K-3 visa

[AstroM33 0]

Hi everyone,

I am currently going through a K-1 visa and an acquaintance asked what the process was for someone who married an illegal immigrant here in the U.S. I was not sure, but told her that I imagined the person would have to leave the U.S. to their native country and then the USC spouse would have to petition them from here.

Am I wrong? Anyone have any ideas as to what the process actually entails? Has anyone actually done this?

I would love to help them out. Any help will be greatly appreciated.

[YuAndDan 153]

Leaving the country will subject the illegal immigrant to a bar that will need a waiver.

Depending on how the person entered the country, they may be able to simply adjust status, for example if the person entered the USA legally either by Visa or Visa waiver, and then just overstayed, they should adjust status, not leave the country.

http://www.visajourney.com/forums/index.ph...page=i130guide2

[AstroM33 0]

The illegal immigrant entered the US illegally. He then married a U.S. citizen stateside.

[YuAndDan 153]

The illegal immigrant entered the US illegally. He then married a U.S. citizen stateside.

Then in that case, yes the illegal will need to voluntarily leave the country, and US citizen applies for the visa, probably just do CR-1/IR-1 by filing only the I-130, and then when the interview comes up will then have to file a waiver at the interviewing officer's request.

Hopefully, this was the only immigration offense.

[pushbrk 12,886]

The illegal immigrant entered the US illegally. He then married a U.S. citizen stateside.

Then in that case, yes the illegal will need to voluntarily leave the country, and US citizen applies for the visa, probably just do CR-1/IR-1 by filing only the I-130, and then when the interview comes up will then have to file a waiver at the interviewing officer's request.

Hopefully, this was the only immigration offense.

USC files a petition, not a visa application. Foreigners file visa applications after the petition is approved.

[Monica&Isha 0]

Leaving the country will subject the illegal immigrant to a bar that will need a waiver.

Depending on how the person entered the country, they may be able to simply adjust status, for example if the person entered the USA legally either by Visa or Visa waiver, and then just overstayed, they should adjust status, not leave the country.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Yes. If the person does not have any paper from the US immigration such as I-94, even if it is not valid any longer, the person would have to go back to the country of origin, apply for a visa and probably ask for a waiver since most likely the visa will be denied at first. Otherwise, it would be better to apply for adjustment of status in the US, so she/he doesn't have to be separated from her/his spouse.

I have a friend who overstayed and months later came back to Brazil. After finishing college, she got married to her american boyfriend and got her visa in only 4 months, no waivers were necessary. However, that was before the "applications boom" last year.

I meant to say if the I-94 exists but it is not valid, you can still apply for AOS.

Leaving the country will subject the illegal immigrant to a bar that will need a waiver.

Depending on how the person entered the country, they may be able to simply adjust status, for example if the person entered the USA legally either by Visa or Visa waiver, and then just overstayed, they should adjust status, not leave the country.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Yes. If the person does not have any paper from the US immigration such as I-94, even if it is not valid any longer, the person would have to go back to the country of origin, apply for a visa and probably ask for a waiver since most likely the visa will be denied at first. Otherwise, it would be better to apply for adjustment of status in the US, so she/he doesn't have to be separated from her/his spouse.

I have a friend who overstayed and months later came back to Brazil. After finishing college, she got married to her american boyfriend and got her visa in only 4 months, no waivers were necessary. However, that was before the "applications boom" last year.