Legal Question in Immigration Law in California

change of status from a K3 visa

I know someone who married a US citizen, and moved with him on a K3 visa. The marriage doesn't seem to be going very well and the husband (US citizen) is not applying for a green card. The wife (my friend) doesn't want to leave US and wants to know what are the options changing visa status from K3. She still has one year of legal stay in the US.

Additionally, the husband has imposed strict restrictions on her, she can not leave house, can not call anyone, can not access internet. All she is really doing is just working for him. Does this count as some form of slavery? Can she bring a case against him on this basis?


Asked on 2/10/07, 4:01 pm

2 Answers from Attorneys
Nicola Prall Prall Immigration Law Firm, PC

Re: change of status from a K3 visa

Your friend *may* have a basis to adjust status as a "Special Immigrant." She should contact an immigration attorney.

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Answered on 2/12/07, 1:06 pm
Carol Saliba Attorney at Law

Re: change of status from a K3 visa

She may have a "Violence Against Women Act" VAWA case if she can prove that he has been either physically or mentally abusive. It sounds like she may have a case. Contact me for more info, if you like.

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Answered on 2/12/07, 4:12 pm


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