Looking for suggestions concerning an estranged American husband and K3 visa

[tjtoedtli 5]

I'm writing this for a friend of mine from Brazil. Her English leaves a bit to be desired. This is the situation. She was approved for a K1 visa and traveled to the states and married her husband 2 years and 7 months ago. Within one month of their wedding, her brother in Brazil committed suicide and she had to go back to Brazil to deal with that and to care for her distraught mother. She was there for a year and eventually her husband pressured her to start the visa process again. I'm assuming it was a K3 visa this time. The visa was approved and she received it in June of this year, 2018. Everything is fine up to this point, though they have had problems all along because of the husband's temper and attitude. Just weeks after she received her visa to travel back to the states to be with her husband, he flipped out accusing her of many unfounded things and has blocked her from messaging him on Whatsapp and has refused to take her calls for the last 2 months. Her daughter was able to contact the husband and he was very rude to her and said that his wife was trying to steal from him an he had contacted Homeland Security. I've known my friend from Brazil a long time, and I know she is exactly opposite of everything he says. I think he just found someone he can control more and is trying to get rid of his wife. That brings us back to my friend. Now, she doesn't know what to do, or even what she CAN do. She has a visa to enter the states, but she doesn't want to be with her abusive husband. She has invested 3 years into coming to the states and starting her life here, (with the delay because if her brother) and now she has a visa but she doesn't know if she can use it since her husband refuses to talk to her. Does anyone have any suggestions as to what she can do? Or, maybe someone she can contact to see what her options are? She has written a long document stating everything that has happened but she doesn't know where to send it or if she even should. And she doesn't want to travel to the states and get into trouble for doing so. Any suggestions would be greatly appreciated. Thanks!

[Ryan H 3,812]

Moved from K3 Process & Procedures to Effects of Major Family Changes on Immigration Benefits forum.

[bakphx1 789]

It sounds like she dodged a bullet.  If he’s that unstable, she could have been in a very bad situation.  I don’t know what she can do about the visa.  I think she may have to surrender it.    Since she never used it to even visit him, it’s probably useless.

[mushroomspore 3,044]

It's probably an IR1 visa as K3's are obsolete now and they turn K3 applications into K1 or CR1/IR1.

 

That said, she doesn't have much longer to decide what to do as I believe the visa is good for 6 months after issuance and it needs to be used during that time to enter the US. However, the problem is that if she does, she will either have to live with her husband or live separately from him. The problem with the second option is that if she were to file for naturalization down the road, her marriage will be scrutinized because USCIS will know she was not living with her husband. The validity of issuing her the visa and consequent green card will be thrown into question and her permanent resident status may be stripped entirely. Same if she divorces him quickly after entry. I would not advise her to try living with him. He sounds awful. My opinion is that she files for divorce from Brazil and to stay put. I know she probably has very idealistic hopes and dreams concerning life in the US but it is not worth putting herself through hell with this man.

Edited September 8, 2018 by mushroomspore

[Crazy Cat 41,908]

1 hour ago, tjtoedtli said:

She has a visa to enter the states, but she doesn't want to be with her abusive husband.

That spousal visa is intended to unite spouses......

[David & Diana R 1,005]

1 hour ago, tjtoedtli said:

I'm writing this for a friend of mine from Brazil. Her English leaves a bit to be desired. This is the situation. She was approved for a K1 visa and traveled to the states and married her husband 2 years and 7 months ago. Within one month of their wedding, her brother in Brazil committed suicide and she had to go back to Brazil to deal with that and to care for her distraught mother. She was there for a year and eventually her husband pressured her to start the visa process again. I'm assuming it was a K3 visa this time. The visa was approved and she received it in June of this year, 2018. Everything is fine up to this point, though they have had problems all along because of the husband's temper and attitude. Just weeks after she received her visa to travel back to the states to be with her husband, he flipped out accusing her of many unfounded things and has blocked her from messaging him on Whatsapp and has refused to take her calls for the last 2 months. Her daughter was able to contact the husband and he was very rude to her and said that his wife was trying to steal from him an he had contacted Homeland Security. I've known my friend from Brazil a long time, and I know she is exactly opposite of everything he says. I think he just found someone he can control more and is trying to get rid of his wife. That brings us back to my friend. Now, she doesn't know what to do, or even what she CAN do. She has a visa to enter the states, but she doesn't want to be with her abusive husband. She has invested 3 years into coming to the states and starting her life here, (with the delay because if her brother) and now she has a visa but she doesn't know if she can use it since her husband refuses to talk to her. Does anyone have any suggestions as to what she can do? Or, maybe someone she can contact to see what her options are? She has written a long document stating everything that has happened but she doesn't know where to send it or if she even should. And she doesn't want to travel to the states and get into trouble for doing so. Any suggestions would be greatly appreciated. Thanks!

Maybe it's just me but I would be a little upset if my new wife left the country for a year???!!!  I might suspect she was just looking for a green card.  Just thinking out loud.  Good luck to your "friend".

Edited September 8, 2018 by David & Zoila

[Crazy Cat 41,908]

Just now, David & Zoila said:

Maybe it's just me but I would be a little upset if my new sife left the country for a year???!!!  I might suspect she was just looking for a green card.  Just thinking out loud.  Good luck to your "friend".

What would you think if she wanted to enter the US via a spousal visa, but did not want to live with her spouse?  Even more suspicious, imo.

[Roel 7,192]

She should divorce and not use her visa. Family based visa is meant to reunite families. She cannot use it if she doesn't intent to live with her husband. 

[kris&me 572]

she has to question herself

Did she do all this to be with him (as immigration tries to impress on us in interviews)?

or did she do this to be in the USA?  looking for a green card only is not what immigration likes to see or hear

up to her

[Unlockable 7,314]

13 hours ago, tjtoedtli said:

I'm writing this for a friend of mine from Brazil. Her English leaves a bit to be desired. This is the situation. She was approved for a K1 visa and traveled to the states and married her husband 2 years and 7 months ago. Within one month of their wedding, her brother in Brazil committed suicide and she had to go back to Brazil to deal with that and to care for her distraught mother. She was there for a year and eventually her husband pressured her to start the visa process again. I'm assuming it was a K3 visa this time. The visa was approved and she received it in June of this year, 2018. Everything is fine up to this point, though they have had problems all along because of the husband's temper and attitude. Just weeks after she received her visa to travel back to the states to be with her husband, he flipped out accusing her of many unfounded things and has blocked her from messaging him on Whatsapp and has refused to take her calls for the last 2 months. Her daughter was able to contact the husband and he was very rude to her and said that his wife was trying to steal from him an he had contacted Homeland Security. I've known my friend from Brazil a long time, and I know she is exactly opposite of everything he says. I think he just found someone he can control more and is trying to get rid of his wife. That brings us back to my friend. Now, she doesn't know what to do, or even what she CAN do. She has a visa to enter the states, but she doesn't want to be with her abusive husband. She has invested 3 years into coming to the states and starting her life here, (with the delay because if her brother) and now she has a visa but she doesn't know if she can use it since her husband refuses to talk to her. Does anyone have any suggestions as to what she can do? Or, maybe someone she can contact to see what her options are? She has written a long document stating everything that has happened but she doesn't know where to send it or if she even should. And she doesn't want to travel to the states and get into trouble for doing so. Any suggestions would be greatly appreciated. Thanks!

You may be only getting one side of the story. But if he is abusive or argumentative then she should definitely not remain in the marriage. With that said, it would definitely cause a strain on any relationship if a person leaves for a year. Now I’m not saying your friend should not have left. We all would have done the same thing. But to be away for an entire year can certainly raise problems in a relationship.

 

To answer your questions, she cannot use the visa to enter if she does not want to be married to her husband any longer. If her husband wants a divorce then her path to immigrate has ended, unfortunately.

 

She has to come to a realization on a few things. Her safest course of action is to abandon the spousal visa and seek a divorce.

[tjtoedtli 5]

For the record, I completely agree with the comments stating she needs to get a divorce and abandon the visa. As is often the case, friends will take the advice of complete strangers as opposed to those closest to them. Though I was certain this was the correct thing to do, she insisted I write. I thank all of you that took the time to reply with constructive suggestions!

[Boiler 45,571]

Whatever visa she has is for family reunification so longer appropriate.

 

Divorce and move on.

[TNJ17 1,329]

If she is no longer in a relationship with this man she has no reason to come here anymore. She needs to surrender her visa because spousal visas are for reuniting families. It seems he is done with the relationship, whatever his reasons may be, and she no longer qualifies to live here. I don’t know how much damage he can do to her through Homeland Security, but if he’s filing for a divorce I guess he can inform USCIS the marriage is dissolving and there may be a red flag if she tries to come. I don’t know if that is how it works but seems fair. She chose to leave in the middle of AOS and she didn’t have to be gone that long but she chose to. That’s not really how you should start a marriage. If he is all that he says he is, why would she want to be with him? It would look like she would be doing it just for the greencard. What woman would stay with an abusive man who made all those false claims about her? It looks like she got lucky he’s just done with the relationship and she should just forget it, file for divorce and continue her life down there. She won’t be immigrating on that visa and she shouldn’t. 

Edited September 8, 2018 by TNJ17

[Villanelle 4,122]

There was a post about this kind of issue a very long time ago. It went on for pages- many people insisting a family unification visa can not be used if there is no intent to unite the family. This is UNTRUE. No where in the law does it demand you 'reunite' with your family. Anyone who does not believe this is free to do research and prove me wrong.) 

She would be subject to ROC (depending on how long shes been married when entering) and if she decides to file for naturalization- they will look at her marriage. If she does neither of the above no one will ever have reason to look.

 

She would then have to prove the marriage was bonafide. It will be hard to prove the marriage was not for immigration benefits if the marriage was 'over' and immigration benefits were then used. Its not impossible though. \

This post also mentioned abuse. That may play a factor and she may be eligible to get a GC through VAWA depending on the specifics.

 

IF he withdraws his support for her visa (which he can do up until the point of entry) then she will not be admitted. If he didnt withdraw his support the visa is technically valid and no law prevents her from using it.  

[Boiler 45,571]

VAWA?

 

Seems they have not been on the same Continent.