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tommymac

K3/i130?

By tommymac in K-3 Spouse Visa Process & Procedures

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tommymac Apprentice

tommymac   1

Posted
Filed: AOS (apr) Country: Ukraine
 Timeline
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My wife entered the US legally as a J1 student,She has overstayed her visa for 20months now. She is still currently here are we applying for K3 or just change of status through i130. I'm a bit confussed. Please help thank you!!!

Overstayed J1 Visa.

Event Date

Service Center : Vermont Service Center

Consulate :

Marriage : 2008-04-11

I-130 Sent : 2008-08-11

I-130 NOA1 : 2008-08-21

I-130 Approved : 2008-12-26

I-765 Approved : 2009-06-26

I-131 Approved : 2009-06-26

I-485 Approved : 2009-08-20

Green Card Received: 2009-08-27

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)
My wife entered the US legally as a J1 student,She has overstayed her visa for 20months now. She is still currently here are we applying for K3 or just change of status through i130. I'm a bit confussed. Please help thank you!!!

does the J-1 have the two year HRR?

Since she is already here why a visa? Do you really want her to go home and interview at the consualte? Besides upon her departure she will incur a re-entry ban.

Best bet is I-130, I-485, I-765... and she does not leave the states until her greencard is in hand!

Edited by fwaguy

YMMV

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doug and leann Explorer

doug and leann   0

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
My wife entered the US legally as a J1 student,She has overstayed her visa for 20months now. She is still currently here are we applying for K3 or just change of status through i130. I'm a bit confussed. Please help thank you!!!

Since your wife is already here, she doesn't need a visa. Visas, like K3, allows foreigners to enter the US legally. You will then just need to adjust status. But keep in mind that your wife should have maintained her status as a J-1 student prior to your marriage and don't adjust status quickly. Give it time before you do this since the USCIS might think of it as visa fraud.

Were you guys married before or after she overstayed her visa? How long have you been married? Check the guides and the forums in here for more information.

K3 Visa - To Texas from Philippines

01-xx-2007 - I-130 & I-129F Sent

01-30-2007 - I-130 NOA1 Received

02-12-2007 - I-129F NOA1 Received

02-21-2007 - I-129F NOA2 Received (Transfer Notice)

06-25-2007 - I-129F NOA3 Received (Approval Notice)

07-26-2007 - I-130 NOA2 Received (Approval Notice)

06-12-2007 - K3 Packet Received

07-23-2007 - Medical

08-06-2007 - Visa Interview

08-09-2007 - Visa and Mysterious Brown Envelope Pick Up

08-29-2007 - Finally Reunited

EAD (soooo bored!)

05-14-2008 - EAD Mailed at Vermont

05-19-2008 - EAD Received (Signed for by ASTANLEY)

05-29-2008 - Check Cashed

05-30-2008 - NOA1 Received

06-27-2008 - Card Production Ordered

06-30-2008 - Approval Notice Sent

07-03-2008 - EA Card Received

AOS

06-12-2008 - AOS Mailed at Chicago Lockbox (finally, paperwork ready and complete)

06-16-2008 - AOS Received (Signed for by JCHYBA)

06-24-2008 - NOA1 Received

06-25-2008 - Check Cashed

07-16-2008 - Biometrics Appointment

11-13-2008 - Interview

01-07-2009 - Second Appointment

01-07-2009 - Card Production Ordered

01-13-2009 - Welcome Letter Received

01-20-2009 - 10-YEAR PERMANENT RESIDENT CARD Received

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tommymac Apprentice

tommymac   1

Posted
Filed: AOS (apr) Country: Ukraine
 Timeline
  • Author
Posted

Do I still need a cover letter?

Overstayed J1 Visa.

Event Date

Service Center : Vermont Service Center

Consulate :

Marriage : 2008-04-11

I-130 Sent : 2008-08-11

I-130 NOA1 : 2008-08-21

I-130 Approved : 2008-12-26

I-765 Approved : 2009-06-26

I-131 Approved : 2009-06-26

I-485 Approved : 2009-08-20

Green Card Received: 2009-08-27

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Brad and Vika Mentor

Brad and Vika   129

Posted
Filed: Lift. Cond. (apr) Country: Ukraine
 Timeline
Posted
My wife entered the US legally as a J1 student,She has overstayed her visa for 20months now. She is still currently here are we applying for K3 or just change of status through i130. I'm a bit confussed. Please help thank you!!!

does the J-1 have the two year HRR?

Since she is already here why a visa? Do you really want her to go home and interview at the consualte? Besides upon her departure she will incur a re-entry ban.

Best bet is I-130, I-485, I-765... and she does not leave the states until her greencard is in hand!

Can she even leave and re-enter while her status adjustment is in progress? Or does she risk a ban if she leaves? Will the status adjustment case contunue if she leaves?

3dflags_ukr0001-0001a.gif3dflags_usa0001-0001a.gif

Travelers - not tourists

Friday.gif

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