Immigration Issues/expired k-3 visa

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Question
my ex husband entered the US with a k3 visa - that was in 2003.  I never adjusted his status due to marital problems.  He held a work permit and a Temp ss# for 1.5 years.  He is still int he country - illegally - I divorced him legally Aug 2010.  Does he have any chance of adjusting his status without having to leave the US?  I'm willing to help him with that process except remarry him.  We're only good friends now.  Please advice

Answer
Hello Martha,

His only change to get a green card is to file a self-petition under VAWA and claim that he was abused by you either physically or mentally.  You will not get into any legal trouble if he does that because it is his self-petition and does not concern you. You will not be criminally prosecuted or anything, so if you want to help him, you can help him do that.

Of course, remarrying is another option, but you don't want that.

Because he entered with a K-3 visa, he cannot marry anyone else but YOU to get a green card.  Like I said, he can also claim to be a victim of domestic abuse.
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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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