Nice little story

[klowzz 0]

Hi I'm new here but now looking into this since I will be getting married next month .

Well heres my story and if you can give me some advice I would sure appreciate it.

I moved to the US from England in 95 and my whole family applied for residency (mom, dad and 2 brothers). Well in 1999 the paper work came in, got the photos done I have a SSN and white card but then my the rest of my family got their green cards and I got denied since during the process I turned 21. Re-applied and after constant checking it turns out they made a boo-boo and got my application mixed up with another with the same name. So again the process begins and for the last 3 years it has been pending with no light of day. I’ve been working, filing taxes and everything. I have spent a total of almost 2 weeks in line at the INS office.

Now I’ve met my wife to be who has a duel British-American citizenship. Can I apply using the K-3? What route would be the best one to take?

[aussiewench 9]

I am not even sure if one can petition for a spouse whilst their own is pending Perhaps your wife can, seen as she has dual citizenship......that would depend though I guess on the current/past situation of your wife (soon to be)........hmmmmmmmmmm......sorry kinda thinking out load here I am thinking perhaps a meeting with an immigration lawyer to weigh up your options. Then again I am tired and this has possibly gone way over my head due to that fact and someone will come along and perhaps have some answers for you.

P.S. Least this gets bumped back up for you

Lorelle

[Euro 3]

Confused but it dosent take much

Do you mean for your soon to be wife to file a K3 for you??..............is she living in the us now, as a usc??

I honestly dont know the answer but Lorelle's advice was good, just go get the advice of a immigration lawyer................ are you are both currently living in the US and you have papers already in the system, ???

EDITED to say..........watch this space as 1 of the very smart VJers will probably have a good answer for you!!

I wish you Good Luck & a great wedding day

Edited March 11, 2006 by euro

[aussiewench 9]

EDITED to say..........watch this space as 1 of the very smart VJers will probably have a good answer for you!!

[Euro 3]

EDITED to say..........watch this space as 1 of the very smart VJers will probably have a good answer for you!!

you know your smart, ya just not smart enough for this topic.......

[meauxna 15]

Hi I'm new here but now looking into this since I will be getting married next month .

Well heres my story and if you can give me some advice I would sure appreciate it.

I moved to the US from England in 95 and my whole family applied for residency (mom, dad and 2 brothers). Well in 1999 the paper work came in, got the photos done I have a SSN and white card but then my the rest of my family got their green cards and I got denied since during the process I turned 21. Re-applied and after constant checking it turns out they made a boo-boo and got my application mixed up with another with the same name. So again the process begins and for the last 3 years it has been pending with no light of day. I’ve been working, filing taxes and everything. I have spent a total of almost 2 weeks in line at the INS office.

Now I’ve met my wife to be who has a duel British-American citizenship. Can I apply using the K-3? What route would be the best one to take?

You have what is known around here as 'several complicating factors'. I have not seen anyone post their own experiences that would be of any use to you; I recommend that you get some legal intervention before you file anything.

IMO, complicating factors:

-"white card" indicates a refugee or asylee application. It might apply to other kinds of cases, but that's all I've ever heard of

-Case denied because you turned 21, commonly called 'aging out'

-Reapplication based on whatever status you were trying the first time

-Case pending for 3+ years

There is no one who posts to this board that is qualified to answer your questions. I can tell you that no-one at INS is going to be able to answer your questions either.

If I were you, I'd be shopping for a lawyer who is experienced in your issues, whatever they are. It doesn't sound like doing it yourself has worked out too well so far. That doesn't say anything bad about you, just that your issues are beyond 'do it yourself'.

[klowzz 0]

Thanks for your comments and I now do have a lawyer sorting the mess out. They told me to use the K3 since INS is lost about my case right now. Both of us live in the US (and getting married here too). I'll let you guys know how things turn out, hopefully it will help someone else out in the future.

Edited March 12, 2006 by klowzz

[meddykomp 0]

Do you currently reside in the US or in England?

[cmartyn 0]

You can only get a K3 from abroad.. thats goofy. I guess you could go home and get it.. but what for? It has to be based on an I-130 anyhow. Age out cases (Prior to August 2002 I think) Were suposed to file an I-485 AOS.. I dunno perhaps they dont make a Visa 4 U.

[aussiewench 9]

getting more dubious all the time me thinks.

[jula 0]

Why everybody thinks this is so complicated?

Klowzz is in the US (entered legaly) and when he marries USC, the USC-his wife can petition for him. They should send all the documents for AOS.

AOS is much safer than K3, as we are not sure how his current situation may be interpreted (any overstay or similar).

There are many people who are abandoning their current petition and starting with a different one when the situation changes.