I Got EAD Card Haven't Filed For AOS

[grease 0]

A friend of mine introduce me to this site she told me i could ask question about my immigration status.

I have been married going on 3 years now i came here on a K3 visa about 5months ago i have my EAD card but we haven't filed for Adjustment of status yet due to financial issues, so far the marriage isn't going work for the both of us because there is alot we don't know about each other, to cut the story short we are conteplating on a divorce... I really gave up a lot in my country just to come down here that if i go back now i will have nothing to lean back on, now the question if we get divorced since we haven't file for the Adjustment of status will i be returned back to my country or the government will let me stay here since my K3 visa last for 2years....Also if i marry another USC will i be able to Adjust my status from my new marriage...??

Please guys don't think this is a TROLL.

Thanks for your advice in advance.

[diadromous mermaid 36]

now the question if we get divorced since we haven't file for the Adjustment of status will i be returned back to my country

Simply put:

Techincally, yes

or the government will let me stay here since my K3 visa last for 2years....

Technically, no

Also if i marry another USC will i be able to Adjust my status from my new marriage...??

Technically, no

[grease 0]

Thank you for the answers. I have seen someone who came here on a K3 visa and his first marriage never worked for him he divorced and marry another USC and now they are filling their AOS. Was it something they did or what....I don't understand when the visa allows you to stay for 2years, why will the govt deport me since i have a valid visa?

Someone please clarify this for me.....Your advice will be greatly welcomed[/i]

Edited November 6, 2007 by grease

[diadromous mermaid 36]

Thank you for the answers. I have seen someone who came here on a K3 visa and his first marriage never worked for him he divorced and marry another USC and now they are filling their AOS. Was it something they did or what....I don't understand when the visa allows you to stay for 2years, why will the govt deport me since i have a valid visa?

Someone please clarify this for me.....Your advice will be greatly welcomed

K visas are subject to more stringent requirements. One requirement is that adjustment (marriage-based) should be through the initial petitioner (US citizen spouse). Marriage to another US citizen and subsequently adjusting while in the USA is possible, but the K3 would have to find another basis for adjustment, such as employment etc. You should confer with an immigration attorney to investigate any and all options, of course. My thoughts are that the K3 applicant that divorces prior to AOS being submitted can return to his or her country either to return as a K1 fiancee, or marry there and pursue another K3 or spousal immigrant petition, or remarry in the USA but return for consular processing. Either way, if wishing to pursue a second marriage-based petition, the K3 would be required to leave the country first.

[bradcanuck 1]

My only comment is the case may be looked at very carefully if you do divorce and remarry. Especially depending on your origin country. The legalities involved are too complex for my knowledge.