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K3 visa holder needing some help.

K3 visa holder needing some help.

Old Mar 17th 2008, 8:13 pm
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Default K3 visa holder needing some help.

Good day all,

my name is Steve. I'll try and give you as much information as I can.

So I got married to an American a little over three years ago in the UK. And I end up getting a K3 visa. That was a bad move! Anyway, I've been living in the states for two years now. My wife and I are now getting a divorce and because I have a K3 visa I can NOT change it to anything else, I can NOT extend it. The visa runs out on May 10th this year! And I really need to stay for an extra two months and leave on July 8th.

Can anyone tell me how I can stay here legally!! I do at some point want to return (maybe?). I have thought of two things. Go to the Canadian border cross that, have a weekend away in Canada, and come back to the US filling out the VWP (Visa waver program). Now with this I know I cant work. So, just how feasible is this going to be? Do I still run the risk of being turned down? Or put another way, how likely is it that I will be turned away. I will have the tickets that say I will be leaving on July 8th. One thing to keep in mind is that I do have a DUI in the U.S.

Another way is to apply visitors visa (1-B visa), I haven't looked in to this at all. So any light on this would be great.

Any and all help would be great!

All the best,

Steve-0
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Old Mar 17th 2008, 8:30 pm
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Default Re: K3 visa holder needing some help.

Originally Posted by satrop View Post
Good day all,

my name is Steve. I'll try and give you as much information as I can.

So I got married to an American a little over three years ago in the UK. And I end up getting a K3 visa. That was a bad move! Anyway, I've been living in the states for two years now. My wife and I are now getting a divorce and because I have a K3 visa I can NOT change it to anything else, I can NOT extend it. The visa runs out on May 10th this year! And I really need to stay for an extra two months and leave on July 8th.

Can anyone tell me how I can stay here legally!! I do at some point want to return (maybe?). I have thought of two things. Go to the Canadian border cross that, have a weekend away in Canada, and come back to the US filling out the VWP (Visa waver program). Now with this I know I cant work. So, just how feasible is this going to be? Do I still run the risk of being turned down? Or put another way, how likely is it that I will be turned away. I will have the tickets that say I will be leaving on July 8th. One thing to keep in mind is that I do have a DUI in the U.S.

Another way is to apply visitors visa (1-B visa), I haven't looked in to this at all. So any light on this would be great.

Any and all help would be great!

All the best,

Steve-0
You never got around to filing Adjustment of Status to get your green card??!! If you had filed that, you would have a higher chance of staying. I don't think there is a waiver for filing the I-485 (but I could be wrong).

You can't legally work in the US on the VWP or a B-1 visa. If you want to legally work/remain in the US, you need to figure out how you can apply for your green card thru your marriage to a USC. Sorry I couldn't be of more help.

Edit: You may want to post this question in the Marriage-Based Visa forum. You may have better luck in getting answers.
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Old Mar 17th 2008, 8:39 pm
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Default Re: K3 visa holder needing some help.

Originally Posted by sunflwrgrl13 View Post
You never got around to filing Adjustment of Status to get your green card??!! If you had filed that, you would have a higher chance of staying. I don't think there is a waiver for filing the I-485 (but I could be wrong).

You can't legally work in the US on the VWP or a B-1 visa. If you want to legally work/remain in the US, you need to figure out how you can apply for your green card thru your marriage to a USC. Sorry I couldn't be of more help.

Edit: You may want to post this question in the Marriage-Based Visa forum. You may have better luck in getting answers.
Thanks for that my friend. Funny you should mention filling for the green card. My wife was going to do that but, how shall I put this?, she was messing around with her ex and forgot to do it whilst I was still in the UK paying for her rent over here.
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Old Mar 17th 2008, 9:05 pm
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Default Re: K3 visa holder needing some help.

For everyone's information, Steve has posted this question in the Marriage-Based Visa forum, which is the correct location.

I'm not a Mod here, so can't close down this thread.

Rene
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Old Mar 17th 2008, 9:09 pm
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Default Re: K3 visa holder needing some help.

Originally Posted by satrop View Post
Thanks for that my friend. Funny you should mention filling for the green card. My wife was going to do that but, how shall I put this?, she was messing around with her ex and forgot to do it whilst I was still in the UK paying for her rent over here.
Sucks for you, Steve, but actually the adjustment of status was yours to file once you arrived in the US.

What part of California are you in? Have you tried any of the legal aid clinics for immigrants? Or is it all a moot point/done deal now? Why do you have to stay until July?
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