Question about K-3?

[Ashley&Brian 0]

Hi there,

I'm hopefully looking for a little clarification on my situation if possible. I am a Canadian citizen and married my husband who is an American citizen in the Unites States over 6 years ago. I had entered on a temporary visa and married while I was there. We had planned on filing for Adjustment Of Status, but after several failed attempts and a couple of years we broke up. We've been living apart for 2 years now but have just decided to try and make things work. Is the fastest way for us to be together to file for a K-3 Visa? Is there any way to do that while I am in the U.S.? If not can we visit each other while it is processing because it seems like it can take about 6-8 months. Any suggestions or advise would be extremely appreciated as I am kind of lost in all this and just want to be with my husband.

Ashley

[YuAndDan 153]

Question, during the past 6 years have you stayed in the USA for periods longer than 6 months? Doing so may cause problems when you eventually interview for the K-3 visa in Montreal or Vancouver.

[Ashley&Brian 0]

Question, during the past 6 years have you stayed in the USA for periods longer than 6 months? Doing so may cause problems when you eventually interview for the K-3 visa in Montreal or Vancouver.

Yes, there were a few times when i was residing in the US for over 6 months. What kinds of problems will this cause? Could this prevent me from immigrating to the US???

[YuAndDan 153]

Question, during the past 6 years have you stayed in the USA for periods longer than 6 months? Doing so may cause problems when you eventually interview for the K-3 visa in Montreal or Vancouver.

Yes, there were a few times when i was residing in the US for over 6 months. What kinds of problems will this cause? Could this prevent me from immigrating to the US???

Overstays can accumulate and present them selves as bars of 3 years to 10 years, this will come up at the vis interview, and a waiver will be requested to be filed.

(B ) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b )(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

[Ashley&Brian 0]

Question, during the past 6 years have you stayed in the USA for periods longer than 6 months? Doing so may cause problems when you eventually interview for the K-3 visa in Montreal or Vancouver.

Yes, there were a few times when i was residing in the US for over 6 months. What kinds of problems will this cause? Could this prevent me from immigrating to the US???

Overstays can accumulate and present them selves as bars of 3 years to 10 years, this will come up at the vis interview, and a waiver will be requested to be filed.

(B ) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b )(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

So a waiver can be filed? Do you have any idea of how long the time frame is for that?

[YuAndDan 153]

So a waiver can be filed? Do you have any idea of how long the time frame is for that?

A few months, it is only filed at the request of the interviewing officer.