K-3 Divorce and remarriage?
Feb 10th 2005, 10:02 pm
#1
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K-3 Divorce and remarriage?
Can anyone help me?
I asked an attorney this question, if a person came to the US on a K-3 visa and has applied for an I-485, however the marriage ends up in divorce during the waiting period. Can they remarry another US citizen and remain in the United States and reapply for a green card, or must they return to their homeland and apply for a new visa? This was his reply.
"There is no law that says K-3 must keep married to adjust status. K-3 is the spouse who has already married to the U.S. and I-130 was already filed. So, you are able to file I-485 right away, while K-1 has to get married first within 90 days of entry. While K-3 has already been married, and you can have a divorce and marry another USC and file I-130/I-485 again. It says that if I-485 is denied, you have to go back home within 30 days, which you can't say it is a wrong statement, but when you married another citizen that is a different story. But K-3, and actually any visa, if expired, is restricted by 3 year bar, and 10 year bar. So, chances are you have to finish the adjustment in the US, as opposed to do consular processing."
Is this correct or is he incorrect? My understanding is that a person would have to return to their home land and attempt to return on a new visa and submitt a new I-130/I-485.
Thank you for your time. I look forward to you reply.
TPM
I asked an attorney this question, if a person came to the US on a K-3 visa and has applied for an I-485, however the marriage ends up in divorce during the waiting period. Can they remarry another US citizen and remain in the United States and reapply for a green card, or must they return to their homeland and apply for a new visa? This was his reply.
"There is no law that says K-3 must keep married to adjust status. K-3 is the spouse who has already married to the U.S. and I-130 was already filed. So, you are able to file I-485 right away, while K-1 has to get married first within 90 days of entry. While K-3 has already been married, and you can have a divorce and marry another USC and file I-130/I-485 again. It says that if I-485 is denied, you have to go back home within 30 days, which you can't say it is a wrong statement, but when you married another citizen that is a different story. But K-3, and actually any visa, if expired, is restricted by 3 year bar, and 10 year bar. So, chances are you have to finish the adjustment in the US, as opposed to do consular processing."
Is this correct or is he incorrect? My understanding is that a person would have to return to their home land and attempt to return on a new visa and submitt a new I-130/I-485.
Thank you for your time. I look forward to you reply.
TPM
Feb 10th 2005, 11:54 pm
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Re: K-3 Divorce and remarriage?
Originally Posted by TPM
Can anyone help me?
I asked an attorney this question, if a person came to the US on a K-3 visa and has applied for an I-485, however the marriage ends up in divorce during the waiting period. Can they remarry another US citizen and remain in the United States and reapply for a green card, or must they return to their homeland and apply for a new visa? This was his reply...
*snip*
Is this correct or is he incorrect?
I asked an attorney this question, if a person came to the US on a K-3 visa and has applied for an I-485, however the marriage ends up in divorce during the waiting period. Can they remarry another US citizen and remain in the United States and reapply for a green card, or must they return to their homeland and apply for a new visa? This was his reply...
*snip*
Is this correct or is he incorrect?
You asked an immigration attorney a question and got a pretty straightforward answer. I don't know if he's right or wrong, because -- like 99.999% of people on this newsgroup -- I am not an immigration attorney nor an expert in immigration matters. I'm curious as to why you are asking for a second opinion from a bunch of laypeople instead of another lawyer. I recommend consulting another attorney if you are unsure if the first attorney is correct.
~ Jenney
Feb 11th 2005, 12:46 am
#3
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Posts: 38,865
Re: K-3 Divorce and remarriage?
Originally Posted by TPM
I asked an attorney this question...
I've got to agree with Jenney on this - if you don't believe what your lawyer said, why are you asking a bunch of non-lawyers? Go ask another attorney.
Ian
Feb 11th 2005, 12:53 am
#4
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Posts: 46,486
Re: K-3 Divorce and remarriage?
Jenney's response was on the money. You consulted with an immigration attorney, was given advice as to your situation - its ramifications and resolutions and solutions - and you are looking for confirmation of his advice from a group of laypeople who are learning as they go.
Your statement or is it the statement of the attorney: "But K-3, and actually any visa, if expired, is restricted by 3 year bar, and 10 year bar." raises questions as the expiration of a visa does not incur a ban if the person remains in the US. This would only incur if the overstay surpasses the 179th day of overstay. Up to and including the 179th day, one can leave the US without incurring a ban of any sort based on the overstay.
Basically his/her advice appears sound although I realize you are not quoting him/her verbatim. Have you done any reading of the USCIS website to find information on your own? Perhaps the USCIS FAQ could be helpful.
Your statement or is it the statement of the attorney: "But K-3, and actually any visa, if expired, is restricted by 3 year bar, and 10 year bar." raises questions as the expiration of a visa does not incur a ban if the person remains in the US. This would only incur if the overstay surpasses the 179th day of overstay. Up to and including the 179th day, one can leave the US without incurring a ban of any sort based on the overstay.
Basically his/her advice appears sound although I realize you are not quoting him/her verbatim. Have you done any reading of the USCIS website to find information on your own? Perhaps the USCIS FAQ could be helpful.
Originally Posted by TPM
Can anyone help me?
I asked an attorney this question, if a person came to the US on a K-3 visa and has applied for an I-485, however the marriage ends up in divorce during the waiting period. Can they remarry another US citizen and remain in the United States and reapply for a green card, or must they return to their homeland and apply for a new visa? This was his reply.
"There is no law that says K-3 must keep married to adjust status. K-3 is the spouse who has already married to the U.S. and I-130 was already filed. So, you are able to file I-485 right away, while K-1 has to get married first within 90 days of entry. While K-3 has already been married, and you can have a divorce and marry another USC and file I-130/I-485 again. It says that if I-485 is denied, you have to go back home within 30 days, which you can't say it is a wrong statement, but when you married another citizen that is a different story. But K-3, and actually any visa, if expired, is restricted by 3 year bar, and 10 year bar. So, chances are you have to finish the adjustment in the US, as opposed to do consular processing."
Is this correct or is he incorrect? My understanding is that a person would have to return to their home land and attempt to return on a new visa and submitt a new I-130/I-485.
Thank you for your time. I look forward to you reply.
TPM
I asked an attorney this question, if a person came to the US on a K-3 visa and has applied for an I-485, however the marriage ends up in divorce during the waiting period. Can they remarry another US citizen and remain in the United States and reapply for a green card, or must they return to their homeland and apply for a new visa? This was his reply.
"There is no law that says K-3 must keep married to adjust status. K-3 is the spouse who has already married to the U.S. and I-130 was already filed. So, you are able to file I-485 right away, while K-1 has to get married first within 90 days of entry. While K-3 has already been married, and you can have a divorce and marry another USC and file I-130/I-485 again. It says that if I-485 is denied, you have to go back home within 30 days, which you can't say it is a wrong statement, but when you married another citizen that is a different story. But K-3, and actually any visa, if expired, is restricted by 3 year bar, and 10 year bar. So, chances are you have to finish the adjustment in the US, as opposed to do consular processing."
Is this correct or is he incorrect? My understanding is that a person would have to return to their home land and attempt to return on a new visa and submitt a new I-130/I-485.
Thank you for your time. I look forward to you reply.
TPM
Feb 11th 2005, 1:45 am
#5
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Joined: Sep 2002
Posts: 16,266
Re: K-3 Divorce and remarriage?
Originally Posted by TPM
Can anyone help me?
I asked an attorney this question, if a person came to the US on a K-3 visa and has applied for an I-485, however the marriage ends up in divorce during the waiting period. Can they remarry another US citizen and remain in the United States and reapply for a green card, or must they return to their homeland and apply for a new visa? This was his reply.
"There is no law that says K-3 must keep married to adjust status. K-3 is the spouse who has already married to the U.S. and I-130 was already filed. So, you are able to file I-485 right away, while K-1 has to get married first within 90 days of entry. While K-3 has already been married, and you can have a divorce and marry another USC and file I-130/I-485 again. It says that if I-485 is denied, you have to go back home within 30 days, which you can't say it is a wrong statement, but when you married another citizen that is a different story. But K-3, and actually any visa, if expired, is restricted by 3 year bar, and 10 year bar. So, chances are you have to finish the adjustment in the US, as opposed to do consular processing."
Is this correct or is he incorrect? My understanding is that a person would have to return to their home land and attempt to return on a new visa and submitt a new I-130/I-485.
Thank you for your time. I look forward to you reply.
TPM
I asked an attorney this question, if a person came to the US on a K-3 visa and has applied for an I-485, however the marriage ends up in divorce during the waiting period. Can they remarry another US citizen and remain in the United States and reapply for a green card, or must they return to their homeland and apply for a new visa? This was his reply.
"There is no law that says K-3 must keep married to adjust status. K-3 is the spouse who has already married to the U.S. and I-130 was already filed. So, you are able to file I-485 right away, while K-1 has to get married first within 90 days of entry. While K-3 has already been married, and you can have a divorce and marry another USC and file I-130/I-485 again. It says that if I-485 is denied, you have to go back home within 30 days, which you can't say it is a wrong statement, but when you married another citizen that is a different story. But K-3, and actually any visa, if expired, is restricted by 3 year bar, and 10 year bar. So, chances are you have to finish the adjustment in the US, as opposed to do consular processing."
Is this correct or is he incorrect? My understanding is that a person would have to return to their home land and attempt to return on a new visa and submitt a new I-130/I-485.
Thank you for your time. I look forward to you reply.
TPM
When reading section 245(d) of the Immigration & Nationality Act, I'm not so sure this advice is correct. Without knowing ALL of your facts, I wouldn't venture a definitive opinion. And that would be only in the arena of a formal in-person consultation.
