K-3 Spouse Refuses to Follow Through With Filing

I am married to a U.S. citizen. My husband had filed for a K-3 visa, I am finally here after a long delay. I have been here for 3 months. My problem is that he will not file my papers. I have no access to anybody as I cannot drive and I have no help and money. Please help as I am getting insecure with every single day and I don’t know what to do.
— Anonymous

Unfortunately, it appears you have been put in a very difficult position. Because you entered the United States with a K-3 nonimmigrant visa as the spouse of a United States citizen, you are only eligible to adjust your status to lawful permanent resident status based upon your marriage to that United States citizen petitioner. If the United States citizen spouse will not follow through with his part of the adjustment of status process, then you will not be successful in obtaining a green card. If you divorce from your United States citizen spouse and marry another United States citizen, you will be ineligible to adjust your status to permanent resident based on that marriage because the law prohibits such an adjustment of status when the subsequent petitioner is not the K-3 petitioner.

It may be in your best interest to return to your home country before your authorized period of stay expires to prevent the accruing of unlawful presence. Unlawful presence begins to accrue the day after your authorized period of stay expires on your I-94 card. If you accrue 180 days of unlawful presence, and then leave the United States, you will be barred from re-entering the United States on another visa for 3 years. If you accrue 1 year, you will be barred for 10 years.

It appears that your authorized period of stay may have already expired or will soon expire because K-3 visa entrants are generally authorized to stay for 3 months. On another note, if you have been abused by your spouse and you are otherwise qualified, you may be eligible to self-petition under the Violence Against Women’s Act (VAWA). It would be wise for you to consult with an experienced immigration attorney to evaluate your case and explain to you all of your options.

Michael Shane and Evan Shane, Immigration Attorneys

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K F ★★★★★ a week ago
We came into the Shane& Shane family via Mr Brauwerman a former Immigration Judge prior to his retirement. We knew we … More were in great hands with this merger.
Veronica and Evan were our counsels for the Citizenship process for my spouse and I. Going in, I knew mine would have required additional work. As such, it was not a surprise when I received a decision cannot be made at the interview, while my spouse secured the citizenship at first interview.
Veronica was amazing on the first interview, she prepped me well and took copious notes. With this team, when they tell you to trust the process, believe them and just leave it in their capable hands to follow the protocol. Evan followed up and successfully secured a second interview after a long silence.
Evan prepped me equally and rigorously well for the second interview. He was even more intimidating than the real interview. As a result I am now a Citizen.
This team, Myrna, Veronica and Evan is truly a team. They are responsive, professional, authentic and transparent. They are a true immigration firm and we could not have asked for better representation. Reach out to them for a consultation, I guarantee you will retain them for representation.
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Ademir Pavao
Myself and my son, Ademir Pavao Filho, are so happy here in USA, My son now is in Fort Bragg, Army in North … More Caroline, everything was perfect with us, an I become a permanent resident applying to become a citizenship next year, my special thank to Evan Shane and Maria, that solved all problems we had. I highly recommend this important and necessary services provided by Shane, Shane, and Brauwerman. Evan and Maria worked on our cases and we were impressed by how knowledgeable, organized, and reliable they were.
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This is by far the best law office!
For years I have dealt with countless law offices and have retained two different attorneys … More before coming to Shane & Shane. my case was very complex, battling mistaken identity while applying for I-601A waiver, and green card application. Evan and Veronica are ultimately the best attorneys I have ever dealt with. They analyzed and came up with a detailed plan pertaining to my case. They lead with full transparency the whole step of the way. I was impressed with the compassion and attention I was given. Thank you again to the whole staff for responding quickly and professionally every time I needed updates. I highly recommend retaining this Law Firm!