, but to consistently ask suggests that I am offering solely an opinion that is not armed with corroborating legal excerpts). Suffice it to say that unless it is based upon knowledge of the regulations, I rarely post anything in the factual context. However, you consistently place statements (in numerous threads which appear to readers) that are not stated as your opinion, but rather as fact. While ordinarily that might not be a problem, I find that sometimes that factual information you offer is completely incorrect....and since you rarely provide your source, nor do you corroborate your statements with citations, so the readers are left to believe that what you state is right.

Maybe you don't care for a simple mermaid sweeping after to clear up the erroneous detritus you leave behind, but I see it as a duty to make sure that an earlier declaration by you that you are a lawyer does not lead people astray. I'm not sure why you felt it necessary to declare your profession, but there are some that choose not to state.

I'm not a lawyer and have never indicated I was.

I'm less confident the man can self petition on the basis of entering the marriage in good faith than I am he can adjust based on another marriage. This would not be "under" the life act but "under" the policy of forgiving overstays when aliens who enter legally subsequently marry a USC. Or, "not this way but that way".

With reference to another post, I'm not questioning your ability to research anything but rather I'm indicating I think there are more issues in play than those cited as a result of your research.

Now, if your research can come up with a post where I said I was an attorney, I'll be astounded indeed.

I stand corrected, perhaps you didn't declare. Since you would be the best source of information as to your own profession, it would be inane for me to search your posts to see where I gained that impression. Furthermore, I think it more helpful to confine and focus my research interests on the statutes. Don't you?

Back to topic.... I can see where you are going with your line of thinking, but are you suggesting that the individual that entered the USA as a K-3, refrain from declaring the manner in which he gained entry, and simply treat his next step as if he simply entered as a tourist and never had a K-visa to begin with?

[pushbrk 13,167]

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.

Tell me, other than the provision afforded under VAWA, where any alien has the option of self-petitioning to adjust status in a marriage-based immigrant process, please. And please cite your sources for verification! Not only do you consistently ask me to provide mine (which I am happy to do, but to consistently ask suggests that I am offering solely an opinion that is not armed with corroborating legal excerpts). Suffice it to say that unless it is based upon knowledge of the regulations, I rarely post anything in the factual context. However, you consistently place statements (in numerous threads which appear to readers) that are not stated as your opinion, but rather as fact. While ordinarily that might not be a problem, I find that sometimes that factual information you offer is completely incorrect....and since you rarely provide your source, nor do you corroborate your statements with citations, so the readers are left to believe that what you state is right.

Maybe you don't care for a simple mermaid sweeping after to clear up the erroneous detritus you leave behind, but I see it as a duty to make sure that an earlier declaration by you that you are a lawyer does not lead people astray. I'm not sure why you felt it necessary to declare your profession, but there are some that choose not to state.

I'm not a lawyer and have never indicated I was.

I'm less confident the man can self petition on the basis of entering the marriage in good faith than I am he can adjust based on another marriage. This would not be "under" the life act but "under" the policy of forgiving overstays when aliens who enter legally subsequently marry a USC. Or, "not this way but that way".

With reference to another post, I'm not questioning your ability to research anything but rather I'm indicating I think there are more issues in play than those cited as a result of your research.

Now, if your research can come up with a post where I said I was an attorney, I'll be astounded indeed.

I stand corrected, perhaps you didn't declare. Since you would be the best source of information as to your own profession, it would be inane for me to search your posts to see where I gained that impression. Furthermore, I think it more helpful to confine and focus my research interests on the statutes. Don't you?

Back to topic.... I can see where you are going with your line of thinking, but are you suggesting that the individual that entered the USA as a K-3, refrain from declaring the manner in which he gained entry, and simply treat his next step as if he simply entered as a tourist and never had a K-visa to begin with?

No, I'm not suggesting anything be ignored by the individual who entered on the K3. I'm suggesting a qualified creative thinking attorney might advise them they could be totally truthful and adjust based on the second marriage anyway.

To say, (as another has) that there is no other choice but to leave and start over, may end up being the case but the same could be said in many circumstances where it just isn't true. For instance, in the circumstance of a person who did come here as a tourist, and overstayed, even worked, when asking the simple question, "How do I get a green card?" one might justifiably reply, "You don't. You go home and start over again including possibly being barred from US entry for some time." Then the person adds, "But, I'm married to a US Citizen." To which you would need to reply, "Well that changes my answer. If you entered legally and are now in a bona fide marriage to a US Citizen, it is very likely you can simply adjust status to permanent resident based on that marriage."

Unlawful status in and of itself is often really not a big deal. K1 holders are accruing it once they've been here 90 days without filing to adjust status based on their marriage to the petitioner but there's no consequence, if they eventually adjust status appropriately.

I hear the argument that the K3 holder cannot adjust under the life act provisions if based on a subsequent marriage but I'm not suggesting a life act based adjustment. Hence, the "not that way but another way" reference.

I think it's worth asking the right question to an experienced, imaginative, aggressive properly retained immigration attorney.

I stand corrected on the "good faith marriage" scenario. That does apply to removing conditions, not the granting of permanent resident status.

[amal 4]

So really, it would probably be easier for him to go back to his country rather than try to apply here. I would sure hate to see him get a 10 year ban though. I know there is nothing I can do to help prove the original marriage was entered in on good faith even though I know for a fact it was. He left 3 weeks before he was supposed to file for AOS coz he said he just couldn't handle living there anymore. He could have stayed thru the AOS process and had no problems adjusting beings it was so close but when she lied to him about being pregnant and then again lied about losing the baby..he said that was it he HAD to get out of that situation.

[zqt3344 21]

He is going to be out of status and he cannot get approved unless it is with the original petitioner otherwise he has to start all over again and outside the USA. And if he overstays that visa he is in trouble, and he has like 30 days after a divorce to go back or out of status and in big trouble with a strong ban coming. Speaking from experience, I know this from first hand knowledge of two people that went through same situation 6 months ago, he a US citizen(petitioner) and she(beneficiary). It is crystal clear and black and white, he is not going to be able to stay and if he does he is out of status and in ban central with USCIS.

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