Rights of a K3 Spouse who is in US

[DY72 0]

My cousin has got married overseas (through a religious ceremony) to a US Citizen and was brought to US along with him on a K3 Visa.

After she came to the US, the husband did not want to apply for a Permanent Residency and says that he was pressured to get married to her just because his family arranged the marriage. He has started ill treating her here and locks her up in their apartment with limited access to the outside world. He has been waiting for her to quit on the marriage and leave him to go back to her country.

My cousin has been waiting in hope that one day things will get better and that her husband would accept her. But it has been almost 2 years and her K3 Visa is about to expire. The husband is just waiting for the Visa to expire so that she would return back home or that he can report it to the Immigration.

Is there any way for her to approach the Immigration office and request a petition explaining her case that she has been cheated by her husband into marriage and has been abandoned here in the US. She has friends and distant family here but we cannot help her with her immigration status, so is there any way that she can be considered to stay here in the US or a way out other than to return back to her country.

[YuAndDan 153]

Not a topic about filing an I-130 and I-129F for a visa, they already have.

This belongs in the "Effects on Immigrations benefits" forum.. Moving there.

Unfortunately cannot file to adjust status based on the approved I-130 because it requires the cooperation of the petitioner to provide an affidavit of support (I-864) without it and cannot adjust status.

Only two options.

• If can document abuse and got a divorce based on this, then may be able to adjust status and add an I-864W to waiver this requirement.
• OR can divorce, and may adjust status based on marriage to someone else, in this case an I-130 and I-485 would be filed after marriage to someone else.

Edited April 11, 2011 by YuAndDan

[Anh map 2,098]

If what you say is happening (abuse) then it ought to be reported. And she will have to stand up to her spouse when this report occurs. Getting a person out of an unhealthy situation is more important than what the immigration ramifications will be.