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Results 1 to 7 of 7

Thread: Abandoned K-3 Visa Holder

  1. #1
    Female meets US citizen soldier in Philippines. Soldier files 2 petitions for female, I-130 and I-129F. Both are approved. They marry in Philippines. Female receives K-4 visa and enters USA with her 2 children from previous relationship. Their stay in US is valid through December 12, 2009. Female files I-485 and I-765 petitions. She has interview and then receives Request for Initial Evidence asking for I-864 from petitioner listed on original I-130/I-129F, the soldier who has abandoned her. He cannot be found. What can she do? She is in a nursing program so perhaps she has a shot at an H-1B. Any suggestions will be greatly appreciated. Thank you!

  2. #2
    Female meets US citizen soldier in Philippines. Soldier files 2 petitions for female, I-130 and I-129F. Both are approved. They marry in Philippines. Female receives K-4 visa and enters USA with her 2 children from previous relationship. Their stay in US is valid through December 12, 2009. Female files I-485 and I-765 petitions. She has interview and then receives Request for Initial Evidence asking for I-864 from petitioner listed on original I-130/I-129F, the soldier who has abandoned her. He cannot be found. What can she do? She is in a nursing program so perhaps she has a shot at an H-1B. Any suggestions will be greatly appreciated. Thank you!

  3. #3
    She received a K3, children would have been K4

    K3 is for 2 years, so it was only issued a few months ago.

    Unusual to have had the interiew so quickly. Presumably the Army will know where he is, but if thay have seperated she has no basis to adjust so moot. If her adjustment is refused, well go home. Work visa's well there are many, but Nursing I know is backlogged, and it is not a H1B. Try allnurses.com

  4. #4
    I think the time line must be wrong.

    OP are you saying she entered the US in December last year? Only been here for 3 months or less?

    You said that USC filed petitions then they married. He cannot file a petition unless they were married already for a K3/K4 visa.

    Only way would be a K1 visa but you said they married over there, so it would have been K3/K4.

    Have you got the wrong year maybe? When did she come to the US?

    There are ways to track him down, there a few Military wives on this board, they will know some answers.
    In fact there is a member here who had similar problem, hopefully she will see this post and give some input.
    -----------------------------------------------------------------------------------------------
    God Bless America - God Bless Immigrants - God Bless Poor Misguided Souls Too

    National Domestic Violence Hotline:
    1.800.799.SAFE (7233) 1.800.787.

  5. #5
    [QUOTE]Originally posted by Harvey Eilbaum: Updated timeline of events: Female marries US citizen/soldier 2/24/2006 in Philippines. They live together for 5 months. He leaves and returns to US and is discharged from army. She Enters US on K-3 visa with her 2 children (K-4 visas) from previous relationship on 12/13/2007. I-94 valid through 12/2009. He cannot be found. She files I485 and I-765 petitions. USCIS requests additional evidence - I-864 from sponsoring spouse. What can she do? Thanks!

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">USCIS requests additional evidence - I-864 from sponsoring spouse. What can she do? Thanks! </div></BLOCKQUOTE>

    Sad to say if don't have or can't send I-864
    to USCIS from your spouse your application
    will be denied.

    This is the affidavit of support from your spouse which they will also ask for at least 3 years copy of his income tax.

    In addition with the I-485 you file...
    You will need your husband for the interview to
    prove your marriage is in good faith.

    Now for the H1b ..the filing April 1, 2009
    You will have to meet all the requirements.
    and since you have a pending 1-485 and I-765 you
    might only end up getting denied.

    some link for H1B info


    http://www.messersmithlaw.com/work-visa/h1c-visa.html

    http://www.kateraynor.com/en/work-ba.../H1B-Visa.html

    you have seek a legal advice from a lawyer.

  7. #7
    Hello Harvey

    Sadly becuase of the missing document, her application will be denied and she will get a termination letter. She will have to return to homeland. It has only been 5 months.


    If there was any abuse done to her by the spouse, she can self petition under I-360.
    At this point it is her only option to adjust status.

    Best wishes to her

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