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Immigration Q&A - August 08, 2010 K3 Visa Holder Married Different HusbandQ1: I came to the US on a K3 visa. My husband cheated on me and divorced me. He never filed a marriage green card for me. I married my current husband who is also a US citizen a year ago. Can I obtain a green card through him? Some people told me that I can but some told me I can not. Please let me know if I can or not. Your current husband will be able to sponsor you but the process will be different. The law states that a K1 visa holder or K3 visa holder must marry their K visa petitioner if they wish to adjust to green card status in the US. Since you’ve married someone other that your petitioner, you will have to leave the US and reenter. Fortunately, we have handled many cases like this and we can time the applications so you spend the least amount of time outside of the US. You should be aware that you may be subject to the 3/10 year bars if you have been in the US without status for more than 180 days. Contact our office to determine the best way to handle your case. Abused K1 Visa HolderQ1: My husband brought me to the US on a K1 visa and file for a marriage green card for me. My husband was very abusive so I left him. I have police record. Photos of bruises to prove all the abuse. I believe tha he canceled my green card application. Can I apply for a VAWA? Do I stand a chance? You may have a good VAWA case though it is hard to determine with the details provided. To be eligible to self sponsor through the VAWA category you must be able to establish that you suffered physical or mental abuse through your US/LPR spouse, lived with the abuser, have resided in the US, have good moral character and entered the marriage in good faith. |
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The Messersmith Law Firm, P.C. |
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