K-3 to greencard

[Rickmt57]

My wife has a friend who came here on a K-3 visa almost 2 years ago and in August her visa will expire. The problem is her husband doesnt want to renew her visa, she keeps asking him about it but he either doesnt want to talk about it or he tells her he wants to file for an extension. She is feeling her husband just wants to control her and there are other things that point to this that we dont want to go into.

The question is what are her options if he wont file the papers for her extension?

 

Thanks for any help you can give us.

[dnoblett]

Needs to commit or get off the pot, she can file the I-485 to adjust however she needs an I-864 from him.

 

What is waiting for?? They are well past the point where they would get a conditional card, the result will be a 10 year card.

 

Only issue is a FULL med will be needed.

[Rickmt57]

Needs to commit or get off the pot, she can file the I-485 to adjust however she needs an I-864 from him.

 

What is waiting for?? They are well past the point where they would get a conditional card, the result will be a 10 year card.

 

Only issue is a FULL med will be needed.

 

Thats what we cant understand, she is eligible for the 10 year card. She doesnt know what to think yet she works and brings home the money for his family. what happens if he wont do anything will she have to go back to China? Is there anything she can do?

 

Thanks

[Randy W]

Needs to commit or get off the pot, she can file the I-485 to adjust however she needs an I-864 from him.

 

What is waiting for?? They are well past the point where they would get a conditional card, the result will be a 10 year card.

 

Only issue is a FULL med will be needed.

 

Thats what we cant understand, she is eligible for the 10 year card. She doesnt know what to think yet she works and brings home the money for his family. what happens if he wont do anything will she have to go back to China? Is there anything she can do?

 

Thanks

 

 

She needs to talk to a good immigration attorney,if her husband really doesn't want to do anything and she wants to stay anyway.

[dnoblett]

Thats what we cant understand, she is eligible for the 10 year card. She doesnt know what to think yet she works and brings home the money for his family. what happens if he wont do anything will she have to go back to China? Is there anything she can do?

 

Thanks

A few issues you do bring up here.

 

Working, K-3 is not work authorized, a K-3 can apply for an EAD and using EAD get SSN, however the EAD expires when their I-94 expires. So I am not sure if they at least flipped to bill to get an EAD.

 

When I-94 expires she becomes out of status, and subject to deportation, if out of status more than 6 months there will be a bar placed on future re-entries to the USA.

 

Options are limited.

 

Adjust status from the K-3 (the I-130 part of the K-3 remains approved even if goes out of status on K-3) however the resulting interview will have questions as to why they took so long to adjust, as well as about working if has no EAD.

 

File an I-824 to move the I-130 on to NVC if it is still at USCIS and go through the IR-1 visa process, return home and interview for the IR-1 visa. Again questions will be asked.

 

Divorce and perhaps marry someone else and file I-130+I-485 and adjust status that way. Questions questions questions may be asked.

 

One point about EAD, if the problem is that husband has low income, K-3 with an EAD CAN add their income to that of spouse and act as member of sponsor's household. US Citizen spouse provides I-864, K-3 with an EAD can provide an I-864A to add their income to that of their spouse when adjusting status. They can show partial support of them self.

Edited March 11, 2010 by dnoblett (see edit history)

[samsong]

Like dnoblett says; she can file the I-485 for AOS. That will buy her some time to figure out things for herself. The I-797C letter of acceptance that she will get in the mail will be her proof of legal presence after her K3 expires and while her case is being processed, which could take a few months, giving her time to get things in order.

[dnoblett]

Like dnoblett says; she can file the I-485 for AOS. That will buy her some time to figure out things for herself. The I-797C letter of acceptance that she will get in the mail will be her proof of legal presence after her K3 expires and while her case is being processed, which could take a few months, giving her time to get things in order.

Only catch is the required I-864 from the person who filed the I-130 petition in the first place. K-3 adjusting status is based on an approved I-130 that was filed by their spouse.

[dnoblett]

Sort of glad that USCIS and NVC have changed how they have been handling the K-3, for the most part K-3 is dead.

 

USCIS for some time now have been approving BOTH I-129F AND I-130 together at the same time and sending both to NVC where NVC has been closing the I-129F case and proceeding with the I-130 for a Spousal immigrant visa (CR-1, IR-1) which ultimately results in green-card upon entry to the USA. Only issue with NVC closing K-3 is if there is a K-4 involved, and there was no I-130 filed for the K-4 when applying for the K-3, I suspect once USCIS gets wind of this issue, they will start sending out RFE's for I-130 for immigrating "K-4" children.

 

None of this AOS crap that this thread is about.

[Rickmt57]

I dont know all the fact all I know at this time is she came here on a K-3 and got her permit to work and that everything is going to expire soon and her husband is dragging his feet. She has asked him if he wants a divorce and for her to go back to China and he tells her no, but then still will not file the I-864. He is driving her crazy because of this.

From what I'm understanding is she can file for an extention herself and buy her a few months or she can tell her husband she is leaving and start saving her money to go back home, which she doesnt want to do.

We are just looking for enough information to get her pointed in the right direction. Thanks to everyone who has responded so far.

[dnoblett]

I dont know all the fact all I know at this time is she came here on a K-3 and got her permit to work and that everything is going to expire soon and her husband is dragging his feet. She has asked him if he wants a divorce and for her to go back to China and he tells her no, but then still will not file the I-864. He is driving her crazy because of this.

From what I'm understanding is she can file for an extention herself and buy her a few months or she can tell her husband she is leaving and start saving her money to go back home, which she doesnt want to do.

We are just looking for enough information to get her pointed in the right direction. Thanks to everyone who has responded so far.

Yes she can file an I-539 and I-765 to extend K-3 class and EAD but this will cost $300 + $340 ($640) Must be some financial issue, AOS is $1010 which also covers the cost for EAD.

 

K-3/4 Nonimmigrants:

 

Use this form to obtain an extension of K-3/4 status while your permanent residence case is being processed. You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request renewal of your employment authorization. You may travel outside of the United States and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

 

He SHOULD NOT fear the I-864 I have yet to see this being enforced other than a couple of divorce cases.