K-3 question- automatic CR????

[koskuba]

What is the name of your state?What is the name of your state? CONNECTICUT

Wife is here on a k-3, she has not had any interview for adjust of status, presumably it's coming soon. Married since June 2002, but she left for 6 months or so. I want to divorce- I feel it was a sham marriage- but have not much proof. She blatantly states she wants cash to move on...

Does the K-3 provide automatic CR? In other words, will a Green Card appear in the mail one day?

If there is an interview...What if I don't show up? Would it automatically be denied? How long does the process take should the petition be denied?

Thanks for any information.

Robert

 

[ImmigAttyLana]

No, the K-3 does not provide an automatic CR and a green card does not appear in the mail any day. You have to go through the interview process to assess the validity of the marriage prior to being granted permanent residence. Obviously in your case that will not happen so regardless of whether you attend the interview or not, it does not look like you'll get the permanent residence status granted. If you show up but explain that the marriage was a sham or you are by that time divorced, it will be denied on the spot. If you do not show up, the case will be closed/denied due to failure to appear. In any event, the denial of the petition will put you out of status and you will need to depart the US since this visa classification will not permit you to change status or adjust status on the basis of anything other than the marriage to the petitioning spouse.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[koskuba]

Thanks...

Lana,
Thanks so much. My wifes K-3 expires at the end of this month. Does that have any consequences attached? Will it impact the petition should the denail be granted. Not incredibly important but Im curious... Thanks again- your kind for helping folks. Sortof a "folk-hero"... take care

 

[ImmigAttyLana]

Well, since the K-3 is only intended for spouses who are filing for AOS once in the US, if the AOS is denied for some reason, the K-3 is no longer valid and of no use to your wife since she cannot adjust status or change status to anything else except on the basis of the marriage to you so she would be out of status and accruing unlawful presence if the AOS is denied.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[koskuba]

All: automatic permanent status!!!!! I wanted divorce...

As my past posts indicate, my wife has NEVER gone to an interview...one was scheduled and I wouldn't go-- yesterday she received approval for permanent residency... So, no preliminary for conditional interview, no two-year interview- an approval. Is this a CIS screw-up? Or because we were married June 2002? I'm blown-away.

Guess some of you may like this...