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#1 mybabylove

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Posted 27 July 2009 - 10:39 PM

I want to ask an opinion and help regarding the case of my friend. She found out that her husband is cheating on her and the husband choose that girl over her. And he wants to file a divorce on her behalf the big problem is she havent adjust her status yet and shes been here in the u.s for 7 years already. Shes under a K3 visa. Ive heard from her that before her husband will file a divorce he will adjust her status first so she wont get deported/ Is that possible and my friend dont know anything where to seek help and what she gonna do. Your advice is greatly appreciated.



#2 rbacon

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Posted 27 July 2009 - 10:54 PM


It's posible, but they can expect some static from USCIS, since the I-130 petition and apprval are no longer current and she ahs been TNT for 5 years.

--Ray B

QUOTE (mybabylove @ Jul 27 2009, 05:39 PM) <{POST_SNAPBACK}>
I want to ask an opinion and help regarding the case of my friend. She found out that her husband is cheating on her and the husband choose that girl over her. And he wants to file a divorce on her behalf the big problem is she havent adjust her status yet and shes been here in the u.s for 7 years already. Shes under a K3 visa. Ive heard from her that before her husband will file a divorce he will adjust her status first so she wont get deported/ Is that possible and my friend dont know anything where to seek help and what she gonna do. Your advice is greatly appreciated.



#3 Ampalaya

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Posted 27 July 2009 - 10:58 PM

QUOTE (mybabylove @ Jul 27 2009, 12:39 PM) <{POST_SNAPBACK}>
I want to ask an opinion and help regarding the case of my friend. She found out that her husband is cheating on her and the husband choose that girl over her. And he wants to file a divorce on her behalf the big problem is she havent adjust her status yet and shes been here in the u.s for 7 years already. Shes under a K3 visa. Ive heard from her that before her husband will file a divorce he will adjust her status first so she wont get deported/ Is that possible and my friend dont know anything where to seek help and what she gonna do. Your advice is greatly appreciated.

Sounds like she may be in trouble if she didn't already file for AOS and file for K3 extensions.
Are you sure she is K3?
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#4 mybabylove

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Posted 27 July 2009 - 11:04 PM

Thanks alot for a quick replies.

Ampalaya- yes im pretty sure coz they get married in P.I and shes on K3 status. She dont even know what to do coz she dont understand about the process she just rely on her husband.

#5 Ampalaya

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Posted 27 July 2009 - 11:18 PM

QUOTE (mybabylove @ Jul 27 2009, 01:04 PM) <{POST_SNAPBACK}>
Thanks alot for a quick replies.

Ampalaya- yes im pretty sure coz they get married in P.I and shes on K3 status. She dont even know what to do coz she dont understand about the process she just rely on her husband.

It's obvious she doesn't know much about the process.
It looks like what Ray said that she is TNT and overstayed her visa.
USCIS forgives overstays of people that marry in the US and adjust status.
Hopefully when she files for AOS they will "forgive" her also.
The good thing is she will get a 10 year GC and won't have to remove conditions if everything goes OK.
She is also "skating on thin ice" if they are staying together just for her to get the GC. If it were to be discovered during the AOS process she will stand a good chance of being deported.
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#6 MrkGrismer

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Posted 28 July 2009 - 02:21 PM

From what I understand the overstay won't much matter unless she leaves the U.S. and tries to come back, although she has been deportable ever since her K-3 expired. She should be able to adjust status, but will probably bear some additional burden to prove the marriage is bonafide since she is out-of-status.

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