URGENT!!! Please advise

[raja10]

I am posting this on behalf of my friend's sister, she married a US citizen in January 2005, came to US in Nov'05 on K3 visa.She has I-94 till Nov'07.
Her husband has been harassing her ever since she came to US.
She had to call the cops after he attacked her with a knife last week... the cops could not arrest him... the investigation is pending for the domestic violence case and arrest warrant..
I would really appreciate if somebody can advise us to what are options available to her for a legal course of action... she does not have any money and hence cannot afford a lawyer....are there any lawyers/legal organisations who can fight her case in the state of Illinois?? She wants to press charges against this maniac...
And what is the validity of her k3 visa now after all this??

 

[ccordova624]

I am posting this on behalf of my friend's sister, she married a US citizen in January 2005, came to US in Nov'05 on K3 visa.She has I-94 till Nov'07.
Her husband has been harassing her ever since she came to US.
She had to call the cops after he attacked her with a knife last week... the cops could not arrest him... the investigation is pending for the domestic violence case and arrest warrant..
I would really appreciate if somebody can advise us to what are options available to her for a legal course of action... she does not have any money and hence cannot afford a lawyer....are there any lawyers/legal organisations who can fight her case in the state of Illinois?? She wants to press charges against this maniac...
And what is the validity of her k3 visa now after all this??

She can press charges against him, in fact she must do it. There are many non profit organizations that can help her with that. The police station can give her some references.

Now, about her K visa, well... it all depends at what stage of her adjustment of status she is... did she receive her conditional green card? did she marry him in the US?
If they have not go trough the interview, then there is not too much she can do, other that go back to her country before her I-94 expires. There is no other legal way that she can stay in the US legally.

NOW, If she has a conditional green card; then, the story could it be different. She could it go to court and try to get the permanent green card based on physical abuse from the USC.

 

[raja10]

 

[raja10]

thanx for your reply... well she did not marry him in US and did not go for interview... can she self peition based on her k3 visa and case of physical abuse??

 

[ccordova624]

thanx for your reply... well she did not marry him in US and did not go for interview... can she self peition based on her k3 visa and case of physical abuse??

Unfortunatetly, no. There is no such a thing as "self-petition based on her K3," the key of her situation is that she doesnt have a conditional GC or interview...

 

[Alantam]

I am posting this on behalf of my friend's sister, she married a US citizen in January 2005, came to US in Nov'05 on K3 visa.She has I-94 till Nov'07.
Her husband has been harassing her ever since she came to US.
She had to call the cops after he attacked her with a knife last week... the cops could not arrest him... the investigation is pending for the domestic violence case and arrest warrant..
I would really appreciate if somebody can advise us to what are options available to her for a legal course of action... she does not have any money and hence cannot afford a lawyer....are there any lawyers/legal organisations who can fight her case in the state of Illinois?? She wants to press charges against this maniac...
And what is the validity of her k3 visa now after all this??

The fact remains that she came in as a conditional resident and the only way out is through a waiver based on good faith marriage or as an abused spouse. I think she has better chance at the second option .K3 is a variation of the K-1,However, with the marriage, she can ask for relief with the I-360.It is temporary status until she has her case adjudicated.