K3 Visa- Divorce Shanghai battle

[Shanghailost 0]

Help! My wife and I married in China. I am a US citizen, she is Chinese. She was granted the K3 visa in September, but we have not traveled to the US as of yet- we have till Feb 2010. She wants to divorce now. I disagree, but she says she does not love me anymore. What are my legal obligations to her in the US? Does a divorce in China affect me in the US? Is she able to travel to the US on the K3 visa? Really dont know what to do at this point. I have paid for everything up to this point including visas, housing, food, rent, etc., etc.

Any knowledge or suggestions on what I need to do or are obligated to do? Does this affect me in the US?

Thanks.

[canadian_wife 1,826]

Well, I assume since a legal marriage in China is also a legal marriage in the US, then the same goes for a divorce. If you divorce in China, you are divorced in the US (someone will correct me if I am wrong).

Since the K-3 has been issued already, she can travel to the US. Someone smarter with more experience will explain adjustment of status after a divorce (tough to prove good faith if the divorce is done right after the issuane of a visa or arrival in the US).

Does this affect you in the US? Depends, what specific effects are you looking for?

Good luck, I am sorry about your impending divorce

[freetv 7]

I doubt she will be able to change status but I am sure she can travel to the u.s. Anyway you could contact the embassy and explain what just happened? I am sure they could get her in the system and get her at the poe. But it really sucks that someone is going to be able to enter the u.s. and stay having cheated. Sorry to hear about your trouble, there are way too many nasty people out there.

[imaisha 1]

Someone smarter with more experience will explain adjustment of status after a divorce (tough to prove good faith if the divorce is done right after the issuane of a visa or arrival in the US).

She will not be able to adjust status. It's possible to remove conditions if you can prove the marriage was in good faith, but once she's divorced she'll have no basis for becoming a permanent resident.

There's nothing stopping her from entering on the K-3, overstaying and just living illegally after the 2 years are up.

[Darnell 8,479]

If you get divorced in China - then you are divorced worldwide.

If you have Visa Concerns, contact the USCIS office in BeiJing at the US Embassy there,

or

the Visa Fraud Unit at the US Consulate in Guangzhou.

Alternately, you can send an email via a web form to the IV Unit at Guangzhou. You should know that web site address already, but if you don't, post back here..

If there is room for reconciliation, I suggest you explore that as well.

Good Luck..

[Darnell 8,479]

Also - if you have NOT submitted an I-864, then you are NOT on the hook for 10 years of being liable for her 'to not be a public charge in the USA'. I'm thinking you've only submitted the I-134 ??

I must admit, the timing seems strange - she got the visa and declared 'no love you anymore'.

Personally, I think it's cool she's only a K-3 - as if she tried to come into the USA, she has no basis to adjust status on her own.

Edited October 1, 2009 by Darnell

[JimVaPhuong 4,863]

Technically, her K3 becomes invalid when the divorce is final. If she is already in the US at the time, then her legal residency expires 30 days after that. She cannot self-petition for AOS based on the divorce. The only ways she could adjust status is to file a joint petition with her husband/petitioner (not possible if she's already divorced), or through VAWA if she can prove abuse.

If you get the divorce, then notify USCIS immediately. She'll probably get stopped at the POE if she attempts to use the K3 after that, but only if DoHS knows about the divorce.

[pushbrk 13,043]

Technically, her K3 becomes invalid when the divorce is final. If she is already in the US at the time, then her legal residency expires 30 days after that. She cannot self-petition for AOS based on the divorce. The only ways she could adjust status is to file a joint petition with her husband/petitioner (not possible if she's already divorced), or through VAWA if she can prove abuse.

If you get the divorce, then notify USCIS immediately. She'll probably get stopped at the POE if she attempts to use the K3 after that, but only if DoHS knows about the divorce.

[redglasses 1]

I am sorry this happens to you, but it is good the visa she got is K3. There is no way she can be a LPR by AOS from K3.

[BRB 6]

I think you can stop her from being able to enter the US if you want. She did not act in good faith if she intends to still immigrate to the US and the reason she is being allowed to enter the US is that she is the spouse of a US citizen. She can not say she is married to you. If she does this is fraud. The visa she has is a conditional visa and the condition is that there is a relationship.

You should contact the Embassy in China and tell them you wish to revoke the visa for her as you are not going to be married and do not want to be held responsible for her support.

[Hoot 0]

Stop her now !!! Call NVC immediately 603-334-0700 and speak to an operator. They are likely to ask you to send a letter in withdrawing the K-3 visa. I believe once they receive this letter she will be unable to enter the usa - they will block her at the poe if she gets that far.

Hoot n Dolly

[thongd4me 69]

If you get divorced in China - then you are divorced worldwide.

If you have Visa Concerns, contact the USCIS office in BeiJing at the US Embassy there,

or

the Visa Fraud Unit at the US Consulate in Guangzhou.

Alternately, you can send an email via a web form to the IV Unit at Guangzhou. You should know that web site address already, but if you don't, post back here..

If there is room for reconciliation, I suggest you explore that as well.

Good Luck..

I would contact the visa fraud unit ASAP.

Why? If she thinks she can go to the US (which she may do if you say nothing)

and then drops off the face of the earth, the assumption by the State Department

will be that you conspired with her to get her in the door. This may put a monkey

wrench into future plans you might have for a visa petition for someone else.

[Shanghailost 0]

Well, I assume since a legal marriage in China is also a legal marriage in the US, then the same goes for a divorce. If you divorce in China, you are divorced in the US (someone will correct me if I am wrong).

Since the K-3 has been issued already, she can travel to the US. Someone smarter with more experience will explain adjustment of status after a divorce (tough to prove good faith if the divorce is done right after the issuane of a visa or arrival in the US).

Does this affect you in the US? Depends, what specific effects are you looking for?

Good luck, I am sorry about your impending divorce

Thanks for the help

[HYENA 4]

Shanghai'd that sucks!

[Hell0W0rld 10]

this sucks, contact every government entity that touched this case, USCIS, NVC, Guangzhou Consulate, etc....