WANT TO MARRY GIRL ALREADY MARRIED ON K-3 VISA

[dluke77 9]

I met a girl through a family I know--and we fell in love and quick (right or wrong it happened). She married in Philippines not quite 2 years ago and came here 2 months ago. Since she was married she felt she made a mistake the guy wasn't what she thought he was. After he finally petitioned her on what I believe is the K-3 Visa and she came 2 months ago she has been miserable. He is controlling, lazy drunk, who does have a decent job--but still lives at home with his mother (where she now lives too). She is hoping I can wait until her 2 years here is up and she get her 'condition' of marriage removed.

I imagine instead of waiting for this girl for two years or more while that process takes place there must be an easier way.

Can she leave him now (separation of six months is required before the state will grant divorce here) and live with her sister and eventually me? How long would she be allowed to stay in country?

Is it possible that once her divorce is final that I could marry her quickly after that and petition somehow for her to stay here without her having to go back to the Philippines?

Note: The guy isn't abusive--yet, and it really isn't an 'extreme' hardship if she went back. I actually also wonder if she left him now, was able to stay until the divorce was final and voluntarily went back to the Philippines--How long would she have to stay there before she could come back if I petetion her?

Thanks for any advice or personal experience with this type of issue anyone can share.

[payxibka 10,047]

A "K" visa holder is prohibited from adjusting status to permanent residency via a marriage to anyone else other than the person who originally petitioned for them.

In this situation she will eventually need to return home and get issued a visa based on a petition from you.

[Chica Yeyé 41]

As a K-3 holder, she can only adjust status based on the marriage that originated the petition. If she does not do that and remains in the US after her K visa expires, she is out of status and subject to deportation.

Like pax said - at some point she will have to go back home and re-initiate the process. I don't know of any "easier way".

[brad836 0]

i think she did marry the this man, and if she's unhappy she needs to talk to her husband and let him know this and they need to try and work the matrimony out, get counseling, try something. they both sound too immature. A marriage isn't something that you toss away like rubbish. If he is abusive than I think that is different situation and i agree that divorce should be an option to her for the reason of him being abusive, not because she is in adultery which is a sin.

Second Im sorry, but I gotta say i think you are being in the way, and you should not have contact with her. If you respect her i cant say love because you should not be in love with another man's wife. so if you are respect her you should let them work through this without you, if it ends in divorse, which is sad then you would have the right to pursue her for matrimony, but she would need to go back to phillipine most likely first, and then like is said here you would need to petition her.

peace

[pushbrk 13,001]

A "K" visa holder is prohibited from adjusting status to permanent residency via a marriage to anyone else other than the person who originally petitioned for them.

In this situation she will eventually need to return home and get issued a visa based on a petition from you.

The "eventually" is within thirty days of her divorce being final, unless she already has a green card. If she has a green card, even a conditional one, that's a different story. She then has the ability to self petition to remove conditions, once the divorce is final. If you subsequently marry, you are simply marrying a Legal Permanent Resident and have no immigration issues to deal with until/unless she decides to apply for citizenship.

[dluke77 9]

Pushbrk: Can you tell me what you mean when you say "green card" exactly? I know she was married in the Philippines less than two years ago and came here 2 months ago... she came on a K-3 Visa--Is this the same thing as a 'green card' since the 'condition' of the Visa is marriage?

I have read some on the conditions which she could remove the 'conditions' but I can't honestly say that she meets any of those conditions. It isn't an extreme hardship for her to go back, and as far as I know she isn't being physically abused. Possibly mentally--but that would be hard to prove... don't think crying all night because your husband stays our half the night drinking, leaves you with his mom, and then comes home drunk and passes out qualifies as mental abuse--am I wrong? Think someone would just tell her to tell him to get help--which she has done already.

So if she divorces (which takes 6+ months to do here in my state) then she would have 30 days to go back to the Philippines. If she did this and I did petetion her how long do you think the process would take to get her back her and what would be the quickest process if there is more than one?

I am figuring that her case would be scrutinized alot more since it would be her second time through the system. Assuming it would be beneficial if she went back on her own within that 30 days then correct?

I ask that question because it seems so much advice on here is about people overstaying there visas for years or even coming illegally and being told to marry right away and file for waivers/petetions and that they'll be able to stay... just don't get why she shouldn't just stay then?

Thanks for the replys.

[Dakine 26]

Back out of there! You may get your butte shot. You are giving the pinay an option and intruding where you shouldn't be!

Filipino saying! "Mess around with my wife and I'll stab you with my knife"!!

Edited March 13, 2009 by Haole

[payxibka 10,047]

A "K" visa holder is prohibited from adjusting status to permanent residency via a marriage to anyone else other than the person who originally petitioned for them.

In this situation she will eventually need to return home and get issued a visa based on a petition from you.

The "eventually" is within thirty days of her divorce being final, unless she already has a green card. If she has a green card, even a conditional one, that's a different story. She then has the ability to self petition to remove conditions, once the divorce is final. If you subsequently marry, you are simply marrying a Legal Permanent Resident and have no immigration issues to deal with until/unless she decides to apply for citizenship.

If K-3 and since she has only been here two months... no greencard

Edited March 13, 2009 by payxibka

[sara..... 371]

i think she did marry the this man, and if she's unhappy she needs to talk to her husband and let him know this and they need to try and work the matrimony out, get counseling, try something. they both sound too immature. A marriage isn't something that you toss away like rubbish. If he is abusive than I think that is different situation and i agree that divorce should be an option to her for the reason of him being abusive, not because she is in adultery which is a sin.

Second Im sorry, but I gotta say i think you are being in the way, and you should not have contact with her. If you respect her i cant say love because you should not be in love with another man's wife. so if you are respect her you should let them work through this without you, if it ends in divorse, which is sad then you would have the right to pursue her for matrimony, but she would need to go back to phillipine most likely first, and then like is said here you would need to petition her.

peace

pushbrk knows pretty fully the answer to ur question i would listen to what he says about it anyways good luck to u

sara

[pushbrk 13,001]

Pushbrk: Can you tell me what you mean when you say "green card" exactly? I know she was married in the Philippines less than two years ago and came here 2 months ago... she came on a K-3 Visa--Is this the same thing as a 'green card' since the 'condition' of the Visa is marriage?

I have read some on the conditions which she could remove the 'conditions' but I can't honestly say that she meets any of those conditions. It isn't an extreme hardship for her to go back, and as far as I know she isn't being physically abused. Possibly mentally--but that would be hard to prove... don't think crying all night because your husband stays our half the night drinking, leaves you with his mom, and then comes home drunk and passes out qualifies as mental abuse--am I wrong? Think someone would just tell her to tell him to get help--which she has done already.

So if she divorces (which takes 6+ months to do here in my state) then she would have 30 days to go back to the Philippines. If she did this and I did petetion her how long do you think the process would take to get her back her and what would be the quickest process if there is more than one?

I am figuring that her case would be scrutinized alot more since it would be her second time through the system. Assuming it would be beneficial if she went back on her own within that 30 days then correct?

I ask that question because it seems so much advice on here is about people overstaying there visas for years or even coming illegally and being told to marry right away and file for waivers/petetions and that they'll be able to stay... just don't get why she shouldn't just stay then?

Thanks for the replys.

She either has a green card or she doesn't but if she actually arrived on a K3 visa only two months ago, she doesn't have a green card. I only mentioned the other option because you didn't seem sure about the K3 aspect. If she arrived instead on a CR1 visa, she has permanent resident status, whether the green card came in the mail yet or not.

[RickD 0]

I know you feel that you are in love, but this is a bad situation. If she is cheating with you on her husband, regardless of his flaws, she is wrong and you are wrong. You have no right whatsoever to be involved with a married woman, I don't care how you "feel" or how big a bum her husband may be. Good grief, even before I became a Christian, I had enough sense not to mess with married women. Back off, let them solve their problems and then, if she gets divorced, you can see where your relationship goes. If you continue in this relationship, I predict you will buy yourself some major trouble. I don't say this to be mean or judgmental. The reality is, a lot of guys have been shot for less!

RickD

[YuAndDan 153]

Pushbrk: Can you tell me what you mean when you say "green card" exactly? I know she was married in the Philippines less than two years ago and came here 2 months ago... she came on a K-3 Visa--Is this the same thing as a 'green card' since the 'condition' of the Visa is marriage?

I have read some on the conditions which she could remove the 'conditions' but I can't honestly say that she meets any of those conditions. It isn't an extreme hardship for her to go back, and as far as I know she isn't being physically abused. Possibly mentally--but that would be hard to prove... don't think crying all night because your husband stays our half the night drinking, leaves you with his mom, and then comes home drunk and passes out qualifies as mental abuse--am I wrong? Think someone would just tell her to tell him to get help--which she has done already.

So if she divorces (which takes 6+ months to do here in my state) then she would have 30 days to go back to the Philippines. If she did this and I did petetion her how long do you think the process would take to get her back her and what would be the quickest process if there is more than one?

I am figuring that her case would be scrutinized alot more since it would be her second time through the system. Assuming it would be beneficial if she went back on her own within that 30 days then correct?

I ask that question because it seems so much advice on here is about people overstaying there visas for years or even coming illegally and being told to marry right away and file for waivers/petetions and that they'll be able to stay... just don't get why she shouldn't just stay then?

Thanks for the replys.

She either has a green card or she doesn't but if she actually arrived on a K3 visa only two months ago, she doesn't have a green card. I only mentioned the other option because you didn't seem sure about the K3 aspect. If she arrived instead on a CR1 visa, she has permanent resident status, whether the green card came in the mail yet or not.

Correct, this is one of the down-sides of a K-3 visa, ADJUSTMENT OF STATUS, if they entered on a CR-1 visa the initial visa applied for before filing I-129F for the K-3, then this would NOT be an issue, the IMMIGRANT would have green-card the moment they enter the USA.

Moving this to "Effects of Major Family Changes on Immigration Benefits"

[rheanick 42]

Be careful of what you are doing. You are messing with someone's wife. You could just be another scape goat for her. If it's your turn and she is not satisified with you, she would also leave you and find another man. Same thing she is doing right now with her present husband.

[Old Dominion 26]

Without putting her at risk forever, there is no way you can obtain a green card (legal permanent resident) for her -- unless she returns to the Phils after getting the divorce underway. Then, you are free to marry one another and you can apply for a spousal visa. Seems like that will all take about 18 months, more or less. Do the two of you have that kind of patience?

The longer she suffers in that home environment, the more emotional damage she will face. His mom obviously has put up with her son's drinking habits for quite a long time, and in fact has probably been an enabler. It's a lost cause for your girlfriend until she gets back to the Phls and the divorce decree is issued.

Meanwhile, you are at risk yourself, so get wise and stay away from her until she's back in the Phils. She can't expect to have it both ways until she herself takes action.

Edited March 13, 2009 by Old Dominion

[diadromous mermaid 36]

A "K" visa holder is prohibited from adjusting status to permanent residency via a marriage to anyone else other than the person who originally petitioned for them.

In this situation she will eventually need to return home and get issued a visa based on a petition from you.

The "eventually" is within thirty days of her divorce being final, unless she already has a green card. If she has a green card, even a conditional one, that's a different story. She then has the ability to self petition to remove conditions, once the divorce is final. If you subsequently marry, you are simply marrying a Legal Permanent Resident and have no immigration issues to deal with until/unless she decides to apply for citizenship.

In 30 days she would fall out of status if she divorces the initial petitioner before she has successfully adjusted status. However, even if he were to marry her, she'd need to return to her homeland and apply for a visa. In that case, she could remain 209 days from the date her divorce is final before she would incur a bar to re-admission. Of course 179 of those days she'd be out of status, and technically removable.