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Immigration Issues/K3 visa/divorced/Can she stay in the U.S.?

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Question
My current girlfriend came to the U.S. on a K3 visa a year ago from China. Her husband during the past few years has been going back and forth between the U.S. and China running his restaurant business. Because of that, she had no one to help her with the paperwork, so she missed her green card interviews twice and received a letter from the Dept. of Homeland Security to leave the U.S. immediately which she did, going back to China. During that time, their
relationship grew sour, but she decided to give it another try, so she re-entered the U.S. with her husband from China. However, they ended up filing for divorce. Then I meet her in the U.S. during this time and hope that she can
stay. I am a U.S. citizen and plan to marry her after she settles her divorce. Can she stay in the U.S. legally during this period while she is waiting for the divorce paperwork to be completed? Her K3 visa will not expire for another year. Can she work during this time? What step should I take to have her stay legally and permanently with me in the U.S.?  Thanks for your advice.

Answer
Pepole who come in on K visas can not get their green cards here unless they get them through the person who brought themn here on the K. If she overstays her I-94 by more than 3 months she will have a 3 year bar if she leaves the country and if she stays more than a year after I-94 expires she will have a 10 year bar unless she gets a waiver.

Bottom line is she has to go home and be processed abroad for a green card through you and any waivers that she needs.


Regards,

Robert

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