Fragger

Hello Everyone,

I hope everyone is doing well. I am in middle of an unusual K-3 situation, well, my Mom is... but I feel I may be able to help her out. Can anyone here please read this situation and maybe offer some guidance around what might be possible here? Preferably, some of our lawyer friends here?

So here goes:

My Mom is currently living in the US based on a K-3 Visa that my Dad had applied for. She arrived here in February 2010 and has a 2 years expiration on her visa. In the meanwhile, no one has filed for her Adjustment of Status, however, she does have an approved I-130, so it's a matter of filing the paperwork and paying the fees.

The situation gets tricky, however, as my Dad might have other plans with his life. He might marry someone else in a different country, and potentially divorce my Mom, leaving her ineligible to adjust her status, I presume?

The good news is, however, that she is currently in the US and I am a US Citizen. So the expert advice that I need from you folks is, is there anything I can file, or do, to keep my Mom in the country, if my Dad drops the ball, so to speak?

Having this leverage over my Mom is basically the only thing I need of my Dad now, so if that is not required, that is, I can do something for my Mom, instead of him, I will have no issues with kicking him to the curb and not caring about what he does.

So any help would be deeply appreciated on this topic. Thank you for reading, I look forward to your responses... thanks for your help guys!

Fragger.

Noorah101

You can file an I-130 for her now. I am not sure about her adjustment of status through you...that would be a good question for an immigration lawyer. But at least you have the right to file an I-130 so that it can progress and she can have an Immigrant Visa interview back home, then return to the USA using her Immigrant Visa, in order to live permanently in the USA.

Rene

meauxna

Wait.. why would that be necessary. She is living legally in the US with the assumption that she will adjust.

I'm going to read previous posts for clues. Fragger.. you are 21+ years old?

Noorah101

I wasn't sure she could adjust status via someone else after entering on a K-3....kind of like how a K-1 can only adjust based on marriage to the person who petitioned them. Hopefully she can adjust based on her son's USC status.

Fragger has had a multitude of immigration issues in the past...I've already looked.

Rene

meauxna

It sounds more like you need some social help here, Fragger. I see that you go back to the olden days of the forum.

Your mother can apply for her AOS whenever she can write a check for the amount, but she will need an I-864 from her husband. He has an issue with providing that?

There are a lot of things you can figure out on your own; scanning your old posts you seem articulate and able to understand the issues. You also know some of the history in this group and will understand what I'm about to say: You ask in your subject line for legal help.. well, go get some.
This case appears to have "complications".. it most certainly has 8 years of history in it. I think it would be unwise for us to 'advise' you on what to do for your mother.. especially as the situation smacks more of domestic violence at this point.

Your mother (with your help if you want to get in between them) should take steps to secure her own residency in the US and not be dependent on her husband. She may have that opportunity through you, so maybe the two of you can discuss with a lawyer, filing your own set of paperwork to get her PR status.

jeffreyhy

To adjust now she needs her husband (her petitioner) to submit an I-864 for her. If her son is over 21 years of age, as you seek to clarify, then having him petition for her get her an alternate sponsor. And the petition and application to adjust could be submitted simultaneously and immediately, before she loses her K3 non-immigrant status?

(Might piss the husband off if he doesn't harbor the desires that he's suspected of.)

Regards, JEff

meauxna

She can only adjust via the K-3 through her husband. But as she is living in the US legally, she may be eligible to be petitioned anew by her son as an IR and file a concurrent AOS.

A multitude, yes. That's why they should consult with a lawyer IMO.

Noorah101

A little off the OP's topic, but his mom had a pending I-130 from USC dad way back in 2003. Yet she just entered on the K-3 in Feb 2010? It took 7 years to get her K-3 visa? That's got to be some kind of record.

Rene

Fragger

Hey Guys,

I should have known better than to underestimate the bright minds that roam here . One characteristic is of back research, that you guys indeed conducted by reading my old posts .

It is true, British Expats and its forum and I go a long back, and God knows I have seen a flavor of immigration issues with my family. From my denial into the country, as an "Arriving Alien" for overstaying on my non-immigrant visa, to the 10 years in the making it took to get my Mom into this country, due to some complications of polygamy and divorce, that was caused by my Dad.

However, the past is the past, so let's get somethings updated and current:

1. I am a US Citizen now. Came back into the US fighting, by fighting my own case, based on a technicality of not being banned from the country, because I overstayed as a MINOR. I then acquired PR Status through my Dad as a USC, and then Naturalized.

2. I am older than 21 years now .

3. My Mom's approved I-130 long time ago was rejected, because the US Consulate did not recognize my Dad's marriage to my Mom, because when he was married to my Mom, he was also married to his first wife and sponsored her and her children to come to the US. Around less than 2 years ago, my Dad re-married my Mom, and filed an I-130 and eventually a K-3 for her again, out which both of the petitions were approved and now she resides here on a legal K-3.

So I think the consensus in the group is of seeking Professional help. I am fine with it, but can someone please recommend a good lawyer who would give me an accurate advice? My experience with immigration has brought me to a conclusion that the legal immigration field is heavily saturated, with unfortunately, A LOT of bad lawyers, that end up hurting the client and get them sent back. I personally came across situation back in 2002 or so, when I had an issue with my residence and basically ended up doing my own research to come back.

If not, I thought maybe there was a way that since my Mom has a legal presence in the US, and a qualifying sponsoring family member, that she could adjust under my sponsorship, instead of relying on my Dad and his uncertain nature.

P.S. I don't know if it matters, but the Affidavit of Support was always filed for my Mom by me, even when my Dad sponsored her.

Thanks again for your help guys and it's good to see that I have some old friends here, if not, then at least I belong to this community for a very long time now . Sorry I am not knowledgeable as you guys to contribute regularly... ... Thanks guys!

Noorah101

This is what we are thinking is a possibility, but you should verify it with an attorney. Try looking at www.ailalawyer.com to get started on making some inquiries.

Since your mom entered the USA on a K-3 visa, the affidavit of support was probably an I-134, which yes, you could have been the sponsor on. But for her AOS, the affidavit of support is form I-864, which MUST be filed by the sponsor (your dad). If your dad does not qualify financially, then you can be a joint sponsor. But for her AOS via marriage to dad, you cannot be the sponsor on the I-864.

If you manage to file a new AOS package for her, based on your relationship to her, THEN you would be the sponsor and would fill out an I-864 as the sponsor.

Rene

jeffreyhy

I agree with Rene. Have a consultation with an immigration attorney to confirm that you and your mother can concurrently file I-130 and I-485 so that you can be her sponsor.

Regards, JEff

meauxna

hey, enough with the 'old' if you don't mind!
Of course you are welcome; and your situation is unusual enough.. who know, you may be helping someone else in the future. That's why we all post to a group, so we can share our experiences.

About 'sponsorship'.. for this case, the petitioner MUST be the Sponsor. That means your mother's husband. That is why you need to find out if you can petition her with a new I-130. The case with your dad would be non-existent then.

discoviking

In addition to the AILA site already recommended, you can find some good attorneys here:
http://immigrate2us.net/forum/showth...y-I2US-Members