just freaking Lovely

[diadromous mermaid 36]

DM et al.: Has something changed? Won't he lose his K3 status after divorce if he hasn't adjusted yet? And can't he not adjust status unless through the original petitioner?

Jenn!

Aliens that enter the USA on a K type visa must also meet the specific requirement to adjust status through the initial USC petitioner, yes. If the marriage ends prior to adjustment, the alien cannot simply marry someone else and adjust status through the second marriage. I say simply, because there's nothing to preclude a K1 or a K3 from leaving the country and returning to remarry on some other type of visa, or without a visa for that matter (although being successful entering the country on VWP once an immigrant petition has been in place could be tricky). And of course nothing precludes an alien from utilising any other basis for adjustment for which he or she is eligible.

A K entrant has non-immigrant status upon arrival in the USA, and pending immigrant status in the USA, once the AOS has been submitted and until adjustment of status is either approved or denied. The visa is an entry document, and will be valid up to the date stamped on an I-94. The non-immigrant (an alien that has not yet applied for AOS) will have lawful presence as long as he or she abides by the departure date on the I-94). That is why when the OP made an inquiry, USCIS informed her that he could remain in the USA until the date on his visa.

Edited November 21, 2007 by diadromous mermaid

[Jenn! 918]

DM et al.: Has something changed? Won't he lose his K3 status after divorce if he hasn't adjusted yet? And can't he not adjust status unless through the original petitioner?

Jenn!

Aliens that enter the USA on a K type visa must also meet the specific requirement to adjust status through the initial USC petitioner, yes. If the marriage ends prior to adjustment, the alien cannot simply marry someone else and adjust status through the second marriage. I say simply, because there's nothing to preclude a K1 or a K3 from leaving the country and returning to remarry on some other type of visa, or without a visa for that matter (although being successful entering the country on VWP once an immigrant petition has been in place could be tricky). And of course nothing precludes an alien from utilising any other basis for adjustment for which he or she is eligible.

A K entrant has non-immigrant status upon arrival in the USA, and pending immigrant status in the USA, once the AOS has been submitted and until adjustment of status is either approved or denied. The visa is an entry document, and will be valid up to the date stamped on an I-94. The non-immigrant (an alien that has not yet applied for AOS) will have lawful presence as long as he or she abides by the departure date on the I-94). That is why when the OP made an inquiry, USCIS informed her that he could remain in the USA until the date on his visa.

So when his AOS is denied due to no affidavit of support, will he still be able to stay until the expiry of the I-94?

[*JG* 2]

I think it's just another case of bad customer service follow up. How many times have you had bad service somewhere and complained, shown proof. Usually, the follow up service I receive is less then satisfactory and often times, non-existant. I kind of view this as the same thing. They were all gung ho about all the paperwork and hassles. Now, that it's done, they could care less what happens from there.

[diadromous mermaid 36]

DM et al.: Has something changed? Won't he lose his K3 status after divorce if he hasn't adjusted yet? And can't he not adjust status unless through the original petitioner?

Jenn!

Aliens that enter the USA on a K type visa must also meet the specific requirement to adjust status through the initial USC petitioner, yes. If the marriage ends prior to adjustment, the alien cannot simply marry someone else and adjust status through the second marriage. I say simply, because there's nothing to preclude a K1 or a K3 from leaving the country and returning to remarry on some other type of visa, or without a visa for that matter (although being successful entering the country on VWP once an immigrant petition has been in place could be tricky). And of course nothing precludes an alien from utilising any other basis for adjustment for which he or she is eligible.

A K entrant has non-immigrant status upon arrival in the USA, and pending immigrant status in the USA, once the AOS has been submitted and until adjustment of status is either approved or denied. The visa is an entry document, and will be valid up to the date stamped on an I-94. The non-immigrant (an alien that has not yet applied for AOS) will have lawful presence as long as he or she abides by the departure date on the I-94). That is why when the OP made an inquiry, USCIS informed her that he could remain in the USA until the date on his visa.

So when his AOS is denied due to no affidavit of support, will he still be able to stay until the expiry of the I-94?

There's a distinction between failing to apply for adjustment, and applying and being denied. As far as I know, if he simply does not attempt to adjust, then as far as legality is concerned, he maintains his non-immigrant status and would be subject to depart prior to the expiry on his I-94.

Now, as for having applied to adjust and thereafter receiving notification that his application has been denied, I believe that he would immediately be rendered out of status, and would be subject to removal as of the date of adjudication of his application.

If you have any questions, a quick call to an immigration expert could set you straight.

[Jenn! 918]

DM et al.: Has something changed? Won't he lose his K3 status after divorce if he hasn't adjusted yet? And can't he not adjust status unless through the original petitioner?

Jenn!

Aliens that enter the USA on a K type visa must also meet the specific requirement to adjust status through the initial USC petitioner, yes. If the marriage ends prior to adjustment, the alien cannot simply marry someone else and adjust status through the second marriage. I say simply, because there's nothing to preclude a K1 or a K3 from leaving the country and returning to remarry on some other type of visa, or without a visa for that matter (although being successful entering the country on VWP once an immigrant petition has been in place could be tricky). And of course nothing precludes an alien from utilising any other basis for adjustment for which he or she is eligible.

A K entrant has non-immigrant status upon arrival in the USA, and pending immigrant status in the USA, once the AOS has been submitted and until adjustment of status is either approved or denied. The visa is an entry document, and will be valid up to the date stamped on an I-94. The non-immigrant (an alien that has not yet applied for AOS) will have lawful presence as long as he or she abides by the departure date on the I-94). That is why when the OP made an inquiry, USCIS informed her that he could remain in the USA until the date on his visa.

So when his AOS is denied due to no affidavit of support, will he still be able to stay until the expiry of the I-94?

There's a distinction between failing to apply for adjustment, and applying and being denied. As far as I know, if he simply does not attempt to adjust, then as far as legality is concerned, he maintains his non-immigrant status and would be subject to depart prior to the expiry on his I-94.

Now, as for having applied to adjust and thereafter receiving notification that his application has been denied, I believe that he would immediately be rendered out of status, and would be subject to removal as of the date of adjudication of his application.

If you have any questions, a quick call to an immigration expert could set you straight.

Good to know. As far as I know, the application for adjustment was submitted, but the OP subsequently withdrew the affidavit of support. Which I guess would mean that the I-485 should be denied.

[StoryAngel 4]

deemabrouk this might be of interest to you:

If anyone has good or bad stories of marrying thier spouse, especially North African/Middle East men, I have a forum, so tell your story. If your story is bad, we can be a warning for other,s so they won't lose their money or their hearts, and if you have a good one, than tell us about him. IM me if you want to join, anyone is welcome.

http://greencardgurls.forumcab.com/viewfor...b4f2fe1a2801642

[deemabrouk 0]

DM et al.: Has something changed? Won't he lose his K3 status after divorce if he hasn't adjusted yet? And can't he not adjust status unless through the original petitioner?

Jenn!

Aliens that enter the USA on a K type visa must also meet the specific requirement to adjust status through the initial USC petitioner, yes. If the marriage ends prior to adjustment, the alien cannot simply marry someone else and adjust status through the second marriage. I say simply, because there's nothing to preclude a K1 or a K3 from leaving the country and returning to remarry on some other type of visa, or without a visa for that matter (although being successful entering the country on VWP once an immigrant petition has been in place could be tricky). And of course nothing precludes an alien from utilising any other basis for adjustment for which he or she is eligible.

A K entrant has non-immigrant status upon arrival in the USA, and pending immigrant status in the USA, once the AOS has been submitted and until adjustment of status is either approved or denied. The visa is an entry document, and will be valid up to the date stamped on an I-94. The non-immigrant (an alien that has not yet applied for AOS) will have lawful presence as long as he or she abides by the departure date on the I-94). That is why when the OP made an inquiry, USCIS informed her that he could remain in the USA until the date on his visa.

So when his AOS is denied due to no affidavit of support, will he still be able to stay until the expiry of the I-94?

There's a distinction between failing to apply for adjustment, and applying and being denied. As far as I know, if he simply does not attempt to adjust, then as far as legality is concerned, he maintains his non-immigrant status and would be subject to depart prior to the expiry on his I-94.

Now, as for having applied to adjust and thereafter receiving notification that his application has been denied, I believe that he would immediately be rendered out of status, and would be subject to removal as of the date of adjudication of his application.

If you have any questions, a quick call to an immigration expert could set you straight.

Good to know. As far as I know, the application for adjustment was submitted, but the OP subsequently withdrew the affidavit of support. Which I guess would mean that the I-485 should be denied.

they denied it due to "improper filing"... aka.. I cancelled the check... even the paper stated We would have to start from scratch if we wanted to reapply.. AND even if he got crafty... I am not even making enough $ to sponsor him.. and NO ONE would ever co sponsor..

[Ban Hammer 13,334]

dee, sorry to hear this happened to you. my heart goes out to you

[Chuckles 0]

DM et al.: Has something changed? Won't he lose his K3 status after divorce if he hasn't adjusted yet? And can't he not adjust status unless through the original petitioner?

Jenn!

Aliens that enter the USA on a K type visa must also meet the specific requirement to adjust status through the initial USC petitioner, yes. If the marriage ends prior to adjustment, the alien cannot simply marry someone else and adjust status through the second marriage. I say simply, because there's nothing to preclude a K1 or a K3 from leaving the country and returning to remarry on some other type of visa, or without a visa for that matter (although being successful entering the country on VWP once an immigrant petition has been in place could be tricky). And of course nothing precludes an alien from utilising any other basis for adjustment for which he or she is eligible.

A K entrant has non-immigrant status upon arrival in the USA, and pending immigrant status in the USA, once the AOS has been submitted and until adjustment of status is either approved or denied. The visa is an entry document, and will be valid up to the date stamped on an I-94. The non-immigrant (an alien that has not yet applied for AOS) will have lawful presence as long as he or she abides by the departure date on the I-94). That is why when the OP made an inquiry, USCIS informed her that he could remain in the USA until the date on his visa.

So when his AOS is denied due to no affidavit of support, will he still be able to stay until the expiry of the I-94?

There's a distinction between failing to apply for adjustment, and applying and being denied. As far as I know, if he simply does not attempt to adjust, then as far as legality is concerned, he maintains his non-immigrant status and would be subject to depart prior to the expiry on his I-94.

Now, as for having applied to adjust and thereafter receiving notification that his application has been denied, I believe that he would immediately be rendered out of status, and would be subject to removal as of the date of adjudication of his application.

If you have any questions, a quick call to an immigration expert could set you straight.

Good to know. As far as I know, the application for adjustment was submitted, but the OP subsequently withdrew the affidavit of support. Which I guess would mean that the I-485 should be denied.

they denied it due to "improper filing"... aka.. I cancelled the check... even the paper stated We would have to start from scratch if we wanted to reapply.. AND even if he got crafty... I am not even making enough $ to sponsor him.. and NO ONE would ever co sponsor..

I'm curious, does this mean you found a way to deny him any kind of immigrant status, based on the I-485 being denied? Is he being deported now?

Sorry to butt in, I'm sorry this happened to you. Be strong and move on as soon as you can.

[Angel7422 0]

Dee,

I am sorry that you have to go through this just keep your head up.

[rashell 0]

Dee, from experience I can truley say the people on here will give good advice.

I went to immigrations to do an info pass, I spoke to an officer, had evidence. Very important you have evidence to prove he married u for the reason for him a green card, they are willing to talk with you because they want the green card scam to stop.

[Fandango 1,439]

Stay strong, Dee...we're plugging for ya!

[deemabrouk 0]

Dee, from experience I can truley say the people on here will give good advice.

I went to immigrations to do an info pass, I spoke to an officer, had evidence. Very important you have evidence to prove he married u for the reason for him a green card, they are willing to talk with you because they want the green card scam to stop.

the problem is I dont have concrete evidence.. I already know through the grape vine that he has already tried to contact immigration.. and that he is already asking around to hurry up and get another wife.. *vomit*

Its funny how "heart broken" he is.. and that He DIDNT marry me for papers.. *roll eyes* but now the divorce papers are Not even signed yet.. and he is already looking for a replacement...

[rashell 0]

Dee, from experience I can truley say the people on here will give good advice.

I went to immigrations to do an info pass, I spoke to an officer, had evidence. Very important you have evidence to prove he married u for the reason for him a green card, they are willing to talk with you because they want the green card scam to stop.

the problem is I dont have concrete evidence.. I already know through the grape vine that he has already tried to contact immigration.. and that he is already asking around to hurry up and get another wife.. *vomit*

Its funny how "heart broken" he is.. and that He DIDNT marry me for papers.. *roll eyes* but now the divorce papers are Not even signed yet.. and he is already looking for a replacement...

set an appt. for info pass with ur divorce papers and the fact he is trying to marry someone else. I heard that the two of you would have to go in for removal of conditions, he can also go in and try to prove he went in for the right reason but it didn't work out. If u have the complaint in his folder they will question the marriage that also came from the officer. Read my post people left good advice for me. I have 2 post.

[Fandango 1,439]

I'm not real sure that him looking to marry someone else is evidence enough for entering into your marriage fraudulently. I have heard many stories about USC marriages where someone is leaving the marriage, then getting married to someone else immediately. Yanno....engaged whilst getting divorced.

But that's just my opinion...I hope I'm wrong, and it somehow flags him, Dee...