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Changing from K3 visa to green card

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  • Changing from K3 visa to green card

    I have a friend who married a US cistizen and moved to the US on a K3 visa. Now the marriage is not going well and the husband (the US citizen) is not applying for her green card/permanent citizen. My friend (the wife) doesn't want to leave the US and is considering changing here visa status to some other status that would allow her live in the US. Her I-94 allows her to stay in the US till Jan 2008.

    Questions are:

    1. Can she get her K3 status change to any other visa type? if yes, which one and how?

    2. If a different visa is not possible, can she apply for her own green card? can someone else other than her husband or herself apply for her green card on her behalf? If yes, on what basis (in case the marriage really work out and they get a divorce)

    3. If they do separate, the K3 visa will not be valid any more. Will her stay be legal till the date on the I-94 or would she have to leave immediately the day the marriage ends (or within some grace period?)

    Additionally, the husband has imposed strict restrictions on her: she is not allowed to work (even though her visa status has no restriction), she can not even leave home by herself, she is not allowed to use the phone, she can not even access the internet (yes, all that is happening in the US!! in CA).

    The other question is, do these restrictions fall under some kind of slavery rules?

  • #2
    Family Visas, K-3

    Frequently Asked Questions

    Can I change status from K-3 to another nonimmigrant visa status in the U.S.?
    A: No, you may not apply for change of status from K-3 status to another nonimmigrant status, in the U.S.

    Can my K-3 status be terminated?
    A: Your K-3 status shall be automatically terminated 30 days following the denial or revocation of:

    -- The Form I-130, Petition for Alien Relative, filed on your behalf

    -- The immigrant visa application filed by you

    -- Your application for adjustment of status to that of lawful permanent resident

    Adjustment of Status from K3/K4

    Frequently Asked Questions:

    1. How soon after we arrive in the U.S. should we apply for Adjustment of Status?
    A: For most people, this will be "as soon as possible". The USCIS (INS) has made an assumption that nearly all K3/K4 folks will want to apply for AOS, even though a few will still choose to apply for an immigrant visa at a Consulate outside the United States.

    2. Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?
    A: The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family. The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.

    3. When we file for adjustment of status, what do we need to do about the child's K4 status? Are we required to file the adjustment for the K4 and pay the fees for each application?
    A: Yes, you are. The AOS packages may be submitted together, but they each must contain their own sets of documentation, including a notarized I-864. If the K4 has never had an I-130 filed on their behalf, this must be done now, submitted along with the AOS package.

    4. How do I file for Adjustment of Status from a K3 and what forms do I need?
    A: In short though you will require the following forms:

    1. Payment(s) as required by USCIS. Be sure to include the payment for both the I-485 and the the fingerprinting fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead.

    2. Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

    3. Form I-485: Petition for Alien Relative.

    4. Copy of the non US Citizen Spouses Passport. (Biographical page as well as entry stamps.)

    4a. Copy of the non US Citizen Spouses K-1 or K-3 Visa from Passport.

    5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F
    K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

    6. Copy of the non US Citizen Spouses valid I-94. (Front and back copies.)

    7. A copy of the intending immigrant's birth certificate along with English translation. (If in any language other than English.)

    8. A certified copy of your marriage certificate. (If filing for your spouse.)

    9. A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before.)

    10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died.)

    11. Two passport-type photos of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

    12. G-325A (all four pages) filled out, signed and dated.

    13. I-693, Medical Examination of Aliens Seeking Adjustment of Status. (If you already have this from your overseas Visa Interview submit a copy that medical check form; No fee is required in this case. If you are a K-1 fiance(e) or K-2 dependent who had a medical examination within the past year as required for the nonimmigrant fiance(e) visa, you only need to submit a vaccination supplement (I-693A), not the entire medical report. You may include the vaccination supplement with your adjustment of status application.)

    14. I-864, Affidavit of Support.
    >> Include any additional required supporting documentation.

    15. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional).
    >> Include any additional required supporting documentation or photos as well as payment.

    16. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional).
    >> Include any additional required supporting documentation or photos as well as payment.

    * Fingerprint fee not needed for applicants under 14.

    The "best" way to get these forms is typically on-line via the USCIS (INS) site on the Internet.

    Applicants are required to mail applications to a national mailbox (Chicago) as stated on the form (not your local USCIS office). The only case in which you may file at a local office is for the following locations: Dallas District Office, El Paso District Office, and the Oklahoma City Sub Office.

    If you have not applied for work authorization until this point, you can also submit the I-765 Application for Employment Authorization. You will apply as category (c)(9), "adjustment applicant". Please note: fingerprints, photos, and signature cards are no longer required to be submitted with the I-765 application.

    5. Will I need to apply for Advance Parole in order to leave and then reenter the United States?
    A: Not as a K3/K4. You will need Advance Parole to reenter the United States at any time after your status as K3/K4 has ended, but before obtaining Permanent Residency.

    6. Does the K3 status change after applying for Adjustment of Status?
    A: The K3/K4 status does not change *because* an AOS application has been filed. The K3/K4 status expires on its own, generally after two years. However, after the K3/K4 status has expired, but prior to gaining approval for permanent residency, the status will be a "period of stay authorized by the Attorney General", based on being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application.

    7. What if my EAD expires before my application for Adjustment of Status is approved?
    A: Apply for a new EAD. Make sure you apply well in advance, since processing may take several months.
    If you have never applied for Adjustment of Status, then you will be required to show that your initial I-130 petition is still awaiting approval, or, if the I-130 was approved, that you have applied for an immigrant visa at a U.S. Consulate.

    8. My status as K3 is about to expire, and I am still waiting approval of AOS. Is there anything I can do to keep my status?
    A: Yes, you can apply for an extension of status with the USCIS (INS). This will enable you to leave the United States and return without needing Advance Parole. It is probably a good idea to extend the K3/K4 status if you plan on being outside the country.

    As with renewal of EADs, your application for extension of status as K3/K4 will not be approved if you have never applied for Adjustment of Status, unless you show that your initial I-130 petition is still awaiting approval, or, if the I-130 was approved, that you have applied for an immigrant visa at a U.S. Consulate.

    9. What is the status of a K3 after approval of Adjustment of Status?
    A: If Adjustment of Status is approved after the marriage is two years old, then the K3 (and K4) will become Permanent Residents. If the marriage is less than two years old when AOS approval is obtained, the K3/K4 will be Conditional Permanent Residents. For more information on Conditional Permanent Residence, and the subsequent application for Lifting of Conditions on Conditional Status, see Section 7.0.

    Changes In Immigration Law and Procedures

    The LIFE Act allows spouses of U.S. citizens waiting for an immigrant visa to enter the U.S. with a "K" visa.

    The LIFE Act enlarges the eligibility for the so called "Fiance" visa (K) by allowing the spouse of a U.S. citizen to come to the U.S. and be authorized to work while waiting for the petition to be processed. This new visa is a K3 visa. Minor children who will accompany the spouse can also apply for K3 visas. (Caution: minor children of a U.S. citizen's spouse usually need their own petition and cannot "accompany" a parent).

    Here are the rules:

    The Petitioner must be a U.S. citizen. The U.S. citizen must already be married to the K3 visa applicant. (Do not confuse this with the existing K visa for Fiances To be eligible for the original "K" visa the couple cannot be married.) An immigrant visa petition must be submitted before the application for a "K3" visa can be made.

    The applicant for the new K3 visa must be outside the U.S. A spouse already in the U.S. in unauthorized status cannot apply for a K3 visa. The K3 visa petition is filed in the U.S. It is NOT filed at a consulate.

    Where the marriage to the U.S. citizen occurred outside of U.S., the K3 visa applicant must apply for the K-3 visa at a U.S. consulate in the country where the marriage took place.

    K3 status is available those with currently pending petitions as well as those who apply in the future. A K3 visa allows a person to work in the U.S.


    • #3
      im k-3 visa.after i apply i-485,it should be green card 10years

      im CAME HERE AS k-3 visa..we already apply I-485..THEN I HAVE AN INTERVIEW this coming march.. if i pass it should be green card for ten years


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