K-3 getting "kicked out" by husband, need some advice for her

[roykirk]

Hi Everyone,

My wife has made friends with a woman in town who recently entered the United States on K-3. She has a small son. Apparently they had a falling out a few days ago and he's kicking her and the boy out. He's bought them a one way ticket back home and says he wants a divorce. He's refusing to give her money or anything and she doesn't even have a credit card. She's worried if she leaves the country on the ticket he bought her that it will be pretty much impossible for her to get any financial compensation out of him in the future. She's at a loss of what she's supposed to do and since I'm no lawyer I told my wife I'd post this in a few forums to see if we could get some good advice for her friend.

My first thought would be that she needs to visit with an immigration lawyer, but that might be difficult since she has no money. Does anyone here have other advice we could pass on to her?

[remiel6]

She should talk to an Immigration lawyer. most Attorney's will consult with you for free. Second he has no choice but to support her. This is what the letters of support are for. He I believe is legally obligated to support her. I think depending on how long they have been married she may have no choice but to leave the US. I am not sure on this. There are some Lawyers on the forums. I am only a law student and have not had a class on Immigration. She should consult an attorney on this. In fact, she might  be able to make him pay for it. This should in no way be constued as legal advice.

[SMS60]

How long has she been here??

Filed AOS I-485 Yet?? for GC. A GC would allow her to leave and come back in certain period of time depending if it is the Temp GC or Permanent GC.

Here is my opinion on these situations. Forget about the loser husband and start working on her new life. She will spend all her time and resources trying to get compensation from husband. She would be better off spending the time and resources on her and her son.

The first process would be too see if she can stay here legally. You can file for AOS without your husband.

[shakespear]

Does anyone here have other advice we could pass on to her? 

She should get a phone book and look up the number of the nearest Domestic Violence shelter, or in the alternative call the police. 

The cheap bastard thinks he can get out of this by simply kicking her out and buying her a one-way plane ticket is sadly mistaken.  He has a contractual obligation to her that is contained in the Affidavit of Support.  The Women's Shelter will take care of her immediate food and housing needs and then put her in touch with some top-quality feminist lawyers who will make this poor son-of-a-bitch rue the day he first considered looking for a wife in Russia.  They'll propably start by kicking HIS ass out of HIS house so they'll have a place to live until after the divorce is final.  They'll also help her with an immigration lawyer who will clean up any adjustment of status questions that might arise.  Finally they'll set her up in an apartment and help her get started on a new life without this worthless SOB.     

Tell her whatever she does, DON'T GET ON THE AIRPLANE, 

[roykirk]

My understanding is that they married in Russia about 3 years ago.  She just moved here about 2 months ago with her son.  They had not begun any AOS paperwork.  I think she's less concerned about long term compensation than she is about what to do in the short term.  She hasn't worked in years because he completely supported her during the past 3 years they've been married.  Now he's kicking them out with no money, no credit cards, nothing.  She has $50 to her name and a one way ticket home for her and her son.  I feel so bad for her.  

[groovlstk]

Roykirk, if they married in Russia and filed a K3 she should already have her GC after two months. I believe K3 visa holders automatically receive their GCs shortly after arrival as part of their approval and don't file for AOS.

I'm sure the guys who've been screwed over royally will scream at the advice of having her contact a women's shelter, but if her husband thinks he can get off lightly by getting her out of the country then he deserves to be raked over the coals.   

[Vaughn]

Here is one forum where immigration questions can be posed to lawyers:

http://www.baraban.org/go/forumdisplay.php?forumid=12

Allan Samson's partner, Svetlana Boukhny, is a licensed attorney and fluent.
They're based in California, but might be a good starting place to get some answers.

If they are truly booted out, and visit their local Dept of Social Services for
living assistance...  well, that could easily fall under the husband's support obligations.

[shakespear]

My understanding is that they married in Russia about 3 years ago. She just moved here about 2 months ago with her son. They had not begun any AOS paperwork.

If it is a K-3 doesn't she already have a 2-year green card in her possession?  Didn't they give it to her when she entered the USA?  I'm pretty sure the only form that needs to be filed is the AOS 2-years after she arrives and that can be waived if she can show domestic violence on the part of her husband.

Be a good friend and get her to a woman's shelter right away.  They'll take over from there.  

[shakespear]

I'm sure the guys who've been screwed over royally will scream at the advice of having her contact a women's shelter, but if her husband thinks he can get off lightly by getting her out of the country then he deserves to be raked over the coals.   

I'm one of those guys who was "screwed over royally" in my first marriage to a RW.  That's why I'm giving this advice now.  Get her to a Women's Shelter IMMEDIATELY.  Trust me, they'll know what to do next.

[roykirk]

Thanks everyone.  Vaughn, I do know she doesn't have her GC yet.  I will pass on everyone's advice to her.  We're trying to help her get in touch with an attorney right this instant.  It sounds to me like she's planning on NOT leaving on the airplane.  But again, that puts her in a precarious position I suppose.  I'm torn on that.  At least back in Russia she has family and friend support.  Here she gets to look forward to lawyers, shelters, and battling for money he may fight tooth and nail not to give her.  

While I'm obviously only getting one side of it, the guy sounds like a dirtball to me.  Apparently he's told her he's found someone else and he wants her out.  She's devastated and so confused right now.

[remiel6]

The K3 is an immigration visa as opposed to a K1 which is not. It may not come with the green card, but I do believe it comes with a permanent residency status. Again she should contact an attorney. Her first choice is "does she want to stay in the US or not?" if She does not then she should use the plane ticket and go back home. If she wants to stay then she has options. The husband filed a legal document to support her. He does not have a choice but to support her. If she seeks public assistance then Uncle sam will come to him for the money. If my understanding of this is correct. Again, I am not a lawyer and nothing I write should be constued as legal advice.

[remiel6]

Also I might add, there is something missing in this story. A man does not usually wake up one day after 3 years of marriage and support and pack his wifes bags and say "Sorry honey, there's someone else." Maybe I am just being naieve, which is entirely possible, but it seems there is more to this tale than is told. Either way the woman should do nothing without getting advice from an attorney.

[roykirk]

Yeah, there's always more to the story.  My understanding is that she suspected something was going on for a while and she confronted him about it a few days ago.  He admitted to it and subsequently said he wanted her out. 

[SMS60]

K1 or K3 must apply for AOS unless I'm mistaken. The fee is $1010.00 and small amount for son???? Anyway its money??

What I was trying to say is whats more important??..... $1000.00 for AOS or 1000.00 for trying to work with an immigration lawyer?????  Save your fricken money for AOS instead of a lawyer for now. Make sure she is in the process of getting her green card first....... Or a lawyer is useless if she is illegal.

[SMS60]

Roykirk

Something to think about.

She could actually take his money and go back home for a short period of time. To say "regroup" if she is in the process of the AOS.

When you file for AOS you can request an "Advance Parole" document. It would be sent to her while she is waiting for her GC. It would give her the OK to leave the country and re-enter within a specified amount of time.

I would not chance it....... but it is an option. GC's are being processed in about 3-4 months. She would recieve the AP about 1.5 months after applying for the GC. If things are on the level???

I do not know what happens if the husband calls USCIS to withdraw from the process. I dont know what they say about divorce????? Especially when she has not filed for AOS yet??

Sounds like the husband bailed out as soon as she arrived?? All new questions??

[groovlstk]

IIRC, the K3 is a multiple-entry visa, unlike the K1.

[Admin]

The Immigration flowcharts may help a bit - ref: http://www.russianwomendiscussion.com/docs/Visa%20Flows_files/Visa%20Flows_frames.htm

AOS is required following entry.

I was also searching for the *draft* IMBRA pamphlet, but did not quickly find it. You might want to search more deeply on Google to find it, as there are resources printed in that pamphlet for exactly this purpose. The other resource is to contact Tahirih Justice Center (http://www.tahirih.org/). Some (many?) consider them the center of the misandrist universe, but I have met with them personally and found them to be mostly reasonable - and certainly passionate about helping someone in the circumstances of the lady you describe.

- Dan

[roykirk]

Thanks, Dan.  I've passed on the name of this service to her.

[groovlstk]

AOS is required following entry.

I stand corrected, but I don't believe AOS is related to her Green Card, that is executed through the I-130 and if she's been in the US for two months she should already have it.

It's possible her husband confiscated it when it arrived in the mail, if so he committed a crime.

Since the K3 visa is multiple-entry, she can leave the US and return w/out a problem.

[BC]

No lawyer here, but the big question will probably be 'does the husband have money'..

If he does, there probably won't be a problem finding a lawyer to do what has to be done and on the immigration side, may not be much needed.  IIRC two years married gives green card status.  He's probably hiding it.  Throwing a woman with a small child to the street AND assets is a divorce lawyers dream, bez problem.

Have the nagging feeling though that he probably has little or nothing, thus the long wait to bring wife and child over.  Between living on the social 'dime' and going back home she might be better off with the latter when divorce/support issues are cleared up.

The GF likely preceded arrival of wife and her child..  three years is a long time.

[shakespear]

It's possible her husband confiscated it when it arrived in the mail, if so he committed a crime.

I'd guess that is more than likely what happened. 

[BC]

The draft IMBRA / VAWA pamphlet attached.. see last couple of pages.

[Admin]

I'd guess that is more than likely what happened. 

If so, the guy is going to be in a world of hurt if/when the lady finds solid counsel. If the guy is genuinely responsible for abusive behaviors, the laws now have provisions to help her no matter if the guy has money or not.

The other resource to consider is Maxx2 (http://www.russianwomendiscussion.com/index.php?action=profile;u=3525). Send him a PM, and while he normally works the other side of this issue, I know that he has occasionally helped ladies in dire circumstances such as this.

- Dan

[Ravens9273]

I barely stop by anymore and just happened to see this thread. I am actually rather shocked by some of the replies to this especially coming from the Men.

Something really big is missing here.
She has been here for two months. Nothing more then a long vacation yet she is determined to stay and have this Man pay for it.
I see a big issue there and we are not hearing the Man's side. But the fact she is determined to stay after such a short time here and collect money I do not see her as the loving wife she is being made out to be.
This could also explain the Man's reactions to throwing her out and buying the tickets to send her home. I see a GC girl here big time.

However I am amazed that the advice has been given to call shelters and domestic violence centers. I thought this is what we were here trying to stop?
Noowhere did the original OP make any claim that this Woman was a victim of Domestic Violence. Why would anyone (especially Men here) tell then to contact a Domestic Violence Center? You are encouraging a fake report.
How can we feed the same madness we wish to stop?
Many here need to realize in any day you could be the victim.

She has been here for two months. SHe has had a long vacation to the US. If she was truly this model wife the OP wants us to believe then she would take the ticket for her and her son and return home to her family. She is not choosing this route. She is choosing to stay and wants the Man to pay. She did not come here for a marriage. She came here for a GC. She does not need our help to play the system.

This is simple math.

Happy couple for 3 years while waiting for her k-3.
Man is loyal and waits this three years.

She arrives to US and within 2 months he wants her out and out of the country. Must be a big reason for him to make this decision considering he was so patient for 3 years. I think the clue is simple in the fact she is determined to stay after 2 months. She has not built a life here yet.

Math equals one thing. GREEN CARD GIRL. He found this out when she arrived and he is now trying to clean up the mess she put him in.

If anything I would ask the OP to ask the Man to come to this board. I think he is the one who needs the advice more.

[BC]

Raven,

With the very little information on hand, it's called 'benefit of doubt'.

btw... man probably was not 'loyal'.