Expired K3 (no AoS)

[Theosebes 0]

My wife is from Mexico, and we were married there in Mexico. We applied for the K3, and went through the process necessary, and the K3 was issued about 2 and a half years ago, after we had been married for 2 years. (I have been looking at the timelines here, and it seems to be taking a lot less time these days - it took us a year and a half to get the K3)

However, shortly after she arrived (and before we applied for the Adjustment of Status) we began having problems, and planned to divorce. She moved back to Mexico, and has been there for over a year. However, we are working to reconcile now, and we will not be divorcing. Now we are looking at how we can bring her back to the US so that we can be together. However, her K3 visa expired in April, and an Adjustment of Status was never filed because we were planning on divorcing and she was not going to re-enter the US.

Now that we are reconciling, we are not sure how to proceed to bring her into the US. Since no divorce was ever filed, we are still married, but because everything has expired, I am at a loss as to how to proceed. Am I going to have to start the K3 from scratch again? Would they even approve it? Are there any other options out there? Any help would be greatly appreciated

[john_and_marlene 162]

My wife is from Mexico, and we were married there in Mexico. We applied for the K3, and went through the process necessary, and the K3 was issued about 2 and a half years ago, after we had been married for 2 years. (I have been looking at the timelines here, and it seems to be taking a lot less time these days - it took us a year and a half to get the K3)

However, shortly after she arrived (and before we applied for the Adjustment of Status) we began having problems, and planned to divorce. She moved back to Mexico, and has been there for over a year. However, we are working to reconcile now, and we will not be divorcing. Now we are looking at how we can bring her back to the US so that we can be together. However, her K3 visa expired in April, and an Adjustment of Status was never filed because we were planning on divorcing and she was not going to re-enter the US.

Now that we are reconciling, we are not sure how to proceed to bring her into the US. Since no divorce was ever filed, we are still married, but because everything has expired, I am at a loss as to how to proceed. Am I going to have to start the K3 from scratch again? Would they even approve it? Are there any other options out there? Any help would be greatly appreciated

Start over again.

[payxibka 10,047]

You did it before... just do it again

[Mononoke28 137]

My wife is from Mexico, and we were married there in Mexico. We applied for the K3, and went through the process necessary, and the K3 was issued about 2 and a half years ago, after we had been married for 2 years. (I have been looking at the timelines here, and it seems to be taking a lot less time these days - it took us a year and a half to get the K3)

However, shortly after she arrived (and before we applied for the Adjustment of Status) we began having problems, and planned to divorce. She moved back to Mexico, and has been there for over a year. However, we are working to reconcile now, and we will not be divorcing. Now we are looking at how we can bring her back to the US so that we can be together. However, her K3 visa expired in April, and an Adjustment of Status was never filed because we were planning on divorcing and she was not going to re-enter the US.

Now that we are reconciling, we are not sure how to proceed to bring her into the US. Since no divorce was ever filed, we are still married, but because everything has expired, I am at a loss as to how to proceed. Am I going to have to start the K3 from scratch again? Would they even approve it? Are there any other options out there? Any help would be greatly appreciated

Yes, you have to start the process all over again. This time you may want to consider filing only the I-130 for an IR1 visa so she can get her 10 year green card once she enters the US.

Diana