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dale7570

k-3 visa while here illegally?

By dale7570 in K-3 Spouse Visa Process & Procedures

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dale7570 Contributor

dale7570   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

hello to all. i am a little confused about something. my ex-wife is brazilian therefore i know a lot of brazilians. i also know of a lot of brazilians who were here for years after there visitors visa had expired, yet were able to get a spouse visa and green card and they never returned to brazil during the process. can anyone explain to me how this happens because from the research i have done uscis is supposed to deny the spouse visa petition if the person has overstayed a visa more than 6 months?

pushbrk Grand Master

pushbrk   13,088

Posted
Filed: Other Country: China
 Timeline
Posted
hello to all. i am a little confused about something. my ex-wife is brazilian therefore i know a lot of brazilians. i also know of a lot of brazilians who were here for years after there visitors visa had expired, yet were able to get a spouse visa and green card and they never returned to brazil during the process. can anyone explain to me how this happens because from the research i have done uscis is supposed to deny the spouse visa petition if the person has overstayed a visa more than 6 months?

Consider this carefully. People already in the US don't need visas. Visas are used to enter a country. "Staying" and "getting it" are not the same thing.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

dale7570 Contributor

dale7570   0

Posted
Filed: K-1 Visa Country: China
 Timeline
  • Author
Posted
hello to all. i am a little confused about something. my ex-wife is brazilian therefore i know a lot of brazilians. i also know of a lot of brazilians who were here for years after there visitors visa had expired, yet were able to get a spouse visa and green card and they never returned to brazil during the process. can anyone explain to me how this happens because from the research i have done uscis is supposed to deny the spouse visa petition if the person has overstayed a visa more than 6 months?

sorry, i misstated that. i meant to say that they were able to get a green card as the spouse of usc. how does this happen?

desert_fox Proficient

desert_fox   32

Posted
Filed: Country: Spain
 Timeline
Posted
hello to all. i am a little confused about something. my ex-wife is brazilian therefore i know a lot of brazilians. i also know of a lot of brazilians who were here for years after there visitors visa had expired, yet were able to get a spouse visa and green card and they never returned to brazil during the process. can anyone explain to me how this happens because from the research i have done uscis is supposed to deny the spouse visa petition if the person has overstayed a visa more than 6 months?

sorry, i misstated that. i meant to say that they were able to get a green card as the spouse of usc. how does this happen?

If you entered the US legally...i.e. tourist visa...overstayed and subsequently married a US Citizen and apply for Adjustment of Status...all illegal presence and illegaly working is forgiven.

I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

Elbereth Collaborator

Elbereth   0

Posted
Filed: K-3 Visa Country: Brazil
 Timeline
Posted

it's so wrong

they should be deported and made go through the proper process and wait like the rest of us

####

dd/mmm/aaaa

05/jun/2007 - Got married

I-130

08/aug/2007 - I-130 Packet sent to NSC

09/aug/2007 - I-130 Packet received

19/sep/2007 - NOA1 receipt date

25/sep/2007 - NOA1 arrived

23/apr/2008 - APPROVED

Timeline estimated adjudication on March 4, 2008. It was adjudicated on April 23.

Our I-130 was approved in 258 days.

I-129F

09/oct/2007 - I-129F Packet sent to CSC

10/oct/2007 - I-129F Packet received

12/oct/2007 - NOA1 receipt date

20/oct/2007 - NOA1 received

23/apr/2008 - APPROVED

Timeline estimated adjudication on April 4, 2008. It was adjudicated on April 23.

Our I-129f was approved in 197 days.

NVC

08/may/2008 - replied to my e-mail sent on april 30, saying that our petition has been sent to the consulate.

Consulate

20/JUN/2008 - Interview - APPROVED!!!

AOS

18/mar/2009 - Packet delivered

24/mar/2009 - NOA for AOS and EAD date

25/mar/2009 - Check cashed

15/apr/2009 - Biometrics done

22/may/2009 - EAD approved

AJS Apprentice

AJS   0

Posted
Filed: K-3 Visa Country: United Kingdom
 Timeline
Posted
it's so wrong

they should be deported and made go through the proper process and wait like the rest of us

####

Couldn't agree with you more! This is the reason the immigration process takes so long for those of us who do it correctly, because of illegal immigrants. I hate illegals.

sami81 Apprentice

sami81   0

Posted
Filed: K-3 Visa Country: Sudan
 Timeline
Posted

so its possible to get wifey through mexico for example and still get k3 done?

K-3 Visa

Service Center : Vermont Service Center

Marriage : 2007-10-14

I-130 Sent : 2007-11-24

I-130 NOA1 : 2008-01-29

I-129F Sent : 2008-01-30

I-129F NOA1 : 2008-02-06

I-130 Approved : 2008-04-24

USEM interview : 2008-09-25

Finally reunited : 2008-10-12

Delicia Proficient

Delicia   1

Posted
Filed: AOS (apr) Country: Chile
 Timeline
Posted
so its possible to get wifey through mexico for example and still get k3 done?

Typically, you have to reside in a foreign country legally in order to have the U.S. Embassy/Consulate interview in that foreign country.

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

Minya's wife Experienced

Minya's wife   25

Posted
Filed: Lift. Cond. (apr) Country: Hungary
 Timeline
Posted (edited)
so its possible to get wifey through mexico for example and still get k3 done?

No...you cannot illegally enter the US and then adjust status based on marriage to a USC. You must first come in on some sort of legal visa, and have not intent to stay. If things change later, after your entry, then it is permissible to adjust status from within.

-P

Edited by Paula&Minya
funny-dog-pictures-wtf.jpg
pushbrk Grand Master

pushbrk   13,088

Posted
Filed: Other Country: China
 Timeline
Posted
so its possible to get wifey through mexico for example and still get k3 done?

Is there some part of "enter the US legally" you didn't understand?

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

sami81 Apprentice

sami81   0

Posted
Filed: K-3 Visa Country: Sudan
 Timeline
Posted
so its possible to get wifey through mexico for example and still get k3 done?

No...you cannot illegally enter the US and then adjust status based on marriage to a USC. You must first come in on some sort of legal visa, and have not intent to stay. If things change later, after your entry, then it is permissible to adjust status from within.

-P

thanks for the info

K-3 Visa

Service Center : Vermont Service Center

Marriage : 2007-10-14

I-130 Sent : 2007-11-24

I-130 NOA1 : 2008-01-29

I-129F Sent : 2008-01-30

I-129F NOA1 : 2008-02-06

I-130 Approved : 2008-04-24

USEM interview : 2008-09-25

Finally reunited : 2008-10-12

sami81 Apprentice

sami81   0

Posted
Filed: K-3 Visa Country: Sudan
 Timeline
Posted
so its possible to get wifey through mexico for example and still get k3 done?

Is there some part of "enter the US legally" you didn't understand?

dude, whats your problem exactly?

K-3 Visa

Service Center : Vermont Service Center

Marriage : 2007-10-14

I-130 Sent : 2007-11-24

I-130 NOA1 : 2008-01-29

I-129F Sent : 2008-01-30

I-129F NOA1 : 2008-02-06

I-130 Approved : 2008-04-24

USEM interview : 2008-09-25

Finally reunited : 2008-10-12

 
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